Posted by spankibalt 4 days ago
Tired of the double standard that CEOs get away when bad things happen (because they can’t be everywhere all the time) but all the benefits when the company makes a great profit (because they’re personally driving results!).
The difference is how easy they are to sue. Good luck suing Chinese companies over this, but suing American companies is much easier.
Corporations believe in copyright so if they "break" it they should get punished for breaking rules they made up themselves.
Generally the law should be more strict for corporations than for real people.
edit: People downvoting can you argue why you disagree? I do think it's fair for the law to be more strict on the powerful rather than on the powerless.
Until we progress as a society to the point that we can put this system behind us we should at least fight to make enforcement uniform. In fact, uniform enforcement is probably a good starting point for arguing for abolition, as the pain of that enforcement is felt by proles and elites alike.
If this was you or me, we would be in prison for decades and have a fine in the millions. Time for these people to feel consequences.
As someone said, they will probably settle for around 6 billion, that is the same as say a $100 fine for us.
I'm all for strong justice, but you want to imprison an executive for decades for copyright violations?
Ah, found it:
>In April 2023, a 54-year-old programmer named Gary Bowser was released from prison having served 14 months of a 40-month sentence. Good behaviour reduced time behind bars, but now his options are limited. For a while he was crashing on a friend’s couch in Toronto. The weekly physical therapy sessions, which he needs to ease chronic pain, were costing hundreds of dollars every week, and he didn’t have a job. And soon, he would need to start sending cheques to Nintendo. Bowser owes the makers of Super Mario $14.5m (£11.5m), and he’s probably going to spend the rest of his life paying it back.
I'm not even a tiny bit supportive, but there is precedent.
https://www.theguardian.com/games/2024/feb/01/the-man-who-ow...
Why should Zuckerberg be exempt?
Zuckerberg saying anything about copyright infringement is irrelevant to the actions Meta has taken in consuming and promoting the practice, and he should face criminal liability.
Zuckerberg may be CEO, majority shareholder, and on the board of Meta, but he didn't break copyright law, Meta did. So if there were to be a consequence, Meta would pay out the fine. Not sure how you jail a company.
Now, in a company with a real corporate governance structure, the board would look at the loss incurred by said fine, look at Zuckerberg, and immediately fire him for causing the loss. However, like I said before, Zuck's in charge of Meta, so that's not going to happen, and the fine is unlikely to be enough to drastically impact the company's profitability enough to sink his shares, which are the main repository of his wealth. So if he thinks he can make himself richer violating copyright law in the future, he will likely direct Meta to do so.
TL;DR, in the famous words of Bender from Futurama, "Hooray, the system fails again!"
I'm still stuck on how Z telling Meta (or the relevant people at Meta, whatever) to go out there and do illegal shit doesn't make a court say that he's functionally done said illegal shit, or at least encouraged the company to do, and that he should thus be liable for that. It's not like there's much plausible deniability here. It'd be one thing if the lower ranks thought it'd be fine and did it of their own accord. It's quite another for Z to tell people to go nuts doing illegal shit.
The DMCA makes facilitation of copyright infringement illegal. Telling people to do copyright infringement is surely facilitation of copyright infringement. Surely then, Z having broken the DMCA is a fairly open and shut case, modulo calculating the damages. But apparently not?
I don't even play one on TV.
I wonder if, somehow, you could use or extend RICO statutes to cover this sort of thing.
You jail the CEO and the others will stand up and take note.
"But they'll complain" who gives a fuck.
What you'd need is something that either removes that protection past a certain amount of value, or, to tell entities like Meta - which are basically sole proprietorships with window dressing - that they're not entitled to the protection of incorporation if they don't enact a real corporate governance model.
Unless you have an SBA loan. Then the suing party can't get blood from a stone, but the federal government sure can.
> the fine is unlikely to be enough to drastically impact the company's profitability enough to sink his shares
You lack imagination :-) but you've identified both the problem and the solution.
It could be possible to construct a legalistic jail for a company whereby if it has committed the type of crime that a human could be jailed for, then it could be frozen for the duration, say ten years, and all its assets, shareholder funds, contracts, everything were frozen and impounded.
Of course this seems completely ludicrous because it’s so “out there” but it’s worth having the thought experiment. Things like “corporate manslaughter” really have few consequences for the corporation itself - if it was actually jailed for twenty years and shareholders and officers left frozen out and on pause, then it might be the kind of punishment that really counted for something.
In a way, they are. Those two groups are often the same due to incentives packages. The money lost to the fine is money not put in the earnings-per-share or R&D or whatever. That's the opportunity cost of paying the fine.
The problem from the "discourage bad corporate behavior" standpoint is that you can generate enough money from breaking the law to cover the fine and make more money than you would have had you not broken the law. Or maybe it's not a fine. Maybe it's a judgment from a civil case. Same issue.
You need to greatly increase the financial consequences to both clean out all gains the shareholders could have made from the illicit behavior and make it harder for the company to be competitive in the marketplace going forward.
I always heard that criminals should be thrown in jail, it's time we started doing it to the real criminals.
Now, I personally find the idea of imprisoning people for copyright offenses horrific, but I don't think it's remotely insane that someone else might come to that conclusion, given that we broadly accept it as a society.
[0] https://www.ussc.gov/sites/default/files/pdf/research-and-pu...
Fines don't do anything to deter bad behavior. Either:
* The company pays
* They pay and the company mysteriously increases next year's comp / grants a "loan" / etc
* D&O insurer pays
In all three cases the money comes out of the shareholders' hides. It provides zero personal deterrence. The payoff matrix, as seen by a sociopath, makes it rational to always defect against the common good.
The only punishment that can really focus attention is physical imprisonment in a facility they can't choose.
SOX did this for financial reporting and gee shucks it turned out executives can follow the law after all!
They stole the life's work of millions of people.
In less civilized times, they likely would have been drawn and quartered by strong horses, and had their limbs drug to the 4 corners of the continent as a warning to anyone else that would consider doing it again.
Consider the case of someone who gets banned but Facebook keeps collecting money on their business account. Or consider the case of Facebook's video metrics scandal, or... whatever. It's a little fuzzy translating how much value equates to how much stock price equates to how much real-world is-this-useful-to-me but it does matter when FB is accused of marketing (Aaron Greenspan, thinkcomp, has brought this up, in his 2019 testimony to UK parliament) advertising to more people in a region or country than actually physically exist
So fraud builds on itself, you have more fraud money to pay lawyers to try to defend you in fraud cases
The title is clickbait at it's worst. The situation around copyright and AI is stock standard "CEO makes a decision in an area that is clear as mud".