My name is "Defendant Radzikowski"

Enerla

First Post
You'd think so, wouldn't you? But under the category of "Boy, posting here wasn't a great idea," I submit this site that I found simply by googling his user name and "Poland". When your site summary lists your user name, your real name, and your favorite files being bittorrent software, it's hard for me to feel much sympathy for your protestations of innocence. Heh.

I am not the defendant here, but I would show how your thinking is a bit unfair.

Lets see: When I buy an empty DVD, there is a hologram attached that say, I paid a licence fee to legally copy movies, music, etc. to it, since licencing music is done this way. When I needed a memory card for my camera, almost half of the price went to music industry, since I bought permission to copy music and movies. And this fee is attached to the storage devices we use for backups (at work) etc, since this way everyone in hungary is covered for copying for personal use.

The centralized licecing agency sends the money to publishers and foreign agencies so the authors can get their money.

Am I allowed to insist: that if I, or anyone else who pays these fees want to use the rights we paid for and use a bittorrent site to geta movie BUT people who don't pay for shouldn't take the work of others for free? (If I wouldn't consider these stuff as a waste of perfectly good disc space / bw)

And that the later is THEIR responsibility.

To make things complex, there is a reprography fee too, which is paid with all scanners, printers, supplies, etc. to give you permission to make personal copies of books (including ebooks) with any technology. Yes, even the printers that is never used for any books, and yes, for any not for profit copying by individuals.

Is it fair, if I say: I want to use this right, but expect that people who don't pay a cent (it should be sent to copyright owner) for such fees don't take books for free?

And to make things even more complex: if people need a demo group online and the books are shared so they can try to game they play that should be ok in my definition (imaking such copies is a good use of reprography fee), but it isn't good way to show support, help financing the future, so if you can spend money on RPG books you should even if you can have legal copies?

And that if I like a game I can walk to the store and buy it, since we don't pay a licence fee on anything that gives us an option to copy software (except for the backup copy).

I think if I would name a bittorrent client software, a bittorrent tracker software, etc. as my favorites these ideals wouldn't change.

Even if I would like 4e, would like it enough to run demo games, and this would get my copy in wrong hands (outside of people who pay a reprography fee) and many of them would be :):):):):):):)s and wouldn't want to buy books the ideals would be same. The laws would be same as well.

I think the laws are similar in most countries that had communism for some decades, since they are in essence old laws and there this "government appointed representative should licence all copyrighted works and sell their cut to copyright owner" approach was common. I heard some US based universities want something similar, since it is better for all.

But I think Poland is similar here. And if you look aafter Damador, he ran a lot of demo games, because he supports his hobby.

And when music industry started sueing people there, even major DC++ hubs were seen the court deciding, that is just personal copies made and shared, and covered by the fees you pay for (publishers said it wasn't copying but distributing, and this is why they thought it is illegal). Why would people from such countries be against filesharing? What should stop them from doing it?

BUT if you don't pay this fee and copy anything, then you are a criminal.

Visible watermarks aren't a "copy protection mechanism" if they have personally identifiable information, and you can delete it and you can request others to delete it. And if you give it to others they can try to protect you before uploading to anything public.

And often torrent, etc. sites have communities that can give you advice, lets you discuss stuff, even if you don't dl or ul anything. Why? Since if invites aren't that easy to get people don't want to lose their accounts (it isn't easy to make a new one) so it is easier to find intelligent conversation about a few topics on a few such sites.

What damador claimed? That in poland he pays a fee, and wotc and other publishers could claim their cut, that should allow him to make copies of books and share with friends and in polish communities, he did that, so he did nothing wrong.

The whole piracy issue is nasty, since in countries where you have to pay a lot of money for permission to copy music, books, videos, etc. people will do it, because if they pay for this privilegie (and it cannot be limited in contracts) they want to use it.

But once they put it up on a filesharing site for people who can copy it, people who don't pay for this permission will download it too, but they can't control this, and it would be hard to catch the people who "forgot to pay".

I hope, one day these differences will vanish, everyone will pay for a permission to copy, but people will still buy originals (like they do here) for collecting, supporting their favorites, because that helps to define their identity, because printed copies or services make it worth, etc. and both authors and end users will find it an excellent deal.
 

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pawsplay

Hero
Huh. I find it funny that the "innocent sharer" not just shares pdf's with friends, but also a screen name. A guy with the exact same screen name runs Chaos Wasteland, a bittorrent tracker that offers hundreds of pdfs from D&D, Shadowrun, and WoD, amongst others.

But that's just a coincidence, right?

Of course, Damodar is also the name of a bad guy in the D&D live action movie, which would make it a less amazing coincidence.
 

Damador

First Post
Huh. I ran across this site. It's a 2004 site profile listing his user name, his real name, and his favorite files being bittorrent software.

wow - it list any file that you downloaded earlier, sometimes you need to use torrent just like i did yesterday to get form Company of Heroes - Updates latest patch for COH ToV as they switch to BT distribution for patches. Do you use opera? - if yes you also have BT software onboard. I use linux at work and BT soft is a must have in that OS. P2P distribution isn't only for sharing copyright material.

Did it prove anything ?


pawsplay- Damodar =/= damador ... also googled some persons that first name is damador.
 

DracoSuave

First Post
II 6. - show my person for that iam citizen of Poland - that right
just below in points 7-9 i see 3 unknown ppl that got book that i purchased and post it over net - I and WOTC dont even know who did it.
Yes i bought the all titles from the DT and borrowed it (according to my country law) to club members just as the libraries do.

While I'm not an expert in Copyright Law in your country, there is a clause called 'Fair Use.' This gives the holder of Copyrighted material the ability and right to copy parts of the material for uses that are considered proper and right.

So, for example, copying character sheets is Fair Use. In fact, copying powers from the book to slip into cardstock for yourself and friends is Fair Use. There is nothing illegal about this. Lending your computer to a friend with the PDF on it is also fair use.

However, taking said PDF and distributing copies to those who do not own it is not generally fair use. You're not lending copies out, you're simply making copies. Mentioning the financial situation (I can't afford it) doesn't mitigate that. D&D books are not considered essential items, and are luxuries at best.

The original company doesn't need to prove that you're making a profit, that's a misconception. They merely need to determine if your actions had caused them damages. Had the distribution remained within your group, probably not; it's easy to prove that many groups get by with one copy of their books perchased, and that by that logic, you are not costing them a dime. No cost, no damages, no civil case.

However, one of those copies found its way onto a distribution site. It doesn't matter if you're the one who put them up there or not. You made copies that were not considered Fair Use, and in doing so, one of those copies were then copied many times over, and those are copies that translate directly into lost sales for them. They can prove damages in this case: lost money.
 

S'mon

Legend
I don't know why people seem to assume that a US judgment would not be enforceable in Poland. Would it be? - I don't know. I'm not a Polish lawyer. But I would NOT be surprised if it is enforceable, and I would NOT be surprised if WotC could use that judgment to make the OP bankrupt, seize his assets, take money directly out of his wages, get an order for the sale of any property that he owns, etc. Can they do any of those things? I don't know. It presumably depends on Polish law, and on US law as well.

It does not depend on US law. Poland is not a territory of the USA.

I teach law in the UK, including international commercial law.

First point: This is a civil case, not a criminal case. There is no possibility of extradition.

Second point: For a Polish court to enforce a US civil judgement, AFAIK the same damages would have to have been available in a Polish civil court. Since US copyright law is now vastly more punitive than that of other developed-world jurisdictions, this seems very unlikely. But the OP should consult a Polish legal expert on his position in Polish law.
 

S'mon

Legend
Somehow i think our laws differ much in certain social points. ;)

This is the point that US posters seem to be missing. Poland may be US-friendly but it's not a US-controlled state, it has the rule of law, and Polish courts are there to protect the people of Poland, not to enforce predatory US laws.
 

Damador

First Post
Huh. I find it funny that the "innocent sharer" not just shares pdf's with friends, but also a screen name. A guy with the exact same screen name runs Chaos Wasteland, a bittorrent tracker that offers hundreds of pdfs from D&D, Shadowrun, and WoD, amongst others.

But that's just a coincidence, right?

dont get me wrong but its not my site, do research before next shot

Enlightning.de - En Lightning is a german webhost service and BT tracker

Ogl±da profil this is polish community 1095 posts i run some play by post games etc ...

not every nickname damador over net is mine

i got tired about other ppl that easy accuse another

how could toy explain - one day there is a big "piracy" event - some claims that they lost alot of money because illegal actions etc. Just 2 days after there is announcement that "pirated" product has been "sold out". That ist direct effect of previous happen (its not enough time to affect the sale)

As i wrote b4 there is many small prvate communities that in fact earn money FOR hasbro (as the WOTC is part of it). They promote and advertise game for free - put own money and effort just to lure new players.
 

S'mon

Legend
So, in Poland, *if* his initial action was legal under a Polish private use exemption, then it was legal. The problem then comes with the additional distribution on the Internet. Not only is that very likely illegal under Polish law, it means the action *also* took place in the US jurisdiction, making it actionable in the US. This is a bit of an oversimplification, but it means that the person infringing is also liable in the US as well.

That's right - the Berne convention (which I did my PhD on!) requires national treatment of copyright works. This means that US-published works are protected in Poland under Polish law to the same extent Polish works are. It does not mean that US law applies to US works!! :hmm:
 


S'mon

Legend
sorry, but i think you get it wrong. I am no lawyer and may be mistaken, but as i understood the berne convention it simply tells that things under copyright in other countries get handled as if they had copyright in your own country. There is no way that a US court can sentence me to 3million dollars and that a german court would simply say "ok". Afaik it gets handled under the nations own laws.

That is correct.
 

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