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It's better to steal a CD or kill someone than download illegally. - Page 3

post #31 of 57
Quote:
Originally Posted by linuxworks View Post
seems rathers uncivil, if you ask me.



amazon has used cd's for only about half the new price. still not good enough even though I do get some from that source every now and then. at least I can rip flac and know it was done right.



I also buy used cd's but this skirts the issue. its a fake ethical 'way out' if you ask me. sure, you are not contributing to the Big Music bank account (and that's good) but you don't help the artists either and that's what the 'world' is wailing about, isn't it?

I don't see any diff between buying a used cd and downloading. not really, once you slice it down to fundamental parts. who makes money? some shmoe who resold the album, possibely even getting a free rip of it himself. (we know that happens more than not). is the artist 'encouraged' at all by used sales? no. same as downloading. in downloading, no one makes money and in the used cd example, only that selling schmoe recoups his cd cost (perhaps).

yes erik, you are fully legal. lawyers like that, right? but ethically you are still 'stealing' the music in the eyes of big music since their long-term stretch goal is to make consumers pay on a per-listen basis.

at some point, I can see the music industry fighting to remove your right to keep 'persistent data' (plastic discs) and you'll really have to download and pay over and over again each listen. that does seem to be their goal.

IANAL, but I see no diff in the level of 'harmed party' between free downloading and used cd sales. one is 'legal' but legal is arbitrary and not any absolute (many laws are crafted by special interests and don't have any sense of justice to them).

so while I'll continue to buy used cd's, I'll not judge those that download. to me, both ways 'deprive' the artist of his so-called deserved recurring income.

what I'd like to see is a 'tip jar' for each artist (and production person, etc). that way you can get the songs any way you want and its voluntary to pay the artist what you think its worth. radical idea but it may work. people generally DO want to reward effort and if they had an effective micropayment system that bypasses the fat-cats, they'd use it. artists WOULD get paid, directly. to me, it seems a far better system. what we have now is a huge mess and a time of 'change'.
Agreed, the last part is similar to how Radiohead released "In Rainbows".. I paid five pounds for the terrible .mp3s then later downloaded the .flac
post #32 of 57
Quote:
Originally Posted by Uncle Erik View Post
Wow... I've never seen the argument twisted quite like that before.
keep reading, then (lol). you're in for more fun, I'm sure.

Quote:
By the way, special interests didn't ram through special laws about downloading.
they did. I guess we disagree but all the evidence points to a corrupt legal system where money buys votes and influence. we all *know* this as the elephant in the room.

Quote:
The few cases I've looked at went mostly on the theory of conversion. That came out of common law and has been around a good 600 years.
nothing at all from that period (or even 50 yrs ago) applies to the digital distribution of 'thoughts'. really intangable things like songs, ideas, stories; those are what we are talking about. 600 yrs ago, the very idea of someone getting paid over and over again for a single performance would be a comical idea. don't preach to me about 600 yr old concepts when 'ip' has only recently been given 'property status'. mankind has not always had this notion of 'hey, that STORY belongs to me! no fair!!'. this is entirely a modern greed concept.

Quote:
I'm pretty sure they didn't have recorded music back then. And it's the same theory that makes it wrong to steal a car. You want to do away with that? Further, the award comes from juries. People out of the community, not someone from the music industry.
think of the children!

oops. wrong meme.

oh yes, stealing a car.

erik, I know you know better than that. stop insulting the reader here. no one seriously equates physical property with Imaginary Property(tm). only old men who are very detached from modern reality try this ploy, unsuccessfully, on us.
post #33 of 57
Erik - something I've wondered for some time - is a unique mastering - say DCC / AF / MoFi, some hard to find W. German or Japanese mastering / print covered in the sense that when you own an album, do you in fact have license to own variants of it? I've always assumed that a unique mastering is a unique product with it's own licensing, but I'd like to hear your opinion, if you wouldn't mind.

To the OP - at the risk of bringing this off topic, you will never find rhyme or reason worth standing behind in the realm of the court systems application of "justice". I don't think music piracy is legal, but I will say for the record that being introduced to new music through any imaginable means has encouraged me to spend more on music then I ever thought imaginable. Remember to buy directly from the artist if you can
post #34 of 57
Why stop at 600 years ago.

Isn't this more a case of punishing the Robin Hood's of the world rather than the Oliver Twist's?
post #35 of 57
Quote:
Originally Posted by linuxworks
they did. I guess we disagree but all the evidence points to a corrupt legal system where money buys votes and influence. we all *know* this as the elephant in the room.
Which law? Every case they've brought so far has been under long established copyright law. Title 1 of the DMCA does contain some egregious industry bought and paid for provisions, but it's not applicable to this thread.

Quote:
Originally Posted by linuxworks View Post
nothing at all from that period (or even 50 yrs ago) applies to the digital distribution of 'thoughts'. really intangable things like songs, ideas, stories; those are what we are talking about. 600 yrs ago, the very idea of someone getting paid over and over again for a single performance would be a comical idea. don't preach to me about 600 yr old concepts when 'ip' has only recently been given 'property status'. mankind has not always had this notion of 'hey, that STORY belongs to me! no fair!!'. this is entirely a modern greed concept.
Check your copyright history. The Statute of Anne in 1709 established a copyright act not too different from the modern American copyright act in purpose. If 1709 counts as modern, we have a bit of a definition issue.
post #36 of 57
Quote:
Originally Posted by linuxworks View Post
at some point, I can see the music industry fighting to remove your right to keep 'persistent data' (plastic discs) and you'll really have to download and pay over and over again each listen. that does seem to be their goal.
This.

The music industry, as far as I can see, wants to do away with the idea of music ownership - i.e. that you can buy a CD, and then under the established doctrine of this sort of thing you are free to do whatever you will with the CD - resell it, play it on whatever you want as many times as you want, etc. They want music to be used on a license basis rather than an ownership basis - i.e. you have to pay to use it, every time, and you are subject to license restrictions in terms of how and when you can use the music. It is never "your" music.

The problem I have with this is that the Internet has made large music labels irrelevant. There exists now a way for artists to reach out more directly to their audience. There is a need for record labels, of course, but the need for the large recording conglomerate is gone. Whatever you define that "need" as.

Large labels realize their obsolescence, which is why they are trying to secure for themselves a position as a middleman under the new emerging system of distribution of music. They want to stop direct communication between artist and audience. And the best way to do that is to tout intellectual property rights and wrap up their struggle for survival in an ethical shroud that really doesn't have much to do with the question at hand.

Yes, I do agree that illegal downloading is theft. However I don't have any reverence for the law when it is used in an unethical way by an unethical group, even when the law itself is ethical. It is better to steal, and hurt the industry this way, then it is to go along with its plans or to simply complain about it but not do anything at all.

Buying used CDs is good too - anything really, as long as you vote with your dollar and hit them where it hurts. But you cannot, in this unique case, take the moral high ground on the count of "theft" since it is morally applicable in this case to steal. IMO, of course.

The RIAA must die.

Quote:
Originally Posted by Uncle Erik View Post
Once a CD sells, the buyer is free to resell. It is entirely legal to buy the disc from that buyer. Once you purchase it, it's yours. It doesn't matter if you buy it new or not, it's completely legal, ethical and moral to do so. Further, the artist, et al. benefit the first time something sells. The used market is no secret; they go in knowing that their discs will be re-sold and the industry has never made a stink over it.

Downloading music you don't own is theft. It's really not that difficult of an issue. Unless you're doing it and desperately trying to find an excuse to do it, of course. It keeps artists, et al. from being paid for that first use.
I agree with this wholeheartedly. But, the record label rips off the artist as much as it rips off the customer. So when you are stealing from a major label, you aren't really hurting the artist as much as the label, which needs to be hurt as I've already said. After all, the use of the CD that you described is what the label wants to destroy. They want the concept of licensing music to work its way into the public consciousness and it will, by complacency. People will bitch and moan but unless something is done that's all they'll do, bitch and moan, while a new generation of music consumers gets used to music licensing because they don't know anything else.

Also - and I really do think this point makes the whole business somewhat irrelevant - the person that illegally downloads music is not the label's potential customer. They don't have the money to buy music, and if their ability to download were to suddenly be removed, by litigation or DRM or whatever, they would not suddenly start buying more music with the money that they don't have. The people that can afford the music actually tend to go ahead and buy the music. So the labels' financial woes are not because of illegal downloading alone. Rather - and no, I don't have the direct evidence of this on hand and I'm not going to spend the hours to look it up for you - illegal downloading tends to spread the awareness of the artist to people that have the money to pay for the music, and in the end it actually makes more money for the label and the artist.

The labels are dying because there is no need for them anymore. They are obsolete. But in their obsolescence they're trying to adopt a virulent business model and hurt the consumer. And this is why they must be stopped.

Oh, and with Hillary on the team, it's no wonder the current administration is an RIAA sellout.
post #37 of 57
That argument I don't understand, and it's just another avenue for playing light and lose with the law; If I never had the money to buy Photoshop / X Album / whatever digital medium - is it stealing and is anyone losing money when they would have never had it to begin with?

I would think along these lines in response to wanting to hurt the record labels. You can't hurt them with money you were never going to use to begin with.

If you want to hurt a record label in a very practical way, make them irrelevant buy only buying direct from artists. I've adopted to either buying direct, buying remasters from studios I feel are worth feeding, or buying used. If the money flows in a direction contrary to the business models imposed by the larger labels, you will over time force them to change or bankrupt them. My only fear would be the later taking much longer than I like.
post #38 of 57
Quote:
Originally Posted by catscratch View Post
This.

The music industry, as far as I can see, wants to do away with the idea of music ownership - i.e. that you can buy a CD, and then under the established doctrine of this sort of thing you are free to do whatever you will with the CD - resell it, play it on whatever you want as many times as you want, etc. They want music to be used on a license basis rather than an ownership basis - i.e. you have to pay to use it, every time, and you are subject to license restrictions in terms of how and when you can use the music. It is never "your" music.

The problem I have with this is that the Internet has made large music labels irrelevant. There exists now a way for artists to reach out more directly to their audience. There is a need for record labels, of course, but the need for the large recording conglomerate is gone. Whatever you define that "need" as.

Large labels realize their obsolescence, which is why they are trying to secure for themselves a position as a middleman under the new emerging system of distribution of music. They want to stop direct communication between artist and audience. And the best way to do that is to tout intellectual property rights and wrap up their struggle for survival in an ethical shroud that really doesn't have much to do with the question at hand.

Yes, I do agree that illegal downloading is theft. However I don't have any reverence for the law when it is used in an unethical way by an unethical group, even when the law itself is ethical. It is better to steal, and hurt the industry this way, then it is to go along with its plans or to simply complain about it but not do anything at all.

Buying used CDs is good too - anything really, as long as you vote with your dollar and hit them where it hurts. But you cannot, in this unique case, take the moral high ground on the count of "theft" since it is morally applicable in this case to steal. IMO, of course.

The RIAA must die.



I agree with this wholeheartedly. But, the record label rips off the artist as much as it rips off the customer. So when you are stealing from a major label, you aren't really hurting the artist as much as the label, which needs to be hurt as I've already said. After all, the use of the CD that you described is what the label wants to destroy. They want the concept of licensing music to work its way into the public consciousness and it will, by complacency. People will bitch and moan but unless something is done that's all they'll do, bitch and moan, while a new generation of music consumers gets used to music licensing because they don't know anything else.

Also - and I really do think this point makes the whole business somewhat irrelevant - the person that illegally downloads music is not the label's potential customer. They don't have the money to buy music, and if their ability to download were to suddenly be removed, by litigation or DRM or whatever, they would not suddenly start buying more music with the money that they don't have. The people that can afford the music actually tend to go ahead and buy the music. So the labels' financial woes are not because of illegal downloading alone. Rather - and no, I don't have the direct evidence of this on hand and I'm not going to spend the hours to look it up for you - illegal downloading tends to spread the awareness of the artist to people that have the money to pay for the music, and in the end it actually makes more money for the label and the artist.

The labels are dying because there is no need for them anymore. They are obsolete. But in their obsolescence they're trying to adopt a virulent business model and hurt the consumer. And this is why they must be stopped.

Oh, and with Hillary on the team, it's no wonder the current administration is an RIAA sellout.
I have to quote this, as it is one of the best posts I have ever seen on the topic. I agree with every single point, word for word.

People who exclusively download are not going to EVER be customers, so the RIAA is talking out of their ass and playing victim. Those who will pay for music will buy it because they want to see the artists they like succeed and have a good life. These people are nothing like the downloaders, so any comparison is silly.

There is no moral high ground in this issue, as the morals have been removed a long time ago. The artists are being ripped off every time an album is sold, and it is only the artist that I care about. There are two sides to this debate:

1. Those who adhere to a bastardized law
2. Those who do not and download music they did not pay for

Either way, the artists are screwed, but at least downloading nets exposure. If it were not for downloading, I would not have half the music I have now that I bought legally. I dare anyone to come up with a retort to that...
post #39 of 57
Quote:
Originally Posted by roadtonowhere08 View Post

1. Those who adhere to a bastardized law
I agree that the value of the law DOES enter into this, here.

someone pointed out the history of copyright ('anne') and it seems that we have usually had 'bad governments' and so I would NOT look toward any law (especially that old!) to justify how the labels are mistreating their own people and their own customers.

laws are often (usually?) authored to benefit the rich, powerful and connected classes. its no surprise that the laws today continue along those themes.

erik said it was the juries who awarded the high penalties. I'd like to know more about this. something tells me, if some investigation was done that this was not on the up-and-up. something just does not sit right that a 'jury of peers' would want to financially ruin housewives, students, etc. there is no logic to that. and while I'm on the subject, I would bet that jury nullification was expressly forbidden from being mentioned, thus DENYING the jury of their right to judge THE LAW and not just 'follow it' as most judges insist.

the whole thing is all setup to favor those currently who benefit from the system.

I have no confidence that the system will fix itself. none whatsoever.

apparently, the youth today also generally feel that way.

they know when they're being lied to.
post #40 of 57
Quote:
Originally Posted by catscratch View Post
The problem I have with this is that the Internet has made large music labels irrelevant. There exists now a way for artists to reach out more directly to their audience. There is a need for record labels, of course, but the need for the large recording conglomerate is gone. Whatever you define that "need" as.
The 'need' is in promotional ability. The internet, as much as it has democratized distribution, is a rather poor promotional tool compared to RIAA affiliated labels. There's a reason why musical acts sign up with RIAA affiliated labels and it's not because they're blinded idiots. It's because RIAA affiliated labels have a track record of being able to turn bands with decent local success into national level presences. Sure, it's a low percentage shot. But it's a hell of a lot better than anything else out there.
post #41 of 57
Quote:
Originally Posted by catscratch View Post
This.

The music industry, as far as I can see, wants to do away with the idea of music ownership - i.e. that you can buy a CD, and then under the established doctrine of this sort of thing you are free to do whatever you will with the CD - resell it, play it on whatever you want as many times as you want, etc. They want music to be used on a license basis rather than an ownership basis - i.e. you have to pay to use it, every time, and you are subject to license restrictions in terms of how and when you can use the music. It is never "your" music.

The problem I have with this is that the Internet has made large music labels irrelevant. There exists now a way for artists to reach out more directly to their audience. There is a need for record labels, of course, but the need for the large recording conglomerate is gone. Whatever you define that "need" as.

Large labels realize their obsolescence, which is why they are trying to secure for themselves a position as a middleman under the new emerging system of distribution of music. They want to stop direct communication between artist and audience. And the best way to do that is to tout intellectual property rights and wrap up their struggle for survival in an ethical shroud that really doesn't have much to do with the question at hand.

Yes, I do agree that illegal downloading is theft. However I don't have any reverence for the law when it is used in an unethical way by an unethical group, even when the law itself is ethical. It is better to steal, and hurt the industry this way, then it is to go along with its plans or to simply complain about it but not do anything at all.

Buying used CDs is good too - anything really, as long as you vote with your dollar and hit them where it hurts. But you cannot, in this unique case, take the moral high ground on the count of "theft" since it is morally applicable in this case to steal. IMO, of course.

The RIAA must die.



I agree with this wholeheartedly. But, the record label rips off the artist as much as it rips off the customer. So when you are stealing from a major label, you aren't really hurting the artist as much as the label, which needs to be hurt as I've already said. After all, the use of the CD that you described is what the label wants to destroy. They want the concept of licensing music to work its way into the public consciousness and it will, by complacency. People will bitch and moan but unless something is done that's all they'll do, bitch and moan, while a new generation of music consumers gets used to music licensing because they don't know anything else.

Also - and I really do think this point makes the whole business somewhat irrelevant - the person that illegally downloads music is not the label's potential customer. They don't have the money to buy music, and if their ability to download were to suddenly be removed, by litigation or DRM or whatever, they would not suddenly start buying more music with the money that they don't have. The people that can afford the music actually tend to go ahead and buy the music. So the labels' financial woes are not because of illegal downloading alone. Rather - and no, I don't have the direct evidence of this on hand and I'm not going to spend the hours to look it up for you - illegal downloading tends to spread the awareness of the artist to people that have the money to pay for the music, and in the end it actually makes more money for the label and the artist.

The labels are dying because there is no need for them anymore. They are obsolete. But in their obsolescence they're trying to adopt a virulent business model and hurt the consumer. And this is why they must be stopped.

Oh, and with Hillary on the team, it's no wonder the current administration is an RIAA sellout.
VERY WELL SAID!. I agree with every point you said there.
post #42 of 57
Quote:
Originally Posted by marvin View Post
The 'need' is in promotional ability. The internet, as much as it has democratized distribution, is a rather poor promotional tool compared to RIAA affiliated labels. There's a reason why musical acts sign up with RIAA affiliated labels and it's not because they're blinded idiots. It's because RIAA affiliated labels have a track record of being able to turn bands with decent local success into national level presences. Sure, it's a low percentage shot. But it's a hell of a lot better than anything else out there.
The RIAA promotes a select few artists. They're very good at promoting those artists but they do it at the expense of other artists. I'm not going to make value judgments at this point as to whether or not RIAA artists are better than independent artists, etc, but there is far more to music than just the very small percentage that sees such a tremendous share of visibility.

I think that the RIAA actually hurts the promotion of the majority of artists by putting so much effort into shining the spotlight on just a few. And this doesn't even begin to to touch on the point of manufactured "artists" and music as a commodity. Which is a completely different ball game.

Yes, it will be harder to become a rock star without the RIAA involved. But, as an example, in some social circles Shpongle is a household name - even though outside of those circles few have heard of them - and they did it purely on the merit of word-of-mouth and the quality of their music.

The RIAA may be "better" for a few but in the process they're doing everyone else a disservice.

Oh, and there's still the issue of their goals and current actions.

[Edit: I'm not talking about the 60's and 70's where these labels actually mattered. I'm talking about today.]
post #43 of 57
I think everyone that is advocating illegal downloading should just be honest and admit that you're too cheap/poor to buy music. You want music, but you don't want to pay for it. Its just that simple. All of the arguments against the RIAA/major record labels are just an attempt to rationalize this.
post #44 of 57
MJ, you're not correct; many of us can easily afford to buy any music we want.

you may find it hard to believe, but principle does enter into things here.

it may not apply for you, but not everyone thinks the way you do. at least allow for the fact that some may be trying to send a message to the industry.
post #45 of 57
For me, the internet has replaced FM radio, which I used to listen to for several hours a day and now I don't listen to at all. I seriously considered getting a Magnum Dynalab FM Tuner quite a while back and now that is just not going to happen.
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