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Marvel & DC team up against BitTorrent site

November 24th, 2007
Author JK Parkin

Last week Marvel’s Dan Buckley told Comic Book Resources that Marvel would be “reviewing and evaluating ‘illegal’ downloading activities on a case by case basis.” The next day, the site TorrentFreak reported that Marvel and DC sent letters to the BitTorrent site Z-Cult FM, giving the site a deadline for taking down their comics:

Popular comic book tracker Z-Cult FM was threatened by Marvel and DC Comics, as site admin ‘Serj’ explained: “We got legal letters from both Marvel and DC Comics who have been working together to send us these legal threats. We are currently dealing with the legal issues and they have given us 3 days before they are forced to take anymore action.”

The torrents came down temporarily as the operators of Z-Cult FM decided what they should do … and on Friday, they made a decision:

After much debate and thinking we have decided to take the following actions and we hope you will support what we have decided to do.

Z-Cult FM Comic Community will re-open all of its Trackers and locked down sections back to how they were earlier in the week before any legal action. We are carrying out this action for the following reasons:
* I am (We are) based outside of the US and are not therefore subject to US legislation that was present on the legal documents sent to us.

* Here at Z-Cult FM we have always had a clearly explained and signposted policy of making it clear to all comic publishers and copyright holders that we will on request (and reasonable proof of ownership) remove their material from our trackers if they requested us to. Please see: http://zcultfm.com/dmca.php

Marvel Comic and DC Comics, who confirmed they have seen our site but refused to follow our policy. All other publishers in the past who have followed this policy have been respected and the agreed actions taken.

* Marvel Comics and DC Comics gave us 3 day to comply with their demands and then decided to go on their Thanksgiving holiday. So 2 of these 3 days we have been unable to contact Marvel by telephone to discuss this matter with them. We would like to thank DC Comics who were available by telephone and were friendly enough to talk about the situation and confirm the documents were indeed from DC Comics.

* The pressure from our members– their readers– demands that we do so.

Chances are this won’t be the last we hear from Marvel Comics and DC Comics but once they have read our email we sent them with out response they will hopefully carefully think about their next set of actions.

We would like to thank all our users and the number of outside sites on the Internet for their support. Without members like yourself there would be no point owning such a site.

Even more interesting, though, is a recent message from SLG to Z-Cult:

SLG publishing would like to thank the moderators and forumers of Z-Cult for the respect they have shown in regards to our ban request. Obviously, our preference is to have each comic legally paid for, and the efforts undertaken to honor this desire have clearly shown that Z-Cult is not a forum overrun by those expecting a free ride. In return, we have decided to lift the ban from our independently published titles being distributed on Z-Cult. Of course, this is not an entirely selfless act – we hope that exposure to our large library of titles will help encourage support of our legal download site, www.eyemelt.com. It is our belief that there is a market for legally downloadable comic books, and
we hope that we can prove this to the comics industry by showing success through our our digital distribution system.

Hat tip.

EDIT: As Johanna from Comics Worth Reading points out, it turns out the SLG letter on the site is a hoax. (thanks, Johanna!)

EDIT 2: Check out the comments below for more back story from Z-Cult on the SLG message.

EDIT 3: Turns out the SLG message on the site is not a hoax.

61 Responses to “Marvel & DC team up against BitTorrent site”
  1. affenkopf Says:

    Even if Marvel & DC manage to shut Z-CultFM down there are enough other torrent sites to get comics. For example I don’t think Marvel & DC will be able to shutdown the Piratebay when companies like Microsoft & Warnerbrothers (yes i know DC is part of WB) have unsuccessfully tried it for years.

    Hail BITTORRENT! Immortal BITTORRENT! Cut off one limb and two more shall take its place!

  2. Jason "CodeGuy" Bryant Says:

    “Here at Z-Cult FM we have always had a clearly explained and signposted policy of making it clear to all comic publishers and copyright holders that we will on request (and reasonable proof of ownership) remove their material from our trackers if they requested us to. Please see: http://zcultfm.com/dmca.php

    So they know that Marvel and DC own their properties, and they know that Marvel and DC want them to stop, but they’re not going to because they don’t like the way the companies said it? Sounds like they’re just looking for excuses to refuse and still claim to be the good guy.

    And three days means three business days. Come on.

  3. Fanboy Menace Says:

    Y’know, there’s different ways you can approach this outside of treating potential new readers as the enemy. There are great ways one could use this as promotion for new books. And I’ve read a number of posts online where people have stated if it weren’t for digital downloads they wouldn’t read comics at all (or have started reading comics in the first place).

    Find a way to present this audience with a feasible alternative (and no, MDCU’s DRM-wannabe model is NOT that alternative) and I bet you could not only see this audience happily pay for what they are getting (see for example, Radiohead’s new album download where people could name their price) and see an actual Renaissance in the comic market. With the dying Direct Market system I would think the big publishers would be more interested in scooping this audience in, instead of getting them obsessively controlled content options (MDCU) with legal threats rolling out directly behind it.

  4. Prem Says:

    I commend SLG’s attitudes about the whole thing.
    Threatening legal action and spending money on attempting to end illegal downloading fails to do anything to capture the market of people who read those illegally downloaded comic books.
    Basic economics is a whisper in the wind to Marvel and DC (and most other publishers), who don’t get that many people download comic books and buy them. There’s absolutely no evidence that the download of illegal comic books has done anything to hurt the industry as a whole.
    I think there’s a lot of evidence that it hurts individual titles, but that just means the publishers are doing something wrong with the way they sell those titles.

    When I’m spending thousands of dollars a year (I’m 20 and don’t make all that much money to begin with) on comic books and also download them illegally, the ONLY thing that happens when I lose my access to downloads is that I can no longer read as many comic books as I’d like, which could in turn decrease the number of comic books I buy. Marvel and DC lose no money due to my illegal downloading (mind you the me in this paragraph is a hypothetical construct to illustrate a point), in fact the more I get exposed to good comics the more trade paperbacks I buy, and I’ll even shell out for a floppy here and there for some very good titles like “All Star Superman” and “Nextwave: Agents of Hate”.

  5. Dave Sythe Says:

    Yes three days means three business days. However a Wednesday, Thursday, Friday are all Business days. The rest of the world doesn’t run to an American holiday calendar.

    Also DC managed to answer the phone so Marvel could have done the same.

  6. Johanna Says:

    Jason, the DMCA protects sites that are only search engines or allow public participation if the material is hosted elsewhere. There are specific rules for DMCA takedown notices. And while I’m no expert, the Z-Cult rules are in line with what I recall reading of those rules — copyright owners must avow that they are the legal owners and provide specific instructions on what allegedly violates those copyrights. You can’t just issue sweeping threats.

  7. Johanna Says:

    Update: the SLG message is a hoax. More here.

  8. kancer Says:

    Torrents are a sharing tool and a helpful filter, nothing more.
    Stuff worth it will be bought.

  9. Peter Says:

    This is just anecdotal, but:

    I buy more comics because I download comics. I’m a better consumer of comics because I’ve read em online first.

    The following writers would appreciate that I downloaded their books, because now I buy them:
    Kirkman, Spiegelman, Morrison, Giffen, PAD.

    Not Byrne though. Never Byrne.

  10. Jason "CodeGuy" Bryant Says:

    “Yes three days means three business days. However a Wednesday, Thursday, Friday are all Business days. The rest of the world doesn’t run to an American holiday calendar.”

    No, those are not business days. Whether the rest of the world operates on those days is irrelevant. DC and Marvel were shut down on those days, so those days don’t count. These guys are complaining about not being able to reach DC and Marvel on days that DC and Marvel didn’t expect to be reached.

  11. Prem Says:

    Jason, the burden would be on DC and Marvel to explain that they were going on a holiday. It’s irresponsible and unprofessional to assume that a party from a foreign country would be privy to your working schedule.

  12. Preston Do Says:

    For everyone who claims that getting online comics has encouraged them to actually buy the comics: good for you, but I’m absolutely sure that for everyone of you who does that there are people who just download the comics for free and stop there. Of course there’s no way to prove that, and I doubt anyone who does do that will willingly comment that they do so as opposed to everyone who downloads AND buys. Just saying, there could still be a silent majority out there who rips off comics but don’t buy them, which is what I’m sure Marvel and DC are afraid of.

  13. kancer Says:

    “Just saying, there could still be a silent majority out there who rips off comics but don’t buy them, which is what I’m sure Marvel and DC are afraid of.”

    You make a good point. But like someone said theres no proof that this people represent a danger to the money earned for the dc and marvel (they always are saying how good things are for them financily in contrast to 5-10 years ago) , besides i dont think any publisher, record labels or anyone for that matter has a right to decide wheter people can share their files or take something someone is sharing online.
    I know its a risky statement but there it is. Its all about freedom (with responsability, i know)I mean, Hell! thats why i was on Captain America side during the civil war(until he surrender, thing that i undestood but i still felt betrayed)
    Sorry for my english. Not from the states

  14. from Z-Cult FM Says:

    “In response to: http://comicsworthreading.com/2007/11/24/breaking-news-z-cult-slg-message-a-hoax/

    UPDATED 25th Nov 2007 – 02:21)

    In our first news post on this subject we posted the following statement from SLG Publishing:

    Quote:
    “To the members of Z-Cult:

    SLG publishing would like to thank the moderators and forumers of Z-Cult for the respect they have shown in regards to our ban request. Obviously, our preference is to have each comic legally paid for, and the efforts undertaken to honor this desire have clearly shown that Z-Cult is not a forum overrun by those expecting a free ride. In return, we have decided to lift the ban from our independently published titles being distributed on Z-Cult. Of course, this is not an entirely selfless act – we hope that exposure to our large library of titles will help encourage support of our legal download site, http://www.eyemelt.com. It is our belief that there is a market for legally downloadable comic books, and
    we hope that we can prove this to the comics industry by showing success through our our digital distribution system.

    Unfortunately we cannot lift the ban on any SLG/Disney titles, for reasons that should be obvious. These titles are limited to: The Haunted Mansion, Tron, Gargoyles and Wonderland. Our apologies for being unable to allow sharing on these particular titles.

    For those of you who took the time and effort to report and remove our material, and particularly to those who undertook the process of re-uploading your torrents over and over without complaint, thank you.

    SLG Publishing”
    END QUOTE

    We have just been in contact with Dan (Owner of SLG Publishing) who has said this statement DID NOT come from him and DID NOT come from this company.

    I have been in contact with Dan and SLG Publishing over this issue and the following is the reason behind this mix up.

    Many months ago someone on behalf of SLG Publishing contacted me requesting we removed SLG books from our website. As standard procedure we asked the e-mailer to verify who they said they were and their position in the company. The user provided proof they were speaking on behalf on SLG Publishing and so we removed the books. Dan has stated in his recent email to us that the user WAS requesting the removal of their books on behalf of himself. So my background research was 100% correct.

    When this same user emailed me the other day from same account with this statement from SLG Publisher it was taken to be 100% official and the user stated it was from the company as a whole. This was taken as official by myself due to our earlier contact with this user and email account. So much to my surprise tonight I was informed the owners did not issue this statement so we removed this post until we could verify it.

    I contacted Dan directly and informed him of everything I had gotten from the person claiming to be SLG publishing and this is the email issued in response by Dan from SLG Publishing.

    Quote:
    “Hello Serj,

    [I HAVE REMOVED NAME] is a freelance writer. He did, with my knowledge, contact you in regards to having you take down SLG content from your site when we started EYEMELT.COM.

    However he is not in a position to make policies, especially in regard to something like this. We never asked him to make a statement about removing the ban. This being an American holiday I was unaware of any problems with your site and Marvel/DC since I was out of my office and not checking my email. I was not even aware of any statement on our behalf until I was contacted by a comics news site for additional comment.

    [SERJ REMOVED NAME] obviously wrote the statement himself. I’m not certain why he felt he had the right to make a statement on our company’s behalf without contacting me. I’m sorry if you came out looking bad on this as I do believe you were acting under the impression that [REMOVED NAME] was sending you something on our behalf. Again, why he thought he could issue a statement on my company’s behalf without contacting me is beyond explanation. [REMOVED NAME] is very devoted to the notion of digital comics and he must have felt he was acting in everyones best interests.

    I’ll be issuing an amended statement on our blog and news site and I will be sure to mention that you posted the SLG statement under the honest assumption it was from us. As for the lifting of the ban, just so you can come away from this with something, you can go ahead and make our stuff available for download. I am not certain what our digital plans are going to be in the coming year, so I may come back and ask you to drop them again.

    Dan Vado”
    END QUOTE

    So there we go. I followed up this email asking if they wanted banners as stated in the “official” statement that turned out to be false and Dan said:

    Quote:
    “As for the banners, go ahead and leave them up for now. Lets see if there is any jump in sales long term because of this.”
    END QUOTE

    Sooo SLG comics still good to go and banners remain..

    I am sorry for any confusion this might have caused but seems a little mix up and confusion has taken place on both sides.”

  15. Ryan H Says:

    Well, looks to me like a certain anonymous freelancer is going to have trouble paying the bills for a while…

  16. Jason Says:

    This is probably not the place to post this – but do the creators who worked on the Marvel comics that they are selling on their website getting paid royalties?

    If there was a small kickback to the writers, artists and other creators who signed work-for-hire contracts with Marvel for every subscription, I would be there.

    Is there anything like this in place?

    It would be great to see how downloaded comics affects sales, because ICV2 just reported the best comic sales month in years recently, so it would seem that either people are downloading and enjoying and the BUYING the books or that people who download and those that go into the stores are completely different and there isnt really any loss of revenue.

  17. zagor Says:

    The more I download the more comics I buy…
    I’m from Europe and there’s no way that I’m going to buy single issues, one by one.
    When comics that I want to read come out I download them first (not from torrent but there’s other means). Afterwards I buy them on amazon. Every comic ever published can be downloaded from the net and that’s how you come in contact with comics I never heard of (hi invincible, hi TWD :- ). Now I’m a huge fan of both and without downloading I would have never bought them. All 3 HC issues of both are on my shelves and all single issues are on my hard drive. Long live comics on the net!

  18. Old Timey Usenet Hack Says:

    I have said often, here and elsewhere, that thanks to the Net, I can read everything published every week without paying for it. I have no interest in buying something when I don’t have to, and think it would be unethical for me to do so: my money is better served feeding my family. Given the option of spending $5 on a comic book or downloading it and putting $5 into my kids’ college fund, there’s no choice at all. If the publishers offered their product as pay-for-download, I still wouldn’t be interested in buying them. Why would I?

    (I read them on a 37″ widescreen. It’s actually easier on the eyes than reading them in my hands. There is no point whatsoever in me buying the trade just because I like the book.)

    As for ZCult — I have no need for them or any torrent site. There are all sorts of great sites which aggregate links to RapidShare (and similar) filedrops. Much, much faster.

  19. JK Parkin Says:

    Hi Jason:

    Dan Buckley addressed your question in his recent CBR interview:

    “Digital comics will become a part of our incentives package in the near future. We are at present discussing the calculations and implementation of this package. It may take several months to implement. However, the first thing we need to do is make sure that the offering is profitable.”

  20. Mark Engblom Says:

    “Y’know, there’s different ways you can approach this outside of treating potential new readers as the enemy”

    I see nothing wrong with treating thieves like the thieves they are.

    That’s as silly as thinking of car thieves as potential new car buyers.

  21. Old Timey Usenet Hack Says:

    “I see nothing wrong with treating thieves like the thieves they are.”

    Same here. Of course, copyright infringement isn’t theft, anymore than jaywalking is murder.

  22. Ian Says:

    The burden of proof does NOT fall on the companies and Marvel and DC were being polite when they sent a cease and desist. There is no negotiation neccesary. The torrentors are allowing for the dirstribution of something that they do not own, that is illegal.

    I hope they, and all of the other sites/groups like this go down and go down hard. It isn’t fair and it isn’t legal.

  23. Alan Coil Says:

    If you are taking something for free that is normally paid for, you are a thief.

    Copyright infringement is a separate issue.

    Quit dodging the fact that BitTorrent downloaders are nothing more than common thieves.

  24. Old Timey Usenet Hack Says:

    “Quit dodging the fact that BitTorrent downloaders are nothing more than common thieves.”

    Quit conflating two completely separate issues of law.

  25. Dave Says:

    Well it’s 10 years later, but essentially Napster all over again. It’s not just comic books; it’s torrent technology in general that’s under attack. For the last few weeks I’ve been writing about this.

    Major producers/suppliers of media are involved, involuntarily, in a game of whack-a-mole. They thought they finally had a handle on all this “downloading” when they managed to either shut down, incorporate, or scare people away from all the original P2P systems like Napster, Gnutella, eDonkey or Bearshare. But they KNEW that people were still downloading stuff somehow, and now they’ve got a-hold of a word, “torrents.” And they don’t understand HOW it works, but they know there are websites they can threaten (hence Marvel telling Zcult to hand over files, and Zcult having to explain they don’t HAVE any files).

    So it’s evolution. But it’s in reverse. Normally producers/suppliers provide something to the public AND control the means of distribution. But now they’re in a weird position of not having 100 percent control over distribution-and lets be realistic; the number of people who CAN deal with torrents and the number of people WILLING to deal with it is still pretty small. But those producers/suppliers are trying to curtail the growth of the number of people willing to do that. Because if the number gets too large somebody will invent something like TIVO that makes it easy enough for grandparents to do and then they’ll be freaking out-like people who make TV commercials are now.

  26. AndyDecker Says:

    If you steal a comic or a dvd in the shop or if you download it on the net somewhere – it is the same.

  27. Fanboy Menace Says:

    Where there is a demand, people will create a market. Comic publishers can meet that demand or just continue fist-wagging and shouting “not fair” and “thief” at those who are already doing it themselves. Trying to create another system where you completely control the distribution of your content doesn’t really ever work on the Internet. That would be how business used to work when the audience had no power. The way it works now is different and the audience has MUCH more control on what they get and how they use it. Apple is trying to control exactly how people use the iPhone but the funny thing is that they keep getting around it by hacking it. And they will continue to piss in the wind until somebody comes along that better understands how to cater to today’s market , meet their demand, and eventually take Apple’s business away from them.

    Throw blame where you will. Try to recreate the market to best suit your company (like say the comic industry did with the direct market, and we know how well that worked) but the real market is already there and waiting for the right person to make it work.

  28. justme Says:

    “If you steal a comic or a dvd in the shop or if you download it on the net somewhere -it is the same.”

    Wrong. One is theft, the other is a violation of copyright law. Different laws with different penalities and ways to enforce the law.
    In fact, US copyright law violations are not actionable in many areas outside of the US.

  29. Nick Says:

    18 – wow, so it would be unethical *not* to commit a criminal act? You think your $5 could be better spent on a college fund well, fair enough, but the necessary consequence of that is that you’ve chosen not to purchase your comic books, *not* that you’ve chosen to illegally take them without paying. That was something else that you chose to do, not something that was forced on you, as you imply.

    The copyright infringement is to theft as jaywalking is to murder would have a little more weight if jaywalking involved any form of homicide, by the way. Perhaps copyright infringement is more like manslaughter.

  30. Prem Says:

    I think the biggest issue people are having over torrents and copyright infringement and illegal downloads involves a discrepancy in what is theft and what isn’t.
    Copyrights may be a means by which governments and law enforcement agencies grant monopolies on ideas and methods, but whether that translates into IP sharing = theft is another issue.
    When you go into a comic book show or a bookstore and literally just take a book off the shelf and walk out without paying that is certainly theft because they’re physically removing property that doesn’t belong to you.
    When you download a song, a movie, a comic book you are certainly not paying for those things, but you are also not taking anything away from them. Information has no quantity associated with it’s existence. A scan of a comic book can be distributed a thousand times without ever diminishing the physical qualities of the original file or even the original comic book supposing it existed in physical form in the first place.
    Anyone who claims that downloading media illegally is theft doesn’t understand the definition of theft, and the what it means to own something in the first place.
    Downloading marvel comics on Zcult is certainly illegal, no one’s denying that (at least not ant Americans), but it’s not theft. If I download Marvel comics or DC comics I am taking nothing away from anyone. And that is theft. The only thing that can stolen from you is something that has a form which can be taken. Ideas, Intellectual Media, these things exist in a form that can reproduced and transferred and can never be stolen.
    If i deleted a file on your computer after having copied it that’s still not theft because the copying of the file and deleting it on your computer are TWO SEPARATE actions.
    You simple-minded farts need to start thinking in a modern paradigm if you ever expect to battle potential revenue available on the internet.
    The developers of p2p technology are just as privy to technological change and legalese as the assholes who want to wave their expensive lawyers around and threaten everyone with lawsuits over p2p activities.
    p2p cannot be stopped at this point and it will simply continue to grow as more lay-men learn to use the internet a little bit better than just typing in URLs into browsers.

  31. KB Says:

    As I understood it, DC & Marvel’s “cease and desist” order was intended to force them into shutting down their entire site, of which the torrents are only a part. There are also many message boards on the site, which they were loath to shut down since they’re used by hundreds of members. (IMO, they shouldn’t have to.)

    In any case, Marvel has now followed ZCult’s procedures and requested that all Marvel comics be removed from the site. ZCult’s owner agreed to remove all Marvel comics from their torrents within seven days and Marvel is apparently satisfied with this. My guess is that DC will follow suit very soon. As for smaller companies, some will undoubtedly follow the example of the big guns, while others follow SLG’s example and actually use the site to promote their work.

    Ultimately, the comic book publishers and the scanners might work out some sort of truce and perhaps even benefit from each other. Only time will tell.

  32. AndyDecker Says:

    “When you download a song, a movie, a comic book you are certainly not paying for those things, but you are also not taking anything away from them.”

    Hm, no money for the publishers or the creators for their work, no roalties, no nothing. Yeah, right. Nobody loses. Except the businesses which put the product in the market in the first place.

  33. Prem Says:

    Theft is different from “losing” or “not winning”, and those things in and of themselves are also different from what’s happening in the comic book industry.
    Any background in economics and a rudimentary understanding of logic would help explain this.
    For a company to LOSE revenue there must be an actual decrease in said revenue. But the comic book industry as a whole hasn’t really experienced this yet. Their revenue increases! So perhaps instead of being semantic jerk wads we should be clear and objective with our language, trying to discuss the topic with honesty instead of huge amounts of bias. That seems to be the biggest problem, most people on either side of the debate just want to turn the other side into robber barons without ever bothering to analyze what’s really going on.
    So there seem to be two problems I see. The first is that there is illegal downloading going on. That means a law is being broken. No too hard, right? The other problem is that many, some, or most of the people participating in the illegal downloading of comics are not buying those very comics from the industry, hence they are not participating in feeding the industry it’s daily bread. TWO problems, not one big, messy, annoying, emotional problem. One is the illegal download of copyrighted material, and the other is no revenue being acquired through the illegal consumption.
    The reason they’re two problems is that fixing the first doesn’t necessarily fix the second. If what illegal downloaders have been saying is true then eliminating illegal downloads won’t really help the industry at all because many people, just like me, already spend thousands of dollars a year on comic books and comic book related purchases/donations/investments, so to suddenly lose access to a treasure trove of copyrighted, digital material at no cost does not mean by necessity that those people will then spend more money on their comic books.
    The situation is pretty black and white, but no one who supports copyrights and the comic book industry seems to want to view it in any other light than “downloading comic books is theft.”
    Seriously, how do you expect this situation to get resolved when you’re calling the other side a bunch of evil criminals? That ostracized a group of very tech savvy human beings who can hold grudges and who are, in fact, working on new ways to curtail the encroachment of Johnny Law in their efforts to distribute and maintain their collections of digitized comic books.
    I’m not trying to defend the practice of downloding comic books because it is illegal and most people around here are obviously too simple minded to understand the notion that ideas aren’t property. Copyrights and patents are disgusting form of thought slavery that we just accept because big brother tells us to, and so I may as well not attempt to persuade you in that sense. BUT, if you’re going to try to fight this fight at least bother being mature about it and using a language and attitude demonstrating at least an elementary understanding of the actual issues at hand.

  34. Old-Timey Usenet Hack Says:

    “The copyright infringement is to theft as jaywalking is to murder would have a little more weight if jaywalking involved any form of homicide, by the way.”

    The reason why the comparison has weight is because there is no relation between copyright infringement and theft. None. Zero. Calling a comic pirate a ‘thief’ has no basis in fact.

    Seriously, kids. Every time you conflate the two, you show that you’re arguing from an emotional (and not a rational) point of view, that you’re ignorant (because of your lack of knowledge) and that you’re stupid (because you refuse to be educated).

    The only way this discussion could get more useless is if khuxford walked in.

    Here’s a brainbuster for you: uploading and downloading copyrighted MP3s is illegal in the US. But downloading copyrighted MP3s is protected by law in Canada according to the most recent Copyright Board rulings. Bob lives in Vancouver, BC and downloads a hundred albums a day. Joe lives in Seattle and downloads about one song a month.

    Which one is a thief? Who is behaving unethically?

    Now apply the same logic to comics. Scanning for personal use may be legal in the US. Uploading and downloading isn’t. But it’s probably legal in Indonesia. Or Kazakhstan. It may even be legal in Canada because of the CanCopy system which sets a tariff on photocopying, CD-ROMS, and so forth.

    So Joe, in Seattle, downloads a couple of comics a week, and like most downloaders, buys more comics, on average, than non-downloaders. Tang, in Jakarta, downloads every new release, probably legally. Which one is a thief? Which one is behaving unethically?

  35. L. Says:

    Old-Timey Usenet Hack: “So Joe, in Seattle, downloads a couple of comics a week, and like most downloaders, buys more comics, on average, than non-downloaders.”

    Hey, if people download and then make a purchase, no problem. However, not everyone follows Seattle Joe’s example, as evidenced by the following comment:

    Old-Timey Usenet Hack: “I have no interest in buying something when I don’t have to, and think it would be unethical for me to do so: my money is better served feeding my family. Given the option of spending $5 on a comic book or downloading it and putting $5 into my kids’ college fund, there’s no choice at all.”

    Hey guess what? There IS a choice! A really really simple one too. Can you guess what it is? I bet you can, what with you professing to be so smart.

    You can’t afford to buy it, don’t download it. You don’t need it.

    “Calling a comic pirate a ‘thief’ has no basis in fact.”

    Sure. Calling a downloader of comics a thief is extreme. But calling someone who downloads with NO intention of paying the asked price a thief, is a wholly accurate statement. You want to have your cake and eat it too. What entitles you to free comic books? The fact that you CAN get them for free? Is that really the strongest argument you can muster?

    You chose to have kids that need college money. That was your choice. You can’t afford both your comic book hobby and your children, why should you be allowed to have both without paying for both? Grow up and deal with the ramifications of parenthood. And stop hiding behind stupid transparent hypocritical assertions of morality. By your own admission, you are clearly a thief.

  36. Old Timey Usenet Hack Says:

    Thanks for not addressing even a single one of my points and resorting to ad hominem attacks, proving once again that the anti-sharing side has no arguments.

  37. L. Says:

    Prem: “But the comic book industry as a whole hasn’t really experienced this yet. Their revenue increases!”

    What little increase the comics industry is currently experiencing really only applies to the top tier of publishers. For the most part, the smaller companies are continuing to slip in sales. Furthermore, the costs of producing comics has increased along with (and beyond) the sales increases. That would be part of that whole economics thing you’re talking about.

    Prem: “most people around here are obviously too simple minded to understand the notion that ideas aren’t property.”

    True. But the individual execution of ideas ARE property. That’s the way the law works. If you don’t like a law, you don’t break it. You try to change it.

    Prem: “no one who supports copyrights and the comic book industry seems to want to view it in any other light than “downloading comic books is theft.”

    No one? Really? That’s kind of an odd statement, given the recent news reported in this very article where a publisher accepted free downloads from Z-Cult as a form of advertising.

  38. L. Says:

    Old Timey Usenet Hack: “Thanks for not addressing even a single one of my points and resorting to ad hominem attacks, proving once again that the anti-sharing side has no arguments.”

    Not “anti-sharing: at all (I’m simply anti-theft). I think file sharing is the future. And I look forward to publishers embracing it rather than retreating from it. I made that quite clear in my earlier post. But I suspect that reading is a bit of a stretch for you, given your hysterically hypocritical and emotional response.

    Let’s see, in sweeping terms, you refer to those that disagree with you as “emotional”, “ignorant” and “stupid”. But when you are treated in kind you retreat to the sanctuary of “ad hominem”. You’re a troll. One who has successfully presented their position in hypocritical terms. You can’t actually defend against the valid points I make so you hide. I suspect you’re just here to pick fights anyway, so it really doesn’t matter. You’re probably well aware of the flaws in your reasoning.

    But go ahead and continue your game of make believe. It’s quite charming.

  39. L. Says:

    Prem: “Anyone who claims that downloading media illegally is theft doesn’t understand the definition of theft, and the what it means to own something in the first place.”

    Acquiring something for free when it would normally require payment is stealing. Artists are guaranteed, by the U.S. Constitution, that their endeavors will be protected as property. This protection is not limited to tangible media but instead extends to ALL reproductions.

  40. zhinxy Says:

    I read comic trades for free. All the time. You can find them at this place called “The Library”

    I even get to take them home. For WEEKS AT A TIME.

    It’s a shocking state of affairs, really…

  41. Prem Says:

    Why does it cost more to create comic books these days? With things like the internet and how seamless communication and transfer of information is I don’t understand why it’s suddenly more expensive. And that’d certainly be an interesting study, to determine whether the industry is being as efficient as it should be or if it’s holding on to old paradigms or modern notions of a necessity to grow past ones means. Or perhaps the entertainment industry as a whole is going to have to discover new means of making revenue while entertaining. Without making any strong judgment on the situation, it’s just true that industries have a tendency to entrench out-dated modes of function because they’ve invested capitol into a business as usual. Embracing and attempting to function in a system where information can’t be controlled is risky and mostly uncharted. But that’s my small rant on the economics of the comic book industry.
    -
    L:”But the individual execution of ideas ARE property. That’s the way the law works. If you don’t like a law, you don’t break it. You try to change it.”

    Individual executions of ideas are protected as property, but calling a banana an apple doesn’t make it an apple. Actions aren’t property, moment of time aren’t property, so hence an individual execution of an idea isn’t property, only the actual thing created from the execution. However, yes, the instance itself is protect as property by the government, but that doesn’t mean it’s logical.
    Concerning laws and why we shouldn’t break it, I’ll only point you to the parts of your US history reference books that discuss civil disobedience, the revolutionary war, the Boston tea party, the civil rights movements. I’m not necessarily saying that the ethics of copyrighting and patenting is as serious an issue as despotism or racism, but I personally think it’s very important because copyrights and patents are essentially idea control. The notion that all good ideas deserve a good profit are another outdated mindset of industrialist capitalism, but the industrial revolution is over, and information is the first thing to break the fundamental fuel of capitalist economy and modern economics as a whole: scarcity. And that’s my rant on economics.
    -
    L:”That’s kind of an odd statement, given the recent news reported in this very article where a publisher accepted free downloads from Z-Cult as a form of advertising.”
    Technically, if we’re going to be precise, SLG is a good example of a company that is opposing the current trends and methods of the Industry, embracing a forward thinking, constantly changing business model. They’re recognizing that existence as a comic book business in the future is going to require different methodologies. They’ve probably resigned themselves on the idea of creating good old fashioned comic books because just about no one buys those unless it’s from Marvel or DC. But that’s not really because of illegal comic book downloading, that’s partly because of Marvel and DC, but also because of Diamond. As much as I enjoy much of what they put out, Marvel and DC are like the carcases of dead presidents who refuse to accept the end of their presidency and haunt the oval office in the night as G.W. worries about how he can bring to fruition his dark lord’s glorious plans.
    -
    L:”Acquiring something for free when it would normally require payment is stealing. Artists are guaranteed, by the U.S. Constitution, that their endeavors will be protected as property. This protection is not limited to tangible media but instead extends to ALL reproductions.”

    I feel like you’re simply reiterating the one point that, “downloading comic books is illegal,” but I’ve already conceded that a few times. In this time of internet magic alluding to laws and contemporary mores will win you nothing. You’re dealing with a growing number of human beings who don’t care that the Constitution grants copyright holders diddley squat. Not only that, but our ability to control these people and their activities is on the verge of escaping us completely. Government agencies are trying desperately to control the one place where freedom could exist. The information superhighway could soon be a toll road. And that is my anti-government rant of the night.

  42. zhinxy Says:

    Prem? The library isn’t illegal. Why not wait for the trades and get them from there? I do it all the time. Am I wielding a THEFT CARD in my pocket, taking money out of the hands of the poor creators? Are Marvel and DC going into conniptions every time I take a trade into the comfort of my own home and peruse it over and over again without paying a single bleeding cent? And I can get music, and movies and audiobooks and…

    WHEN WILL THIS MADNESS END!

  43. Prem Says:

    I think having comic books in libraries are great.
    But not everyone likes libraries.
    Again, that’s not to say that we should excuse people not liking libraries.
    However, if we all went to libraries instead of buying them from comic book shops and the internet, the business would go belly up!
    However, I actually like owning trade paperbacks, and individual issues of very good comic books. Nextwave #11 is probably my favorite issue of a comic book ever. But I haven’t been able to find it at any comic book shops so far. I have issue 12 just because it was the final issue, but I really want 11!

  44. zhinxy Says:

    However, if we all went to libraries instead of buying them from comic book shops and the internet, the business would go belly up!

    Of course. Yet for the most part, the arguments for and against torrenting – an issue I see as extremely complex – really are complicated by the fact that one can already access much of Marvel And DC’s output free of charge, with just the swipe of a Library card.

    There’s no outcry against this fact, from anybody, as far as I can tell. In fact, I think anybody, whatever their position on illegal downloads, would find such an outcry utterly ridiculous… And that raises it’s own set of questions. You can read comics for free, either way. Is this fact helping sales, or hurting them?

    Because even if they shut down ever single non-pay download site in the country, the day they go after a library is not ever likely to dawn. And the free reading will still be bountiful…

    Why is one source of free reading a threat, and one a non-issue? Would free downloads that are coded to be non-readable after a few days be the equivalent of the non-controversial library lending? ;)

  45. L. Says:

    Prem: “Why does it cost more to create comic books these days?”

    Cost of paper, for one thing. But yes, most costs can be reduced through digital distribution. And I am in favor of this. But you were clearly talking about the current scenario. Not the one that publishers could further exploit.

    Prem: “I feel like you’re simply reiterating the one point that, downloading comic books is illegal,”

    You’re the one saying that it’s not theft simply because no physical copy is taken. That’s a game of semantics. In the end, it’s illegal. And clearly we agree on that.

    You seem to have strong opinions on he way people view what rights the Constitution grants. Have you considered the purpose of Copyright laws? To help encourage and promote artistic growth through the promise of security and compensation for the artist. Are these laws abused? Yes. But that does not make them worthwhile.

  46. L. Says:

    zhinxy: “I read comic trades for free. All the time. You can find them at this place called “The Library”

    And those are original copies that were paid for and can only be distributed to one person at a time. Not comparable.

  47. L. Says:

    Edit: My statement in post 45 should read:

    “But that does not mean the laws are not worthwhile.”

  48. zhinxy Says:

    #

    #

    zhinxy: “I read comic trades for free. All the time. You can find them at this place called “The Library”

    And those are original copies that were paid for and can only be distributed to one person at a time. Not comparable.

    Yes, indeed, and they can’t be kept permanently free of charge. I’m not exactly defending piracy, and my comments were mostly tongue-in-cheek. (But it really does amuse me that those who scream that they can’t afford comics so frequently act like they’ve never heard of this option. )

  49. L. Says:

    @zhinxy

    Fair enough. Apologies for misunderstanding.

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    Orjin Krem

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