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Adblocking Does Not Constitute Copyright Infringement, Court Rules

jagdtigger
On 1/29/2022 at 1:20 PM, LAwLz said:

The law literally says piracy is defined as copyright infringemen

As is written in Copyright Law in those subsections of it and glossary of terms. I would be careful saying that is the only legal definition of piracy because without looking I'm fairly confident maritime piracy laws still exist and may well use the same word somewhere within it. I would be even more careful saying it's the only word definition.

 

At least in my local laws it is anyway.

Quote

Piracy
(1) Every one who does any act amounting to piracy by the law of nations, whether that act is done within or outside New Zealand,—
  (a) shall upon conviction thereof be sentenced to imprisonment for life if, in committing piracy, he or she murders, attempts to murder, or does any act               likely to endanger the life of any person:
  (b) is liable to imprisonment for a term not exceeding 14 years in any other case.
(2) Any act that by the law of nations would amount to piracy if it had been done on the high seas on board or in relation to a ship shall be piracy for the purposes of this section if it is done on board or in relation to an aircraft, whether the aircraft is on or above the sea or is on or above the land.

https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328572.html

 

Backpedal or not, people simply don't like being called out for their own transgressions, especially when they know they have been doing it. If people have been watching YouTube with a grey shade of hat, like myself, it's probably not a good idea to get all super defensive about it and get in to a semantics and definitions argument. When you know you're in the wrong, regardless of how much, probably a better idea to just keep quiet.

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21 minutes ago, leadeater said:

done on the high seas

I kind of love that they actually call it "the High seas".

"A high ideal missed by a little, is far better than low ideal that is achievable, yet far less effective"

 

If you think I'm wrong, correct me. If I've offended you in some way tell me what it is and how I can correct it. I want to learn, and along the way one can make mistakes; Being wrong helps you learn what's right.

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15 minutes ago, J-from-Nucleon said:

I kind of love that they actually call it "the High seas".

I also like how the high seas includes an aircraft lol

 

I didn't know water floats in the sky, well I guess it does, clouds and humidity but still 🙃

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24 minutes ago, Bitter said:

Air is a liquid.

Liquid is a state of matter, air is a gas

 

Liquid air is a liquid 🙃

 

Also water likes to be all tricky like and act different to everyone else. Water be like "I see your thermal expansion and energy rules and I do my own thing, hah suck it"

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4 hours ago, Kisai said:

 probably from they themselves pirating crap and getting tricked

Thats BS and you know it. Malvertising/cryptojacking is a real issue and it is not limited to pirate sites.

 

4 hours ago, Kisai said:

likely had some bad experience in the past

Getting a jump-scare from a loud auto playing video ad on a news site is definitely a bad experience. Its all about tolerance zones and breaking points. As advertising companies got greedier and cut down the payouts for ads to nickels and dimes so they can keep more of what they get for them sites put up more and more ads(instead of banding together and fighting back). At some point everyone reaches the breaking point and will say "screw this im done dealing with this crap". Its not about intelligence or selfishness. You cannot expect ppl to tolerate everything infinitely, and definitely cant pin the blame on them if you piss them off so much that  they start to implements things to get rid of your junk.

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5 hours ago, leadeater said:

As is written in Copyright Law in those subsections of it and glossary of terms. I would be careful saying that is the only legal definition of piracy because without looking I'm fairly confident maritime piracy laws still exist and may well use the same word somewhere within it. I would be even more careful saying it's the only word definition.

 

At least in my local laws it is anyway.

https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328572.html

 

Backpedal or not, people simply don't like being called out for their own transgressions, especially when they know they have been doing it. If people have been watching YouTube with a grey shade of hat, like myself, it's probably not a good idea to get all super defensive about it and get in to a semantics and definitions argument. When you know you're in the wrong, regardless of how much, probably a better idea to just keep quiet.

Wait wouldn't that mean kids playing Pirate, or dressing up as a Pirate would violate the law?

 

Even those playground "sunken" Pirate ships would then be illegal 

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29 minutes ago, darknessblade said:

Wait wouldn't that mean kids playing Pirate, or dressing up as a Pirate would violate the law?

 

Even those playground "sunken" Pirate ships would then be illegal 

Well if they are on a boat or an aircraft and stealing lollies from other kids then yes, they be pirates yarrr 🙃

 

But no, they have to actually commit an act that by legal definition under law is piracy i.e. Section 1. But who knows, maybe they are taking their play VERY seriously lol

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You can choose to be either a pirate or a hostage. Every time a video is interrupted to tell me it would not have been interrupted if I would have gotten Youtube premium, it feels like an unnecessary annoyance to blackmail people into buying something. Some pages will only play ads while the window is in the foreground. A lot of pages don't allow you to control the volume on ads and they explicitly don't follow the EBU R128 standard, blasting everything at full volume in your face. And not to mention malware infested ads and trackers.

These intrusive and abusive actions pushed people to use ad-blockers. It hurts business, I get it. But instead of calling out the black sheep and creating standards for non-intrusive ads, the advertisement industry just doesn't seem to care, Instead of fighting the problem, they fight the workaround.

It's exactly the same for cookie pop-ups. They are designed to be as confusing, cumbersome and annoying as possible. On some pages you have to manually deselect hundreds (!) of cookies. Every single one individually. Accepting all is just one simple click.
I'm rather be a pirate than a hostage.

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6 hours ago, leadeater said:

Backpedal or not, people simply don't like being called out for their own transgressions, especially when they know they have been doing it. If people have been watching YouTube with a grey shade of hat, like myself, it's probably not a good idea to get all super defensive about it and get in to a semantics and definitions argument. When you know you're in the wrong, regardless of how much, probably a better idea to just keep quiet.

 

Some people just can't make peace with the fact that other people have more and work for it.  watching content you aren't paying for is a luxury choice, it's not like food or shelter.

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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9 hours ago, leadeater said:

Liquid is a state of matter, air is a gas

 

Liquid air is a liquid 🙃

 

Also water likes to be all tricky like and act different to everyone else. Water be like "I see your thermal expansion and energy rules and I do my own thing, hah suck it"

Gasses and liquids are both fluids, so in humorous layman's terms air is a liquid.

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7 minutes ago, Bitter said:

Gasses and liquids are both fluids, so in humorous layman's terms air is a liquid.

Well you can also compress and freeze air until it's a solid too, but I'll just stick to calling things either a state of matter or fluid and not mix the terms otherwise we might end up in a  crazy world with solid gas, I'm not so keen on trying to breathe solid air 🙃

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7 minutes ago, leadeater said:

I'm not so keen on trying to breathe solid air

And what about breathing a liquid without drowning? 🤔

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9 hours ago, leadeater said:
10 hours ago, Bitter said:

Air is a liquid.

Liquid is a state of matter, air is a gas

 

Liquid air is a liquid 🙃

It's more accurate to say that air is a fluid,

You learn that in the physics topic of fluid dynamics.

The biggest difference between liquid and gas is the density,

Liquids are a lot more dense than gas.

 

 

 

 

 

 

 

 

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1 hour ago, Vishera said:

It's more accurate to say that air is a fluid,

You learn that in the physics topic of fluid dynamics.

The biggest difference between liquid and gas is the density,

Liquids are a lot more dense than gas.

I had typed that as reply to @leadeater but I guess I closed my laptop before it posted, whoops!

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On 1/29/2022 at 11:19 PM, jagdtigger said:

Thats BS and you know it. Malvertising/cryptojacking is a real issue and it is not limited to pirate sites.

You're right, it's not limited to "only" pirate sites, but the majority of legitimate sources are not routinely hijacked, where as piracy sites (eg "free comics, free manga, watch cartoons, watch game of thrones, etc") can't go one page without spawning them.

 

Someone blocking all ads by default, is, yes, being a pirate, and also a petty jerk if they defend it.

 

On 1/29/2022 at 11:19 PM, jagdtigger said:

Getting a jump-scare from a loud auto playing video ad on a news site is definitely a bad experience. Its all about tolerance zones and breaking points. As advertising companies got greedier and cut down the payouts for ads to nickels and dimes so they can keep more of what they get for them sites put up more and more ads(instead of banding together and fighting back). At some point everyone reaches the breaking point and will say "screw this im done dealing with this crap". Its not about intelligence or selfishness. You cannot expect ppl to tolerate everything infinitely, and definitely cant pin the blame on them if you piss them off so much that  they start to implements things to get rid of your junk.

 

Honestly, I don't understand why sites accept adsense's "let me try and fill all your ad inventory with as much worthless crap as possible" excuse. Set a minimum, of at least $0.25USD CPM, and your site will NEVER see any garbage ads whatsoever. Only the sites with no floor get all that trash.

 

These sites that routinely have malware on them? Are because the people who are running ads, DO NOT CARE, and accept ads from anyone because there is no CPM floor. So you get garbage like taboola showing shock images on pages that aren't shock content, Taboola, last time I checked is a CPC ad system and the sites that run their ads get paid nothing.

 

Disqus, used to be a great site, then they started putting ads on sites, with no quality control what-so-ever, and now everyone is told to delete Disqus when these shock image ads creep in, because the sites they are appearing on have no control over it.

 

And if you have an ad-sponsored site and just don't care about ad revenue at all, set the CPM to $3.50, which is the level that Amazon and Google pay to video creators for video ads. Then if anyone actually wants to run an ad on your site, they can absolutely pay the premium for it.

 

The goal of adsense is to min-max fill rate, not revenue, and if your site is low-quality, then you get low-quality ads, and never any high quality ads. If your site only runs low-quality ads, then you drag down the overall quality and trust of the site, hence the desire for people to block ads first.

 

At any rate we're seeing "the end" for third party ads.

https://www.adexchanger.com/ad-exchange-news/the-tcf-iab-europes-gdpr-workaround-got-shot-down-by-belgiums-dpa-with-six-months-to-fix-it/

 

We're going to see web ads monopolized entirely by Google, because they have too much leverage by having control over the Chrome web browser everyone uses.

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9 minutes ago, Kisai said:

Someone blocking all ads by default, is, yes, being a pirate

Can you stop repeating the same BS claim, it wont make it true.....

 

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IMO the big problem is that even the "trusted" sources do offer bad ads. Google Ads does offer ads that either advertise or are themselves malware, scams, frauds, cryptojacking and almost all other brown matter like those, same does Facebooks ad platform, Unitys ad API and probably everyone else and even the big players do not seems to give two fracks about it and rather pull the BS-card "it's the choice of the site what ads they show".

Calling using adblocker piracy is like calling someone using a rubber with the cheapest lady of the night not getting the full experience; You really wouldn't want to allow Googles Ad servers to connect to your machine without protection if you had a single idea what lies within those money making depths. And the low end is so low that personally I keep the high-end also out just for sanitation reasons, it's like growing potatoes on top of a toxic dump.

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2 hours ago, jagdtigger said:

Can you stop repeating the same BS claim, it wont make it true.....

 

Okay, fine. Ad blocking is the same as stealing cable. You're circumventing the content protection mechanism to get content you're supposed to be paying for, for free.

 

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1 hour ago, Kisai said:

Okay, fine. Ad blocking is the same as stealing cable. You're circumventing the content protection mechanism to get content you're supposed to be paying for, for free.

 

The equivalent to stealing cable in the internet space is... um... stealing cable (or ADSL if you use that), surely?

 

Ad blocking would be the equivalent of turning off the TV while the ads are on.

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42 minutes ago, pythonmegapixel said:

The equivalent to stealing cable in the internet space is... um... stealing cable (or ADSL if you use that), surely?

 

Ad blocking would be the equivalent of turning off the TV while the ads are on.

Perhaps you're too young to realize that "stealing cable" was going to your cable box and removing a 10 cent filter and give you channels above channel 13.

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17 hours ago, Kisai said:

Someone blocking all ads by default, is, yes, being a pirate, and also a petty jerk if they defend it.

IT IS NOT PIRACY. It is leaching. Different words have different meanings.

 

Piracy is by definition a criminal act. Blocking ads is not. It's not even violation of a contract, literal or social, unless you've made an agreement to watch ads in exchange for content. I certainly have not signed such an agreement with linus or ABC or google. An obligation can't be assumed to exist just because someone wants it to.

 

In online vernacular, blocking ads is leaching.  From Wiki:

Quote

In computing and specifically in Internet slang, a leech is one who benefits, usually deliberately, from others' information or effort but does not offer anything in return, or makes only token offerings in an attempt to avoid being called a leech. In economics, this type of behavior is called "free riding" and is associated with the free rider problem. The term originated in the bulletin board system era, when it referred to users that would download files and upload nothing in return.

 

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15 hours ago, Kisai said:

Okay, fine. Ad blocking is the same as stealing cable. You're circumventing the content protection mechanism to get content you're supposed to be paying for, for free.

Except it's not, as cable service is a paid for good. You can only get it for free. Content such as youtube is not provided as a paid good, IT is provided as enticement to get you to pay attention to the advertising, but there is no obligation or contract to that.

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I admit I had to install an ad blocker on my phone,  I was listening to a youtube playlist while I was working, however the ads were so loud I had complaints from other workers, forget the fact it pissed me off endlessly.  If the ads were normal ads at a normal volume and only went for 15 seconds after every song I wouldn't bother with an adblocker.

 

I agree that we should leave the ads on and allow the content creators to get whatever pissy payment they get these days,  but at this rate I am just going to go back to making an MP3 playlist and do it the old fashioned way, which means they don't get my ad watching anyway.

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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 I think we're so desperate to attach monetary value to anything that we've run out of ideas and in the process, everything gets devalued. Half-baked internet videos, block-chain, NFT, advertisements...It's a parade of bastardised notions of value. And desperation is baked-in to advertising. It's palpable. Basically, a lot of stuff just isn't worth it. This forum is content, but I'm not getting paid for my contribution. Good thing too. It's worthless. 

 

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