Feds to audiophiles: You're all pirates now


Feds to audiophiles: You're all pirates now!
Last week, Congress passed a bill aimed at increasing penalties and for sharing mp3s. Meanwhile, outraged audiophiles argue the interpretation of this vague 69-page bill.
http://www.msnbc.msn.com/id/22251370/from/ET/
dreadhead

Showing 5 responses by opalchip

The level of moral aptitude I always find in arguments over file-sharing, etc. is astonishingly low - usually on the part of the Gen X and Y'ers who just feel entitled to free stuff.

If the Artist says "This material is copyrighted" - that means copying it to give away is STEALING. Simple. Case closed. IT'S NOT UP TO YOU to decide what business model might work better for the artist. IT'S UP TO THE ARTIST!
There's no law that anyone HAS to copyright their material. The law exists so that they can, if they want to. If you see "Copyright" --- that means the artist made a decision and is telling you, "I created this, and I don't want you giving it away."

You are simply ripping people off, and if you had any cajones you would stand up and say, "I rip these artists off because it's fun and because I can." I would at least respect the honesty of that.

The entire premise of that MSNBC article posted above shows the same type of utter ignorance of the issues. Lending a Record to someone is not the same as making a copy and giving it to them. Lending someone an physical lp is not a against the law.

And the fact that the Radiohead experiment flopped does, IMO, expose the high level of hypocrisy among the bottomfeeder, "music should be free because I say so" crowd.

Sorry for the tone of my previous post, but I was in a hurry at work and didn't have time to edit myself. But the content is correct - and it really does astonish me that so many people don't get it. Copyright laws are not a music industry invention. They are basic personal property protections.

If you can "steal" music that was created and sold to you under the explicit understanding that it is only for your personal listening use, then why can't I steal your Ipod?

I believe it would be a better "Business Model" for you to hand over your Ipod and be happy about it. Just think, if I take your Ipod, then I might tell 100 friends what great music is on it. And they, seeing what great taste you have, might all come to you, begging to pay you to load their Ipods up with downloaded music. So if I steal your Ipod, it might actually be a great career move for you.

Look, we have all stolen (and lied in some form or another) - it's just standard human weakness.

What irks me though - and what really makes for a dangerous trend on a societal level - is when people try to base/justify their weaknesses on moral grounds. I occasionally copy CD's to give to friends, but I don't pretend that it's right. It's just convenient and a nice gesture (for the friend) - and it's petty larceny. I usually point out that if they like the CD, it would be a good thing to support the artist and buy another, since they got this for free. But that doesn't make it morally correct. It's wrong, smalltime wrong, but wrong.
Amazing what Ganja does to the thinking process....
If I ride my bike to the corner grocery store, put the kickstand down, go inside to buy an ice cream pop and talk to the shopkeeper for a bit -

The Bicycle has been Freed from it's Rider!

Hallelujah!

Someone may take my liberated bike, but I'm sure next time they'll come into the store and buy a bike from me since they liked the last one so much - I should probably buy lots of bikes and leave them outside stores - I'll be rich!!!.
Hi - I understand that there's a difference between an Ipod/Bike and what you hear at a live concert. The point I'm making is that theft is not justifiable by some potential benefit that the thief, in his mind, perceives might accrue to the victim.

A Digital File is a "thing". It may be covered under copyright law, but it is a physical thing that someone went to a lot of trouble to create. It doesn't dissipate into thin air like live music - it's can be sitting on a CD or a hard drive. We don't buy them - we license them, complete with the terms that stipulate you cannot copy and distribute the file.

One point you're missing is that the owner of the file (the artist) will now NOT be able to sell that file to whomever you give it to (or to you). You have removed that listener's potential purchase forever, when you had agreed (as the original buyer) not to do that. It's cut and dried to me.
Hi - I don't have time to debate too much more about this, as my wife keeps asking me, "What are you doing there...?" In brief, the legal understanding of these issues here is very lacking.

1. "The organization of 1's and 0's that your computer can interpret as a sound" IS a thing. I can locate it on your hard drive. The fact that it can be copied and transmitted electronically doesn't change that.

Selected quotes from Duke's Law and Technology Review concerning exactly this subject:

¶ 3 Section 101 of the 1976 Copyright Act defines a phonorecord as a "[M]aterial object in which sounds are fixed and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device."

¶ 12 Fixation may seem like a hurdle considering an Mp3 file is composed of ones and zeros, but this hurdle is quickly crossed. Unlike a shower rendition of a song that is captured only by my ears, a digital file is actually a series of positively- and negatively-charged ions trapped in a magnetic source, be it a floppy diskette or a hard disk drive. ****The file is thus fixed in a material object****, as it will exist for as long as the storage medium exists (absent accidental erasure by another magnetic source).

The standard of an MP3 or other digital file as a physical object has been well argued and is totally accepted under current law. There are even more explicit definitions here:
http://digital-law-online.info/lpdi1.0/treatise5.html

------------------------------------------

2. A "reasonable third party" or "reasonable bystander" viewing the fact that someone was given the music file for free would not expect the artist to be likely to then consummate a sale to that person. The fact that some future hypothetical transaction is not physically impossible is irrelevant, legally or morally.

Again, I don't claim to never copy stuff myself - but I think it's imporatnat to be honest with yourself about the issues involved. It is clearly a form of theft. The injury to the artist may be extremely small in each instance, but theft it is.

Now if you may excuse me, I have some CD's to burn tonight....