Comment Re:This actually can be fairly easily solved.... (Score 1) 157
You still haven't answered the question: How would a normal person find the status of the copyright of anything on the internet? Remember, this is NOT just about the latest movies and songs, your idea makes EVERYTHING illegal, tumblr, flickr, youtube, forwarded cat-mails, The pirated material coming from obviously pirated sources might be the bulk of actual internet traffic, but it's a fringe case in your argument since it is as you say pretty clear-cut. I'm not arguing that. If you go to the piratebay, most people aren't expecting that it's legally obtained copies.
Although I'll add that a surprising number of people actually do believe it's fully legal to download it, even in countries where it isn't, but that's a completely different argument.
Your problem is still trying to defend how Gramma is going to know the copyright status of the pretty cat pictures she's downloaded. Were they professionally taken, or taken by a skilled amateur? Who did it? What country are they from? Did they release it with limited rights, a creative commons license, or did they just "put it up there" without ever specifying anything? On what server in what country did they originally post it? Because that matters when it comes to copyright, if you legally publish something (i.e. you are the creator/copyright holder) without mentioning a license, in some countries it's considered released to the public. How will gramma know the difference? How will gramma know the difference between this and piratebay? How will gramma know the difference between piratebay and using bittorrent to download war of warcraft patches or linux isos?
Those are the BULK cases, the unclear ones, the majority of use of the internet today by average people. Just regular use, facebook, tumblr, youtube, and so on. I repeat: your idea has no merit whatsoever until you can argue that there is a reasonable expectation that these people will be able to tell the origin/license of any random catpicture or quoted blogpost they come across.
As for whether your idea would eliminate piracy, that's also a different argument - I posit it wouldn't make a dent in it. I come to this conclusion because of two things.
First, real data from countries where anti-piracy laws have been introduced shows a temporary drop and then a return to previous levels. Unless you make people actually believe pirating is wrong, they'll just learn how to hide it better, or take their chances. It might make for less cat pictures, since gramma is more worried about shit like that then an actual pirate, but that's striking the "innocent" piracy that you claimed wouldn't be punished rather than the wilful piracy.
Second, since nobody would know HOW to follow the law, and since accidental missteps wouldn't be punished, nobody would have a reason to care. The person that downloaded a knowingly pirated song would know full well that he/she had also downloaded a dozen videos of youtube that day, and that it was likely a few of them were infringing as well. Since everyone is likely a criminal, why would they bother trying to avoid being one? No, they'd just burrow a bit deeper, hide it a bit better perhaps, use some plausible deniability techniques.
So to return to the issue: do you have an argument for how gramma will know, or don't you?