Bonum Certa Men Certa

Counterfeiting is Not the Same as Copyright Infringement

Cinema film



Summary: How the recording industry and the proprietary software industry mischaracterise the problems they are having in order to change the law

YESTERDAY we showed that the Intellectual Property Owners Association (IPO) was dissatisfied with the ACTA's attempt to lump together counterfeiting and copyright infringement. These are separate types of offences that have as much to do with one another as patents and trademarks (which lawyers like to group under the "IP" umbrella).



According to TechDirt, Homeland Security is using the same tricks as ACTA negotiators, part of whom is the MAFIAA (RIAA/MPAA/others).

Homeland Security Decides If It Just Keeps Interchanging Counterfeiting With Copyright Infringement, Perhaps No One Will Notice



We already wrote about the recent Congressional committee hearings on intellectual property enforcement, where IP Czar Victoria Espinel blamed China. However, there were other speakers there as well, and perhaps the most interesting was from John Morton, the assistant secretary of Homeland Security's Immigration & Customs Enforcement (ICE) division -- the group that recently started working for Disney and seized a bunch of domains using questionable legal theories. We're still trying to figure out what the hell immigration and customs enforcement has to do with internet file sharing, and here was a chance to set the record straight.


Wikiedpedia defines "counterfeit" as "an imitation, usually one that is made with the intent of fraudulently passing it off as genuine."

If words cease to have a distinct meaning or their meanings fused with anything else, then something like sharing becomes the equivalent of raiding ships and killing people. Language is a tool and it is being misused by those who want to tell society to behave in a way that favours someone's personal/commercial agenda. For instance, Microsoft likes to confuse copyright infringement with "piracy"/counterfeiting and it daemonises Africans who share Windows by calling them "pirates" (not those Somalians who actually attack ships), assisted as always by the BSA and IDC, whose claims were recently refuted by the South African press. Here is what TechDirt had to say about that same refutation:

Every year, in May, we report on the latest release of the BSA's totally bogus stats about "worldwide software piracy." The stats are so laughable that even the firm that put them together for the BSA, IDC has claimed that the BSA is being misleading with the stats. In years past, we've done a detailed analysis of how the BSA's stats are misleading, but one bit of news that came out last year that was even more interesting is that in the majority of countries listed in the report, IDC does no actual surveys. Instead, it just makes up the numbers.

Glyn Moody points us to an article looking at the report's coverage of South Africa, and notes not only did IDC/BSA not survey anyone in South Africa, they're using these totally made up numbers to push for new copyright laws. As for how ridiculous the numbers are, well, here's the quick explanation:
How was the 35 percent rate arrived at? It's a guess, or rather, a combination of guesses combined with some market data and presented as a final authoritative percentage.


IDC and BSA ought to be disgraced in more media outlets. They not only lie but they also know that they are lying. But they merely serve their clients in this case. Microsoft is one of those clients or sponsors.

Recent Techrights' Posts

What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Omarchy is Already Dying
Same as the life cycle of slopfarms
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
 
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026