Anti-Downloading Law Hits Japan, Up To 2 Years in Prison From Today

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A few hours ago Japan introduced new anti-piracy legislation designed to clamp down on illegal file-sharing. The regime is one of the most draconian in the world. In most countries users are only targeted when they upload copyright-infringing material to other Internet users, but the new law's wording means that simply downloading unauthorized material could result in a jail sentence.

Anti-Downloading Law Hits Japan, Up To 2 Years in Prison From Today | TorrentFreak
  • Profile picture of the author xInd
    That is insane. ISP level spying regime? Suspending all human rights just to try to stop people from being able to watch a movie or listen to a song if they aren't made of money? That would mean that if one tries to send a quick compromising clip to their significant other it will be watched illegally by corporate geek spies, just to try to make huge record companies more money... Most artists have even started to embrace file sharing because they know they succeed better the more fans they get, and the more their work is shared the more fans they get...
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  • Profile picture of the author sniperdomi
    man that's crazy. how can they still using internet. I mean those time every body download anything now. What is Unauthorized files? It can be anything they want.
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  • Profile picture of the author JoeUK
    Not good, funny how one government feels compelled to blindly follow another.
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    • Profile picture of the author Kay King
      If you want to end the piracy - it's a smart approach. People downloading this stuff are the reason it continues to proliferate. If there are no takers - the offers will decline.

      Those who download pirated materials know what they are doing - or they wouldn't be on those sites to begin with. In the end, people want laws to protect themselves .... but are against laws that protect others FROM them.
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  • Profile picture of the author travlinguy
    I guess I'm not surprised to see so many people who actually make excuses for and sympathize with thieves. Maybe everyone who thinks this is too heavy handed should all just pitch in and work hours and hours to produce something worthwhile and then just turn it over to people who aren't willing to pay for it.
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  • Profile picture of the author JamesColin
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    I still believe that copy is not theft despite the lies being repeated over and over again.
    There's a big difference with digital products, acting like if it is the same as physical products, as if nothing has changed during your lifetime is being ridiculously blind because not wanting to see.

    So, one question, how do you feel about refunds on digital products? You know that the product is not returned, don't you? Only maybe a copy, and mostly nobody even bother for asking a return of a copy. And you still have accepted it. There must be a reason.
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    • Profile picture of the author travlinguy
      Originally Posted by JamesColin View Post

      I still believe that copy is not theft despite the lies being repeated over and over again.
      There's a big difference with digital products, acting like if it is the same as physical products, as if nothing has changed during your lifetime is being ridiculously blind because not wanting to see.

      So, one question, how do you feel about refunds on digital products? You know that the product is not returned, don't you? Only maybe a copy, and mostly nobody even bother for asking a return of a copy. And you still have accepted it. There must be a reason.
      What lies would those be? And where the hell do refunds work into this? If I create something of value and put a price on it, I deserve to be paid. Anyone willfully taking it without paying is stealing.
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  • Profile picture of the author JamesColin
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    The lies is about copying being stealing. But you don't want to understand why, obviously and I'm not going to try, not my problem. But some things have changed with digital era and infinite copy. But that's ok, don't worry about it :-)
    Yes, "copy is theft", that's the lies I'm talking about and no matter how many times it is repeated, it won't become true. Just look in a dictionnary about theft and in good faith you won't be able to put copying a digital work inside the definition. There are other ways to describe copying a copyrighted work, but theft doesn't fit. So why not use the other words?

    Refunds on digital products is very relevant because there's nobody who will accept to refund a physical product without the product to be returned first, but with digital products (downloaded which is copying) nobody even bother to ask for the copy to be returned, because that makes no sense at all. Maybe you can start to see the difference between digital and physical products and why making a digital copy is not the same as stealing an object.
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    • Profile picture of the author travlinguy
      Originally Posted by JamesColin View Post

      The lies is about copying being stealing. But you don't want to understand why, obviously and I'm not going to try, not my problem. But some things have changed with digital era and infinite copy. But that's ok, don't worry about it :-)
      Yes, "copy is theft", that's the lies I'm talking about and no matter how many times it is repeated, it won't become true. Just look in a dictionnary about theft and in good faith you won't be able to put copying a digital work inside the definition. There are other ways to describe copying a copyrighted work, but theft doesn't fit. So why not use the other words?
      Similar gibberish argument I've heard since the beginning. Someone who supposedly stands on a principle and actually advances an idea like this should be able to make his case logically, no? I'd be willing to listen. I guess it's easier to spout out silly platitudes than actually use logic. But wait. There's no logical or reasonable way to justify stealing.
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    • Profile picture of the author HeySal
      Originally Posted by JamesColin View Post

      The lies is about copying being stealing. But you don't want to understand why, obviously and I'm not going to try, not my problem. But some things have changed with digital era and infinite copy. But that's ok, don't worry about it :-)
      Yes, "copy is theft", that's the lies I'm talking about and no matter how many times it is repeated, it won't become true. Just look in a dictionnary about theft and in good faith you won't be able to put copying a digital work inside the definition. There are other ways to describe copying a copyrighted work, but theft doesn't fit. So why not use the other words?

      Refunds on digital products is very relevant because there's nobody who will accept to refund a physical product without the product to be returned first, but with digital products (downloaded which is copying) nobody even bother to ask for the copy to be returned, because that makes no sense at all. Maybe you can start to see the difference between digital and physical products and why making a digital copy is not the same as stealing an object.
      Yeah really? I work my butt off to produce the literature I write. You "copy" it from me to use on your site and I WILL protect myself from your stealing in any way I can. You take people's products for your own and you are taking food off of their table. You think that's okay because it's online and not in a store? It's still someone else's work. If you have any integrity go make your own products. It's nobody else's fault if you don't know how or can't afford them. I don't write so that someone else can make a living (well - unless what I write is PLR). To excuse stealing because you are online and not in a store is complete stupidity.
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    • Profile picture of the author KimW
      Originally Posted by JamesColin View Post

      The lies is about copying being stealing. But you don't want to understand why, obviously and I'm not going to try, not my problem. But some things have changed with digital era and infinite copy. But that's ok, don't worry about it :-)
      Yes, "copy is theft", that's the lies I'm talking about and no matter how many times it is repeated, it won't become true. Just look in a dictionnary about theft and in good faith you won't be able to put copying a digital work inside the definition. There are other ways to describe copying a copyrighted work, but theft doesn't fit. So why not use the other words?

      Refunds on digital products is very relevant because there's nobody who will accept to refund a physical product without the product to be returned first, but with digital products (downloaded which is copying) nobody even bother to ask for the copy to be returned, because that makes no sense at all. Maybe you can start to see the difference between digital and physical products and why making a digital copy is not the same as stealing an object.
      You are out of your mind. Theft is theft and your illogical defense of it is just beyond pathetic.
      Obviously you are the one that doesn't understand a very basic concept.Taking something you don't have the right to take is theft.
      BOOM-There is it! :rolleyes:
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  • Profile picture of the author LarryC
    Stealing other people's material is wrong, but sending someone to prison for 2 years is too strict. You can be sure that such laws are not done to protect small time marketers, but giant corporations.

    You can argue this question endlessly -is using someone's work without permission a form of stealing? As I see it, the answer is "Yes, but..." It's not as bad as stealing a physical object. Why? Because if someone steals my car or my watch, I no longer have those items. If someone "steals" one of my articles (which has happened many times, probably more than I'm even aware), it's annoying and may deprive me of some profit. But I haven't lost something tangible, as with physical theft.

    Copyright is not a black and white issue. It's extremely complex, and you have everything from the conservative position that ownership of intellectual property should be absolute to the anarchist/hacker position that all information should be free. To be honest, I have a lot of sympathy for the latter position even though it hurts me more than it helps me (I'm a content creator, and I have virtually no skills as a hacker). The best solution is probably somewhere in the middle.

    When copyrights are too strictly enforced, it has the potential to stifle creativity. You can end up with corporations or wealthy individuals with slick lawyers owning virtually everything, even common phrases. For example, I heard of a case where a local person with the name McDonald was sued for using his own name on a business sign by the famous toxic waste...I mean fast food chain.

    I think when someone blatantly steals another's work that it's wrong and the victimized party is entitled to some restitution. But jail time is not going to help anyone, and it's just another example of governments working on behalf of big business.
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  • Profile picture of the author KimW
    Great Song.
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    • Profile picture of the author Kay King
      Maybe you can start to see the difference between digital and physical products and why making a digital copy is not the same as stealing an object.
      Yes, it is stealing - and your reasoning is an excuse and nothing more.

      If I spend my time writing thoughts using my mind/training and providing information based on what I know - it is MY copy that is produced. If you copy what I write - you are a thief. You don't have the mindset I had in writing the copy and you don't know what I know about the topic. You are simply stealing my words rather than producing your own copy.

      You don't have to believe people here - but one day in court for copy violation might change your mind.

      Yes, digital and physical products are different - but that doesn't mean there aren't rules that pertain to use of digital products. Being "different" doesn't mean 'free for the taking'.

      On the rare times when I ask for a refund - I also delete the product from my hard drive. If I'm going to use the product - I shouldn't be asking for a refund.
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  • Profile picture of the author JamesColin
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    Well, you're all attacking me as if I am doing illegal copy while I'm only saying that copying is not theft, that's it. Just expressing a fact. You disagree with that fact and then accuse me of engaging in whatever.
    That's why I'll let you all speak between yourself, that's better I think so you can all agree. :-)
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  • Profile picture of the author LarryC
    It's by no means universally accepted that copyright violation = theft. This doesn't make it right or ethical, but whether it's actually "theft" is another question.

    Why it’s wrong to call copyright infringement “theft” — Tech News and Analysis
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    • Profile picture of the author travlinguy
      Originally Posted by LarryC View Post

      It's by no means universally accepted that copyright violation = theft. This doesn't make it right or ethical, but whether it's actually "theft" is another question.

      Why it's wrong to call copyright infringement "theft" — Tech News and Analysis
      It doesn't matter what it's called. Just because some stupid law is soft on intellectual property theft and isn't willing to call it what it actually is doesn't mean it's okay.

      There was a time in history when it was legal for one human to own another. The laws relating to this despicable practice were all nice and tidy so the rats who exploited others this way were able to sleep at night. It was still wrong because it violated a law much higher than any human law ever could.

      The same principle applies here. The only difference is that the lowlifes who copy or steal other people's work can do it while hiding behind their nonsense rationales and in the privacy of their homes, out of the light of day. When someone willfully takes my property without my permission and without paying me they're stealing. In this case copy is just another word for steal.
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      • Profile picture of the author LarryC
        Originally Posted by travlinguy View Post

        It doesn't matter what it's called. Just because some stupid law is soft on intellectual property theft and isn't willing to call it what it actually is doesn't mean it's okay.

        There was a time in history when it was legal for one human to own another. The laws relating to this despicable practice were all nice and tidy so the rats who exploited others this way were able to sleep at night. It was still wrong because it violated a law much higher than any human law ever could.

        The same principle applies here. The only difference is that the lowlifes who copy or steal other people's work can do it while hiding behind their nonsense rationales and in the privacy of their homes, out of the light of day. When someone willfully takes my property without my permission and without paying me they're stealing. In this case copy is just another word for steal.
        I disagree that it doesn't matter what it's called. I never said it was "okay." But even if something is a violation or crime, it makes a difference what it's called because otherwise you end up with inappropriate punishments.

        My opinion is that it's a violation and that the victim deserves compensation, but that it shouldn't be a crime that can send people to jail. Beyond this, some types of copyright law needs to be overhauled completely. I'm not talking about simple cases of some blackh*t marketer stealing content, but things like big companies controlling entire ideas and even words. Even more ominously, some companies are trying to patent genes (I know patents and copyrights aren't exactly the same, but they are similar and bring up the same kind of issues).

        I hope you're not suggesting that downloading a song or eBook illegally is comparable to owning slaves. Many people respond to this issue emotionally, maybe after having been a victim of copyright theft. It's happened to me too, and I don't like it or condone it. But I still don't think it's the same thing as theft.
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        • Profile picture of the author travlinguy
          Originally Posted by LarryC View Post

          I disagree that it doesn't matter what it's called. I never said it was "okay." But even if something is a violation or crime, it makes a difference what it's called because otherwise you end up with inappropriate punishments.

          My opinion is that it's a violation and that the victim deserves compensation, but that it shouldn't be a crime that can send people to jail. Beyond this, some types of copyright law needs to be overhauled completely. I'm not talking about simple cases of some blackh*t marketer stealing content, but things like big companies controlling entire ideas and even words. Even more ominously, some companies are trying to patent genes (I know patents and copyrights aren't exactly the same, but they are similar and bring up the same kind of issues).

          I hope you're not suggesting that downloading a song or eBook illegally is comparable to owning slaves. Many people respond to this issue emotionally, maybe after having been a victim of copyright theft. It's happened to me too, and I don't like it or condone it. But I still don't think it's the same thing as theft.
          Stealing physical books might be punishable by incarceration but digital downloads no, huh?

          I'm not comparing slavery to downloading a book or song. You appear to be bright enough to already know that. I'm showing a parallel where an individual's life energy is taken against his or her will and without remuneration. Obviously there is a huge difference in the degree of life energy and the methods used though the concept is identical.

          The original topic here is illegal downloading, which is theft. You seem to want to take it in one or more different directions though they may be related. Still, unauthorized use of a copyright is theft no matter how you slice it.

          It's obvious that people vary in their feelings about this. Copyright laws were much more rigid in days gone by. They're loosening up now in the age of forced sharing. I won't go any further than that because it would begin to become political. I don't expect to change anyone's mind on this issue as there is a universal law that makes all things even in the end. And no one escapes it.
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  • Profile picture of the author sfa1969
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    • Originally Posted by sfa1969 View Post

      If God created everything, then why does anyone have the right to copyright anything?

      Are these not the same people who copyright protect things and take people to court, the same people who profess God?
      I don't know...that guy has some pretty stiff penalties - and I'm not paid up on my flood insurance...:rolleyes:
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    • Profile picture of the author KimW
      Originally Posted by JamesColin View Post

      Well, you're all attacking me as if I am doing illegal copy while I'm only saying that copying is not theft, that's it. Just expressing a fact. You disagree with that fact and then accuse me of engaging in whatever.
      That's why I'll let you all speak between yourself, that's better I think so you can all agree. :-)
      You apparently don't understand the meaning of fact either then. What you state is not "fact".
      Get a dictionary and look the meaning of "fact" up. And while you are at it, look up "stealing" and "theft" too. :rolleyes:

      Originally Posted by sfa1969 View Post

      If God created everything, then why does anyone have the right to copyright anything?

      Are these not the same people who copyright protect things and take people to court, the same people who profess God?
      This statement is beyond ridiculous. What logic do you use to make such a leap? :rolleyes:
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    • Profile picture of the author MissTerraK
      Originally Posted by sfa1969 View Post

      If God created everything, then why does anyone have the right to copyright anything?

      Are these not the same people who copyright protect things and take people to court, the same people who profess God?
      Seriously? :rolleyes:

      Okay, I'll play. You want to bring God into this? Let's do just that! How about the 6th commandment, Thou shalt not steal!

      Notice, it doesn't say thou shalt not steal unless you think you can get away with it or unless it's digital property or unless you live in such and such country or any other exception. Thou shalt not steal...period!

      Nuff said!

      Terra
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      • Profile picture of the author sfa1969
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        • Profile picture of the author MissTerraK
          Originally Posted by sfa1969 View Post

          You stole God's words? Thou Shalt Not Steal.

          Every word that every man has ever spoke came from someone else.

          The concept of thoughts being stolen is anathema. Don't put it online if you don't want someone to share it.

          It is everyone's greed which gets them into serving money.
          Stole God's words? Umm, how about quoted without claiming them to be my own. In other words, contributing credit to the original author.

          Who said anything about serving money?

          Did you know that being a good steward of money is also commended in that ancient text? That would include protecting against thievery and being honest in commerce.

          Terra
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        • Profile picture of the author HeySal
          Originally Posted by sfa1969 View Post

          You stole God's words? Thou Shalt Not Steal.

          Every word that every man has ever spoke came from someone else.

          The concept of thoughts being stolen is anathema. Don't put it online if you don't want someone to share it.

          It is everyone's greed which gets them into serving money.
          You think this kind of trolling is funny? You need to leave before you get booted for real. We don't need this kind of purposely obtuse crap in this forum.
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  • Profile picture of the author HeySal
    Travlinguy - that's where I am not seeing the sense in people's logic on this. I make a living writing. When people steal my work - they are taking my occupation away from me. Why would someone think that it might be wrong to steal a book I make and publish through, say, a Barns and Nobles store, but if I put it up digitally it's free for the taking? Copying is even worse. You are taking someone else's work to make money on it yourself - and that SHOULD be prosecuted. Maybe fines are good enough for stealing an ebook to read for your own use. Copying that work to make money for yourself, though, is just like kicking someone off their job. It can have a disastrous effect on the person you are stealing from. Maybe cheating someone out of next month's rent isn't a problem for some people - it is for me. You put someone in risk of being on the streets for your own greed and you deserve to be locked away from society because you are, at the very least, a menace - and in a worse case scenario you are actually a danger to anyone that works as a writer.

    I once had a very important research paper stolen from me. It kept me from getting a very important position and I've never forgotten it. It was a life changing theft.
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  • Profile picture of the author kenmichaels
    My first thought is 2 years.. wow that is steep.

    Then i think, jeaz, i get stuff cracked and stolen and handed out of mine
    ALL the time. How much more money would i have made, or saved even
    if that did not happen.

    All of a sudden 2 years doesn't seem so bad... possibly not stiff enough.

    What does seem bad is how they will have to go about enforcing it.
    they will have to monitor everything.

    and that scares me... and sets a dangerous precedence.
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    • Profile picture of the author travlinguy
      Originally Posted by HeySal View Post

      Travlinguy - that's where I am not seeing the sense in people's logic on this. I make a living writing. When people steal my work - they are taking my occupation away from me. Why would someone think that it might be wrong to steal a book I make and publish through, say, a Barns and Nobles store, but if I put it up digitally it's free for the taking? Copying is even worse. You are taking someone else's work to make money on it yourself - and that SHOULD be prosecuted. Maybe fines are good enough for stealing an ebook to read for your own use. Copying that work to make money for yourself, though, is just like kicking someone off their job. It can have a disastrous effect on the person you are stealing from. Maybe cheating someone out of next month's rent isn't a problem for some people - it is for me. You put someone in risk of being on the streets for your own greed and you deserve to be locked away from society because you are, at the very least, a menace - and in a worse case scenario you are actually a danger to anyone that works as a writer.

      I once had a very important research paper stolen from me. It kept me from getting a very important position and I've never forgotten it. It was a life changing theft.

      Back in 2000 I had an entire Website stolen by two different people. The contents of the site was in part, stuff I'd used to publish a physical book, one that was actually doing pretty well. Libraries were buying a lot of them. One guy was so brash that he was bragging that he'd used the content to impress an employer and land a really good job.

      This termite was dumb enough to have a guestbook on the site. Remember those? People from all over the world were slapping him on the back and congratulating him for such a comprehensive piece of work. I found the site and visited the guestbook exposing the guy for the fraud he was. He must have been out living the high life because the post stayed up for three days. I'd linked to my own site and the book, which was for sale on Amazon, proving my ownership claims.

      After a few more days I got an email from him where he cursed me out and said I was greedy for not letting him continue the fraud. By then I'd complained to his host and the whole thing was over. I got no great satisfaction from shutting him down. I'm greedy because I didn't let him carry on with his lies. Ugh.

      I don't search for my content any more because, without fail I'll find something that will piss me off.
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  • Profile picture of the author RyanEagle
    This is really unfair. He is not just the one who did that, i know a lot of people and they are in different countries.. i know this kind of law depends on teh area you are in but really?
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  • Profile picture of the author Dumbo1900
    Most of you who is arguing that sharing is theft does not get the whole point. The point here is not whether copying,sharing are considered theft or not. The point here is that the law is opening a wider room for abuses by authorities, and RIAJ. Just few months back Universal Music, was it? abuse the DMCA and force removal of comments made by fans on a website that they did not like. This has nothing to DO with piracy.

    The same thing with Japan, piracy for your information, HAS LONG been illegal since 2010. The issue is not really piracy BUT the abuse that may come with the law. The Japanese Federation of Bar Associations has even issued a statement to the BBC stating that piracy should have remained a civil, not criminal, matter for obvious reasons.

    This law, along with the same law in the philippines is more of an abuse towards human rights rather than to help reduce piracy. It even allow ISP spying of 'suspected' individual based merely on suspicion rather facts. How would you feel, if someone from your ISP watch and monitor your internet just because they think you are a criminal? or because they think your face looks like one.
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    • Profile picture of the author HeySal
      Originally Posted by Dumbo1900 View Post

      Most of you who is arguing that sharing is theft does not get the whole point. The point here is not whether copying,sharing are considered theft or not. The point here is that the law is opening a wider room for abuses by authorities, and RIAJ. Just few months back Universal Music, was it? abuse the DMCA and force removal of comments made by fans on a website that they did not like. This has nothing to DO with piracy.

      The same thing with Japan, piracy for your information, HAS LONG been illegal since 2010. The issue is not really piracy BUT the abuse that may come with the law. The Japanese Federation of Bar Associations has even issued a statement to the BBC stating that piracy should have remained a civil, not criminal, matter for obvious reasons.

      This law, along with the same law in the philippines is more of an abuse towards human rights rather than to help reduce piracy. It even allow ISP spying of 'suspected' individual based merely on suspicion rather facts. How would you feel, if someone from your ISP watch and monitor your internet just because they think you are a criminal? or because they think your face looks like one.
      Thank you for your rational explanation. You are right. I misunderstood the point - but it sounded like people were defending theft and plagiarism. If what is going on in Japan is the same as what just happened to the Philippinos, then I am very sorry for them - and I pray that it doesn't happen here, too.
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  • Profile picture of the author BigGameHunter
    This banter has been around for as long as man himself. It is very eloquently espoused in the speech Gary Cooper gave at the end the movie "The Fountain Head" a story written by Ayn Rand in the 1950's.

    Gary Cooper played the part of Howard Roark.The jist of the movie was does mankind have a right to another man's work.
    Watch the speech here:
    This argument will not be solved here because the dichotomy, left and right will never end. We are faced with a man made dichotomy at every turn; democrats verses republicans or the multitude of religions facing off and even things as simple as man verses women or democracy verse communism.

    My grandfather told me a long time ago: Cheatin's Cheatin no matter how you justify it. If you steal another mans work... no matter how you do it... Copy it, take his property under the guise of law, or at the end of a gun... its not yours and if you take it your stealing.

    There is a doctrine in law that says you can't do something and say you didn't know it was wrong. It's called "Willful Blindness". If you take something that doesn't belong to you... there are punishments whether you agree or not or whether you knew it was wrong.

    I am of Japanese decent. There lucky the law only permits getting 2 years in jail and not loosing a limb on the end of a sword.
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