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Illegal downloading is not theft - its something new

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Pulitzer Laureate
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Joined: 17 Sep 2008

incal11:
No;
an idea can really be stolen if the one who taken it then claims unfairly it's his own idea.
The idea which lead to the creation of a game has already been used ,
who would claim to be the maker of Halo after pirating it ?
Also a plane needs more fuel if it carries more weight , however small , and fuel is tangible.

perfectimo:

I'll try but in my defence I was pointing out the hypocrisy in incal11's post.

Here's an interesting point. You can call it whatever you want and try to justify it however many ways you want but until it is legal to take somebody else's property without their permission then you are breaking the law.

The real hypocrites are the one who started insulting me at every turn ; and I could have used a lot more verbal violence .

You see the word in black and white if you think the law is forever almighty , and your blind acceptance makes you a sheep .
That's not name calling , it's a constatation; at least I'm not insulting your intelligence , but your ability of making use of it.

I feel like talking to a wall; I'm not trying to change the way the world works...
but it will change , it will HAVE to change along with our current conception of property and some laws , like it changed before you were born.

Maybe this thread is just a few years too early.

Okay I feel like this has happened before but could tell me how insulting you is hypocritical?

I don't blindly accept the law but I abide by them, I didn't say they were acceptable.

You are a dumb person but that's not name calling. Isn't my ability to use my intelligence in fact part of my intelligence? If not please tell me what it is called since you seem to think you are more intelligent than me.

Pulitzer Laureate
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Nimbus:
I wish people would stop saying illegal=wrong. The law isn't infallible.

Sorry for double but just read this.

Not everything illegal is "wrong" but it is branded legally and socially wrong in most cases.

The Man So Nice They Named Him Twice
Posts: 779
Joined: 4 Jan 2008

I just found this... Mindy Kaling (from the office) makes the most convincing argument FOR illegal downloading I've heard. It's right in the beginning.

http://www.youtube.com/watch?v=qcOdNc_seyM

None of anyone else's argument here has made more sense that this.

Oh, before anyone tries to trounce me on this.... it's an attempt to lighten up the topic. Take it only as such, please.

Beat Writer
Posts: 163
Joined: 24 Oct 2008

perfectimo:

Okay I feel like this has happened before but could tell me how insulting you is hypocritical?

I don't blindly accept the law but I abide by them, I didn't say they were acceptable.

You are a dumb person but that's not name calling. Isn't my ability to use my intelligence in fact part of my intelligence? If not please tell me what it is called since you seem to think you are more intelligent than me.

You are being the very definition of hypocritical with this post.

Despite the telling look of your avatar I've been trying not to categorize you;
do you even realise that YOU think you are smarter than everyone ?

The fact that you feel the need to tell how idiotic I am each time should be a hint.

Gone Gonzo
Posts: 1753
Joined: 22 Oct 2008

perfectimo:

Nimbus:
I wish people would stop saying illegal=wrong. The law isn't infallible.

Sorry for double but just read this.

Not everything illegal is "wrong" but it is branded legally and socially wrong in most cases.

Legally wrong... isn't that, like, the definition of illegal?
And socially? Not here.

News Room Contributor
Posts: 3880
Joined: 21 Feb 2008

Alex_P:

nilcypher:
You don't get to pick and chose which laws you obey and if you think a law is unjust, the correct response is not to break it, but to try and get it changed.

I agree with this statement as far as copyright infringement is concerned, but not in general.

There are circumstances when the law is very poorly thought-out and not likely to change soon.

Sometimes, it's trivial laws covering trivial shit. I know the DMCA makes pretty much any form of DRM circumvention illegal. Fuck that! I'm not waiting ten years for the legislature to get off it's ass just so I can back up a bit of media or make some DRM-infected game work with my CD drive.

Sometimes, it's trivial laws covering non-trivial shit. If I lived in a state with sodomy laws that covered something I like to do, I would certainly break them.

-- Alex

You raise a good point there actually. If I may amend my statement, you can pick and choose which laws you follow, but you have to accept that you may be committing a crime.

Gone Gonzo
Posts: 1085
Joined: 25 Feb 2008

perfectimo:

Asehujiko:

perfectimo:
Look at it this way then had you not acquired the game through "piracy" you would have had tto of bought it from a store. That is why this is theft. There is no way around it.

Or, more likely, not bought it at all. In that case, the only thing they gain or loose is word of mouth and wether that's good or bad is up to the developers.

Tell me, how is downloading World of Goo in europe or asia detracting anything from the developers directly?

I don't know exactly what that has to do with location but it will take from the developer as a direct after affect because if you and whoever else out there is torrenting his products then the company will look at his sale and realise he didn't make as much as usual. In fact he had made about 20% less in sales and so the next project he wants to work on the company gives him less money and then you and your friends torrent and you think the game is worse than his last outing but you still plan on stealing his next game. This goes on and well his pay starts to decrease and the game are just crap and then you all go out and bitch and moan about the how crap his games are now but in the end it was you lot that caused it.

Thank you for reading this if you did and I hope you see the error in your ways.

What has location to do with this? Well here's what location has to do with this: The game isn't available outside the usa. How can they loose 20% of their sales if they weren't seling it anyway? Error in my ways? I'd say there's an error in your ability to research.

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Tygerml:

Ragdrazi:
Alright, throwing it back out to the thread. Merry missed it by that much. Anyone else show a real difference between torrents and libraries?

I'm going to pass on this. I don't like feeding trolls, especially the thick ones.

You can call me what ever you like, but until you take my argument apart, calling me thick rings a little hollow.

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Merryjest:

It is not a ridiculous proposition. You are simply a dishonest person who loves to avoid the core issues and obscure the actual *principles* behind the situation so that you can get away with anything.

Close. I'm an extremely honest person who expects that the *principles* of the core issues should be honest as well. In this case it's very easy to show they aren't and simply because the idea that they are has become some kind of mindlessly accepted fact by masses upon masses of people doesn't change that fact.

Merryjest:

If nothing is taken, then what are you downloading?

A copy. An exact replica.

Merryjest:
you are *taking away* is the opportunity for the creators to benefit from the fruits of their own minds.

See, now you're getting off your own pasture. The trespass involved in copyright, according to the law, is illegal distribution. To point to potential profit is to extrapolate. And the reason for that is quite clear. There's no way to tell if I've ever bought the game or ever will buy the game. And the "crime" remains the same regardless. That's another failed corridor for you Merry.

Merryjest:
When something is copied and distributed illegally you may not be *taking* an *object* from them, but just as much as you are transferring an abstract to yourself, you are *stealing* an abstract-if you will- from the source. You are stealing the opportunity for one to benefit from the fruits of one's mind. At the core of this philosophy that "digitally copying is not taking anything" is the idea that people should not reap any rewards, should not make any career or profession, out of anything that is the product of the mind

Is that what you believe the core philosophy of libraries is as well? Because everything I've just quoted to is easily, ~easily~ applicable to the legal distribution of the library system. The only difference is with a library, you are actually *stealing* a physical object.

Merryjest:
If we were all to concede to the ideas implied by the acceptance of your behavior , we would all be destined to manual labor and industry, agriculture and distribution devoid of all innovation.

You see, libraries, free access to information, utilities, this has done nothing but benefit innovation. I'm really glad our founding fathers had much more wisdom then you.

Merryjest:
This ideal, your ideal,

And the founding fathers' ideal.

Merryjest:
is that the products of your mind are not *yours*, they are everyone else's

And everyone should have free access to them as immediately as possible. Yes.

Merryjest:
The idea that is advocated is the enslavement of everyone's productive thoughts. Is this truly the democratic ideal that you would want, or that you want? Because it's games today- thoughts tomorrow.

You've confused enslavement with freedom, and freedom with enslavement. It's truly painful to watch the idealists of the market twist themselves into knots.

Merryjest:

You have a library card, don't you?
Are you able to take books out of the library without the card?

Yes, and where I come from those are free. That is the way in which the system was established. If you are having to pay for your library card, it means your state government is not stepping up to the plate like they should.

Merryjest:

Erroneous. My argument is quite solid. You're just a subjectivist, and probably a dishonest man. Dishonest men dislike definition, preferring to work with the amorphous field of moral relativism.

Typical. You can't defend the argument so you attack me. And pointless. You lose my respect Merry.

Merryjest:
Go take a look at the credits in Little Big Planet, Sam and Max's episodes, whatever. Read those names carefully and count them. Those are the hundreds of people to whom you are saying that their work, their ingenuity, their minds and their creations are worthless,

Go to the library. Count the number of authors names printed on the books. Those are the hundreds of thousands of people your argument is saying the library system has made their work, their ingenuity, their minds, and their creations worthless. After you have done this, reformulate your argument so it makes some kind of sense to what you have seen.

Merryjest:
So yes, you are still a thief.

If you think so, son, hand me your library card.

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Merryjest:

Ragdrazi:

I don't get charged here.(...)

There are, it is to be noted, discounts and exceptions made for the intellectually underdeveloped. Think of it as a sort of cerebral welfare for the chronically impaired.

And people who live in states that make libraries a priory, though the way you talk, I think you consider the two the same thing.

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L.B. Jeffries:
*edit*

You know what, enough of this. I'm tired of talking to this idiot.

Whatever helps you sleep at night, man.

Ok, Jeff. I've been out of town for 3 days, so I wasn't able to get back to you. I have your original reply in my inbox, but if you want to bow out, I'll respect that.

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SteveDave:

Ragdrazi:

SteveDave:
Symantics,you deny profit to a game developer, retailer, and publisher whenever you download a game. You are stealing and don't try to sugar coat it any other way.

And you're going to "steal" from me when you get my book from the library. The only difference is, I don't care.

I'm really tired of this. I really don't want to see anyone on this thread attack torrents, until they can explain to me how their ideas could not be used to attack libraries. Period.

Either we start tossing librarians in jail, or we stop attacking "pirates." Pick one.

Books are rented from the library because librarys are a paid service that is paid for by local governments. You are not paying for a game if you download it, you are breaking copyright laws. You are a thief and don't try to say your not. I hope you admit what you are and quit trying to hide behind symantics. It is very dispicable.

As has been pointed out before, the government pays for the books they distribute to people for free, in the same way torrent users pay for the games they distribute to people for free. If you're going to call me despicable, at least please first read what I've written. I find people who make me repeat myself truly despicable.

Red Guard
Posts: 3583
Joined: 27 Mar 2008

I didn't comment on this before but it's really jumping out at me now:

Merryjest:
You're just a subjectivist, and probably a dishonest man.

Merryjest:
It never ceases to amuse me the lengths to which collectivists thrive on the sanction of the victim.

The tendency to to relabel everyone and everything with insular terms from one's own ideology triggers my cult-dar.

-- Alex

Paperboy
Posts: 40
Joined: 14 Aug 2008

Morderkaine:

In short, downloading can reduce profits, in some cases increase them by spreading knowledge of a product, and in some cases make no change in sales at all. It is not theft and should not be referred to as such. You may as well say that if you walk into a book store, sit down and read a book, then put it back on the shelf and leave that you stole from the store. Maybe call it `potential/possible loss of sales`, or `reduction in maximum possible revenue`, but not theft, and its nothing like stealing a car or any physical object.

image

Gone Gonzo
Posts: 1080
Joined: 11 Sep 2008

Nilix:

image

Absolute, perfect win.

Esecially since Library do dvds and cds too x)

Muckraker
Posts: 244
Joined: 14 May 2008

if a breach of copyright is theft, then so is this. If it's not, then this is simply a breach of copyright. It's really that simple.

Pulitzer Laureate
Posts: 931
Joined: 17 Sep 2008

Asehujiko:

perfectimo:

Asehujiko:

perfectimo:
Look at it this way then had you not acquired the game through "piracy" you would have had tto of bought it from a store. That is why this is theft. There is no way around it.

Or, more likely, not bought it at all. In that case, the only thing they gain or loose is word of mouth and wether that's good or bad is up to the developers.

Tell me, how is downloading World of Goo in europe or asia detracting anything from the developers directly?

I don't know exactly what that has to do with location but it will take from the developer as a direct after affect because if you and whoever else out there is torrenting his products then the company will look at his sale and realise he didn't make as much as usual. In fact he had made about 20% less in sales and so the next project he wants to work on the company gives him less money and then you and your friends torrent and you think the game is worse than his last outing but you still plan on stealing his next game. This goes on and well his pay starts to decrease and the game are just crap and then you all go out and bitch and moan about the how crap his games are now but in the end it was you lot that caused it.

Thank you for reading this if you did and I hope you see the error in your ways.

What has location to do with this? Well here's what location has to do with this: The game isn't available outside the usa. How can they loose 20% of their sales if they weren't seling it anyway? Error in my ways? I'd say there's an error in your ability to research.

I didn't bother researching as you may have noticed by my poor example. Thank you for telling about that it was only in the USA, i thought that was worldwide sales. Are they planning an international release at some point?

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Pulitzer Laureate
Posts: 931
Joined: 17 Sep 2008

Nimbus:

perfectimo:

Nimbus:
I wish people would stop saying illegal=wrong. The law isn't infallible.

Sorry for double but just read this.

Not everything illegal is "wrong" but it is branded legally and socially wrong in most cases.

Legally wrong... isn't that, like, the definition of illegal?
And socially? Not here.

Yeah, after looking at my post I noticed what I had written and how stupid it was. It is seen as somewhat socially wrong around here, though downloading music is perfectly fine.

Paperboy
Posts: 16
Joined: 13 Nov 2008

One way or another it's still considered illegal :) when you pirate something with copyrights.

Pulitzer Laureate
Posts: 931
Joined: 17 Sep 2008

Ragdrazi:

Nilix:

image

Yep.

Looks like you returned that book.

incal11:

perfectimo:

Okay I feel like this has happened before but could tell me how insulting you is hypocritical?

I don't blindly accept the law but I abide by them, I didn't say they were acceptable.

You are a dumb person but that's not name calling. Isn't my ability to use my intelligence in fact part of my intelligence? If not please tell me what it is called since you seem to think you are more intelligent than me.

You are being the very definition of hypocritical with this post.

Despite the telling look of your avatar I've been trying not to categorize you;
do you even realise that YOU think you are smarter than everyone ?

The fact that you feel the need to tell how idiotic I am each time should be a hint.

I'm going to just stop with you after this by saying, "Of course I think I am smarter than some people. I don't just go around all day thinking about how much smarter everyone is than me." Oh and I'm yawning in my avatar.

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hakker:
One way or another it's still considered illegal :) when you pirate something with copyrights.

Well, yep. It is contrary to law, so it is illegal.

But is it theft. No.

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perfectimo:

Ragdrazi:

Nilix:

image

Yep.

Looks like you returned that book.

Indeed. And yet in the eyes of the law, the book was still distributed.

Paperboy
Posts: 16
Joined: 13 Nov 2008

That I completely agree with :)

Pulitzer Laureate
Posts: 931
Joined: 17 Sep 2008

Ragdrazi:

perfectimo:

Ragdrazi:

Nilix:

image

Yep.

Looks like you returned that book.

Indeed. And yet in the eyes of the law, the book was still distributed.

You missed my point.

Paperboy
Posts: 16
Joined: 13 Nov 2008

I think having material possession should be if you don't want to go to the library every time you want to read a specific book. Same with DVD's. like why I bought fight club because I wanted it on disc.

Red Guard
Posts: 3583
Joined: 27 Mar 2008

Ragdrazi:
Merry missed it by that much. Anyone else show a real difference between torrents and libraries?

Libraries and torrent networks differ in a number of important ways, of course!

Filesharing has more in common with borrowing a book from a private individual than it does with borrowing a book from a library.

Most libraries are run by people with specialized training in the organization, distribution, and preservation of information based on certain legal and educational principles. Torrent networks, in general, are not.

In the US, there is explicit legal protection for libraries.

Because they still deal in physical media, libraries and rental places have, effectively, a cap on volume.

Moreover, for much of the library's history, duplication of works you got from the library was a difficult task. The best that someone without a lot of specialized resources could do is make a crappy xerox a book or an uncopyable copy of a video cassette. It's much, much easier to redistribute digital media you got from someone else.

Compared to filesharing, the library system was much more organized and much more contained.

We can still use some of the same general principles that guided the creation of libraries to deal with filesharing. However, the specifics don't match up. Society and the law are still trying to catch up with the technology.

It's fallacious to assume that we can just blindly slap freely-copyable digital media into the same legal and social framework as older physical objects and have everything just work perfectly.

... Which, incidentally, is why illegal duplication and redistribution of a digital work is not "stealing" but, rather, something else -- something that society and the law are still struggling to fully define. Theft is an older idea that refers to a significantly different class of actions and goods.

-- Alex

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perfectimo:

Ragdrazi:

perfectimo:

Ragdrazi:

Nilix:

image

Yep.

Looks like you returned that book.

Indeed. And yet in the eyes of the law, the book was still distributed.

You missed my point.

You have a point?

Pulitzer Laureate
Posts: 931
Joined: 17 Sep 2008

Ragdrazi:

perfectimo:

Ragdrazi:

perfectimo:

Looks like you returned that book.

Indeed. And yet in the eyes of the law, the book was still distributed.

You missed my point.

You have a point?

Don't worry, this is one of those arguments where most people are set in their own way and if I were to discuss my point in ay way the debate would continue but end up going no where, so yeah don't worry.

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Alex_P:
Libraries and torrent networks differ in a number of important ways, of course!

Oh, of course! How could I have been so silly.

Alex_P:
Most libraries are run by people with specialized training in the organization, distribution, and preservation of information based on certain legal and educational principles. Torrent networks, in general, are not.

True. But, unimportant both to the concept of the library and to their legal exemption to copyright law.

Alex_P:
In the US, there is explicit legal protection for libraries.

Yes, I've said that many times in asking why torrents are therefore illegal.

Alex_P:
Because they still deal in physical media, libraries and rental places have, effectively, a cap on volume.

Right, and as I've said before, the idea that libraries don't allow people to "steal" as much, would not change the fact that they are still "stealing," as it has been dishonestly defined.

Alex_P:
Moreover, for much of the library's history, duplication of works you got from the library was a difficult task. The best that someone without a lot of specialized resources could do is make a crappy xerox a book or an uncopyable copy of a video cassette. It's much, much easier to redistribute digital media you got from someone else.

That remains unimportant both to your case and mine. Libraries distribute, and that distribution would be considered illegal if they were anything other then libraries. But, interestingly enough, libraries have gained the legal exemption to make copies of works themselves, now that the technology allows them to make replacement copies. They are still constrained by their physical "stealing," but the difference is extremely minor.

Alex_P:
Compared to filesharing, the library system was much more organized and much more contained.

True, but unimportant.

Alex_P:
We can still use some of the same general principles that guided the creation of libraries to deal with filesharing. However, the specifics don't match up.

No. The extremely minor differences don't match up, but thank you for the exhaustive list of them.

Alex_P:
Society and the law are still trying to catch up with the technology.

Ah, ok. Now we're getting interesting. This hasn't got a thing to do with technology. Society and the law are still trying to catch up, yeah. But what's changed is the incredible emphasis society has recently put on intellectual property rights. Something that hasn't really been seen in it's history. The law is finding itself stretched thin, as private interests (businesses) attempt to write it. Instances in which the law outrightly and openly contradicts itself, such as this one, are becoming more and more common place. The only difference is people would have challenged the law as ludicrous then, and now people accept what they're fed.

Alex_P:
It's fallacious to assume that we can just blindly slap freely-copyable digital media into the same legal and social framework as older physical objects and have everything just work perfectly.

Hey. If you want to work out the nuts and bolts for me, that's fine. I'm responding on a thread called "Illegal downloading is not theft - its something new" not "Now we all agree illegal downloading is not theft - how do we make it work."

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perfectimo:

Don't worry, this is one of those arguments where most people are set in their own way and if I were to discuss my point in ay way the debate would continue but end up going no where, so yeah don't worry.

No. If you have a point of view that I can't immediately shoot down on its own merit I'd like to see it. It will be a welcome change of pace to a thread full of asinine people who want to call me a bunch of asinine names and then to back up their opinions provide ideas I've already shown aren't right.

Pulitzer Laureate
Posts: 931
Joined: 17 Sep 2008

Ragdrazi:
No. If you have a point of view that I can't immediately shoot down on its own merit I'd like to see it. It will be a welcome change of pace to a thread full of asinine people who want to call me a bunch of asinine names and then to back up their opinions provide ideas I've already shown aren't right.

Okay if your only reason to know it is to shoot me down then I'll tell you.

The point of me saying

perfectimo:
Looks like you returned that book.

was to show that it is no longer in his possession. The comic leads me to think that what had been done is more like playing a demo in a store. You play it for how ever longer you want but at the end of the day you don't have it physically at home. When you download something it is sitting right there on your harddrive and is capable of full function.

Red Guard
Posts: 3583
Joined: 27 Mar 2008

Ragdrazi:

Alex_P:
Moreover, for much of the library's history, duplication of works you got from the library was a difficult task. The best that someone without a lot of specialized resources could do is make a crappy xerox a book or an uncopyable copy of a video cassette. It's much, much easier to redistribute digital media you got from someone else.

That remains unimportant both to your case and mine. Libraries distribute, and that distribution would be considered illegal if they were anything other then libraries. But, interestingly enough, libraries have gained the legal exemption to make copies of works themselves, now that the technology allows them to make replacement copies. They are still constrained by their physical "stealing," but the difference is extremely minor.

Untrue! I can legally lend a give/lend a book to a friend just as easily as a library can. I can lend it out to 20 different friends serially if I want, just like a library can, too. It's not all that different from letting a friend borrow a toaster.

Copyright and patent law essentially assume that duplication is beyond the capabilities of a private citizen doing it just for kicks, so they only really regulate what happens when someone else tries to mass-produce "intellectual property." The original idea was that creating the initial thing was a significant investment that a duplicator doesn't have to pay, so the originator gets a temporary monopoly to recoup those costs (and the potential to make additional money during that, as an incentive). Our old system honestly didn't have a particularly robust mechanism for individuals trying to use copyrighted or patented stuff non-commercially because, well, it didn't matter economically. Some guy making his own gizmo out of spare parts or hand-writing a copy of his favorite book wasn't going to noticeably affect the originator's economic interest.

The sticky thing with pure data is that copying it is near-costless. Heck, the copying is essentially automatic. I can't transmit data without basically creating several copies of it along the way. So, in essence, people who aren't actually out to compete commercially with the "IP holder" can impact his sales -- even inadvertently, sometimes! It's a totally different situation now.

-- Alex

Infamous Scribbler
Posts: 640
Joined: 17 Sep 2008

bkd69:

TsunamiWombat:
It's still theft. Sorry.

Just because you say so doesn't make it so.

Just because you say it isn't doesn't make it so either.
See how that logic works?

Gone Gonzo
Posts: 2487
Joined: 29 Nov 2007

Alex_P:

The sticky thing with pure data is that copying it is near-costless. Heck, the copying is essentially automatic. I can't transmit data without basically creating several copies of it along the way. So, in essence, people who aren't actually out to compete commercially with the "IP holder" can impact his sales -- even inadvertently, sometimes! It's a totally different situation now.

-- Alex

He's just going to stuff words in your mouth you didn't say, straw man your argument with examples that have no relevance, and do whatever else it takes to assert his psychological need to not be wrong. Like I said above, the innate refusal to believe that they are doing anything wrong is what drives these people because it conflicts with their self-image. Whatever helps ya like yourself.

Before this debate is over our right to imagine unicorns and happy ponies is going to enter the mix.

Here, this is what's going on right now:

http://allpsych.com/psychology101/defenses.html

Spare yourself.

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