http://www.telegraph.co.uk/technology/news/9236667/Pirate-Bay-must-be-blocked-High-Court-tells-ISPs.html Justice Arnold ruled that ISPs must block their customers from accessing Pirate Bay. Regardless of the morality or legality of Pirate Bay, forcing ISPs to block access to it will cause them inconvenience and costs, but won’t fix the core problem of copyright materials being exchanged without permission from the owners.
I have never looked at the Pirate Bay site, but I am aware of what it offers. It doesn’t host material, but allows its users to download from each other. By blocking access to the Bay, the judge blocks another one of billions of ways to exchange data. Many others exist and it is very easy to set up new ones, so trying to deal with them one by one seems rather pointless. Pirate Bay’s users will simply use alternatives. If they were to block all current file sharing sites, others would spring up to replace them, and if need be, with technological variations that set them outside of any new legislation. At best judges could play a poor catch-up game in an eternal war between global creativity and the law. Because that is what this is.
Pirate Bay can only be blocked because it is possible to identify it and put it in court. It is possible to write software that doesn’t need a central site, or indeed any legally identifiable substance. It could for example be open-source software written and maintained by evolving adaptive AI, hidden behind anonymity, distributed algorithms and encryption walls, roaming freely among web servers and PCs, never stopping anywhere. It could be untraceable. It could use combinations of mobile or fixed phone nets, the internet, direct gadget-gadget comms and even use codes on other platforms such as newspapers. Such a system would be dangerous to build from a number of perspectives, but may be forced by actions to close alternatives. If people feel angered by arrogance and greed, they may be pushed down this development road. The only way to fully stop such a system would be to stop communication.
The simple fact is that technology that we depend on for most aspects of our lives also makes it possible to swap files, and to do so secretly as needed. We could switch it off, but our economy and society would collapse. To pretend otherwise is folly. Companies that feel abused should recognise that the world has moved on and they need to adapt their businesses to survive in the world today, not ask everyone to move back to the world of yesterday so that they can cope. Because we can’t and shouldn’t even waste time trying to. My copyright material gets stolen frequently. So what? I just write more. That model works fine for me. It ain’t broke, and trying to fix it without understanding how stuff works won’t protect anyone and will only make it worse for all of us.