The key problem is that copyright infringement by a private individual is regarded by the court as something so serious that it negates the right to privacy. It’s a sign of the twisted values that copyright has succeeded on imposing on many legal systems. It equates the mere copying of a digital file with serious crimes that merit a prison sentence, an evident absurdity.
This is a good example of how copyright’s continuing obsession with ownership and control of digital material is warping the entire legal system in the EU. What was supposed to be simply a fair way of rewarding creators has resulted in a monstrous system of routine government surveillance carried out on hundreds of millions of innocent people just in case they copy a digital file.
What am I missing, here? If you do something illegal, they can try to find out who you are? So if the girl I am currently cyberstalking were to go to the police, they could work with my ISP to figure out who I am?
I’m going to move to a VPN pronto!
I guess you subscribe to the theory that if you aren’t doing anything wrong, you have nothing to hide? Better hope you have the right state sanctioned religion when a right wing government takes over some day.
Just to back you up:
https://mullvad.net/en/why-privacy-matters
“The most common argument used in defense of mass surveillance is ‘If you have nothing to hide, you have nothing to fear’. Try saying that to women in the US states where abortion has suddenly become illegal. Say it to investigative journalists in authoritarian countries. Saying ‘I have nothing to hide’ means you stop caring about anyone fighting for their freedom. And one day, you might be one of them.”
Exactly.
If something can’t be done in a privacy respecting way, perhaps it shouldn’t be done. Copyright should be something the rights holder makes a claim against, enforcement shouldn’t be automatic. If that makes copyright unenforceable, then that’s too bad I guess.
Just tell the judge she may have violated your copyright and you can stalk her all you want.
Well, for starters, you seem to be missing anything resembling a coherent argument… 🤪
And reading comprehension.
is cyber’stalking’ even illegal? there’s something incredibly harmless about scrolling thru someone’s instagram that showing up outside their house repeatedly doesn’t seem to compare with
Stalking is always a crime, and has a specific legal definition. For the federal level in the US per 18 U.S.C. § 2261A:
The statute specifies that it is illegal to engage in conduct with the intent to kill, injure, harass, intimidate, or place under surveillance with the intent to kill, injure, harass, or intimidate another person, where such conduct:
Places that person in reasonable fear of the death of, or serious bodily injury to: That person;
An immediate family member;
A spouse or intimate partner of that person; or
A pet, service animal, emotional support animal, or horse of that person; or
Causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to: That person;
An immediate family member;
A spouse or intimate partner of that person; or
A pet, service animal, emotional support animal, or horse of that person.
Scrolling through their social media is not stalking, unless you plan to harass or harm the person.
Exactly. It’s creepy, but that doesn’t make it illegal. Don’t do it, but it shouldn’t be illegal.
If you’re constantly making awkward posts on their content after being asked to stop, blocked by the individual (and you keep making alts), etc, that could be illegal. But being creepy isn’t and shouldn’t be a crime on its own.
What is colloquially called stalking, isn’t actually stalking. Stalking involves a level of fear by the stalked party [or a level of intended harm by the stalking party].
[Edit] to include a little more clarification.
offtopic: Why would you cyberstalk a girl who doesn’t already know who you are?
Because you live in a persistent fantasy existence in order to cope with failing to achieve any developmental goals since high school.
That’s why you would stalk some girl from that time who knows you. (source - I’ve been there.)
But why one you haven’t met who doesn’t know you? If it’s pure fantasy, you don’t have to contact her.
Also my therapist says “fantasy existence” is only bad when it has priority over reality and one’s real wishes. Also “developmental goals” can be achieved in various ways, and some are better abandoned earlier rather than later. Being very stubborn you might crack some, feel as if reaching a mountain top for a week, and then get depressed.
Celebrities come to mind.
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