Robin Hoods and robbers from the high road
In the process of harassing erock, I discovered an amazing thing: many habrizhiteli do not understand the principles underlying copyright so that they can not figure out the simplest situation.
For example: two friends (well, let's say, Vasya and Petya) went to the store and bought Dima Bilan's album there, after which they went home and listened to it. But the drive is expensive and therefore they decided to “help” their friends and give them the opportunity to “enjoy the masterpiece”. Vasya (crusher) advertised on the forum and sold, let's say, 10 copies for 15% of the cost. And Petya (kind soul) laid it out on the same forum and downloaded it, well, for example, 1000 people.
Which of them is Robin Hood, and who is a highwayman?
Many people respond to this question by twisting their fingers at their heads and explaining that there is nothing to think about. Formulating his explanations, like this: It's one thing to give out copies for free, and another thing to sell someone else's work. In the first case, we share the ball, we act kindly :) And the second is already theft. . It sounds logical. And for the fact that erock promised to “do good,” and tried to “get a profit from it” (horror of horrors) and drove him into insane minuses. And people, in general, can be understood. But these are pure, not supported by anything, and even more so by the law, emotions.
')
And what does the law say about Vasya and Petit? And the law does not include the concept of “nobility” (surprisingly). But it includes the notion of “damage” - and proceeding from it and assesses the severity of the violation. And based on the size of the damage, Vasya’s deed (selling 10 copies of a disk costing hardly more than 1000 rubles) is an administrative violation punishable by a fine, but Petya may receive a deadline.
How so? Why? Where's the justice? Why is the "benevolent" Petya a felon, and Vasya is just a minor violator? Where did such a stupid law come from? It's simple: although the copyright law is intended to bring light to the masses , it acts indirectly: by giving the authors (and “other copyright holders”) a monopoly on certain actions. And he punishes precisely for violating the monopoly, and not for thinking. The more people get copies of the album from Vasya and Petya - the less they will go to the store! And therefore, from the point of view of criminal and administrative law, Vasya is far less dangerous than Peter. Therefore, the punishment for its violation will be less. And Peter, inflicting "major damage" (over 50'000 rubles) turned out to be a criminal (article 146 UK ) - with all the consequences ... These are the pies with kittens.
PS And yes, of course, the judge can take into account the motivations of the offender and “knock off” or, on the contrary, “add” the term. But the basic "price issue" - it is calculated is based on the damage. So when comparing Vasya and Petit with Kolya (the seller at the kiosk selling more than one thousand illegal copies of different albums and films in a month), your intuition will not deceive you and the law will say that it should be punished more than Vasya and Petya combined, but why do people so often get past the ticket office in the case of Vasya and Petya?
PPS I specifically considered the case of uploading a file to a forum (where, as a rule, the number of times a file is downloaded and all the parameters are easy to find and see). In other cases, it will be more difficult to calculate the amount of damage (especially when using P2P networks) - but in any case it is considered the damage caused to the author (or other copyright holder), and not the income received by “Robin Hood” ...
For example: two friends (well, let's say, Vasya and Petya) went to the store and bought Dima Bilan's album there, after which they went home and listened to it. But the drive is expensive and therefore they decided to “help” their friends and give them the opportunity to “enjoy the masterpiece”. Vasya (crusher) advertised on the forum and sold, let's say, 10 copies for 15% of the cost. And Petya (kind soul) laid it out on the same forum and downloaded it, well, for example, 1000 people.
Which of them is Robin Hood, and who is a highwayman?
Many people respond to this question by twisting their fingers at their heads and explaining that there is nothing to think about. Formulating his explanations, like this: It's one thing to give out copies for free, and another thing to sell someone else's work. In the first case, we share the ball, we act kindly :) And the second is already theft. . It sounds logical. And for the fact that erock promised to “do good,” and tried to “get a profit from it” (horror of horrors) and drove him into insane minuses. And people, in general, can be understood. But these are pure, not supported by anything, and even more so by the law, emotions.
')
And what does the law say about Vasya and Petit? And the law does not include the concept of “nobility” (surprisingly). But it includes the notion of “damage” - and proceeding from it and assesses the severity of the violation. And based on the size of the damage, Vasya’s deed (selling 10 copies of a disk costing hardly more than 1000 rubles) is an administrative violation punishable by a fine, but Petya may receive a deadline.
How so? Why? Where's the justice? Why is the "benevolent" Petya a felon, and Vasya is just a minor violator? Where did such a stupid law come from? It's simple: although the copyright law is intended to bring light to the masses , it acts indirectly: by giving the authors (and “other copyright holders”) a monopoly on certain actions. And he punishes precisely for violating the monopoly, and not for thinking. The more people get copies of the album from Vasya and Petya - the less they will go to the store! And therefore, from the point of view of criminal and administrative law, Vasya is far less dangerous than Peter. Therefore, the punishment for its violation will be less. And Peter, inflicting "major damage" (over 50'000 rubles) turned out to be a criminal (article 146 UK ) - with all the consequences ... These are the pies with kittens.
PS And yes, of course, the judge can take into account the motivations of the offender and “knock off” or, on the contrary, “add” the term. But the basic "price issue" - it is calculated is based on the damage. So when comparing Vasya and Petit with Kolya (the seller at the kiosk selling more than one thousand illegal copies of different albums and films in a month), your intuition will not deceive you and the law will say that it should be punished more than Vasya and Petya combined, but why do people so often get past the ticket office in the case of Vasya and Petya?
PPS I specifically considered the case of uploading a file to a forum (where, as a rule, the number of times a file is downloaded and all the parameters are easy to find and see). In other cases, it will be more difficult to calculate the amount of damage (especially when using P2P networks) - but in any case it is considered the damage caused to the author (or other copyright holder), and not the income received by “Robin Hood” ...
Source: https://habr.com/ru/post/30766/
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