5 ms·

From the article: Locke then lamented the fate of songwriters. "Recently, I've had a chance to read letters from award winning writers and artists whose livelih

by daten 16y ago

From the article: Locke then lamented the fate of songwriters. "Recently, I've had a chance to read letters from award winning writers and artists whose livelihoods have been destroyed by music piracy. One letter that stuck out for me was a guy who said the songwriting royalties he had depended on to 'be a golden parachute to fund his retirement had turned out to be a lead balloon.' This just isn't right." I don't believe the assumption that every download is a lost sale is remotely true. It's also possible that many downloads led to increased sales or that the downloader already owned a copy of or access to the media and was just getting it in digital form for convenience. If I download the mp3 copy of a CD I own a physical copy of, am I a criminal? Did I steal from the artist?

masklinn 16y ago
> I don't believe the assumption that every download is a lost sale is remotely true. They don't either.
- daten 16y ago
  I assumed the quoted song-writer does. I'm not sure how else he justifies not being able to retire from his work. He doesn't seam to be suggesting the quality of his work is to blame. I know quality and personal interest is the reason I don't purchase (or pirate) most popular American music.
redrobot5050 16y ago
According to the DMCA, yes, you are, unless you KNOW you are downloading it from an authorized party. IANAL, for the record sake, but that's how most P2P has been bastardized by the law and you can't use the "I already own the CD" defense if sued.
byoung2 16y ago
If I download the mp3 copy of a CD I own a physical copy of, am I a criminal? Did I steal from the artist? To the first question, I would say that you are guilty of copyright infringement. Compare it to buying a bootleg DVD of a DVD that you already own that was scratched and is now unplayable, or sneaking in to watch the re-release of Avatar now that you own it on Blu-Ray. To the second, no you haven't stolen anything from the artist, since the artist (well, really the record label) still has the original item.
- SoftwareMaven 16y ago
  How could he be guilty of copyright infringement when courts have ruled it is legal to have a digital backup of your media? If he copied the mp3s from a friend who ripped the CD as a short-cut, would you still see him as guilty of piracy? I'm sorry, but that viewpoint is ludicrous, but I'm sure the RIAA loves that they've wired people to feel that way. Makes their extortion much easier. (And, yes, I do believe in paying for the music I listen to.)
  - jerf 16y ago
    Because the law believes that bits have colour: http://ansuz.sooke.bc.ca/entry/23 http://ansuz.sooke.bc.ca/entry/23 I'm not sure if this exact issue has been litigated, probably because the copyright holders would really rather not even discuss the issue, and it isn't the problem anyhow. A strict reading of the laws involved definitely show it's copyright infringement, but one could reasonably argue the appropriate damages for the act should be a flat $0. One can reasonably counterargue too, though. Something along the line of "Well, then they should have bought a second copy", though the problem with that is then you have to defend how when it is disadvantageous to the customer for it to be considered a strictly physical product, we consider it that way, but when it is disadvantageous to the customer to treat it as an abstract intellectual good, we treat it that way too. However, that's only a logical contradiction, not a legal one. This is probably why this has (to the best of my knowledge) never been litigated, even a victory of the case could set a precedent they wouldn't want. Best for them to just keep this out of court.
    - wildjim 16y ago
      I kind-of agree with the idea of no damages -- where I assume you mean compensation to the aggrieved party -- and instead a fine (or other punishment) for illegal activity, collected and kept by the government.
  - byoung2 16y ago
    * it is legal to have a digital backup of your media* I was referring to the act of downloading the mp3 from a website vs ripping the cd directly to your computer. Similar to the situation of growing your own pot for personal use vs buying it from a drug dealer.

by daten 16y ago

masklinn 16y ago

> I don't believe the assumption that every download is a lost sale is remotely true. They don't either.

daten 16y ago
I assumed the quoted song-writer does. I'm not sure how else he justifies not being able to retire from his work. He doesn't seam to be suggesting the quality of his work is to blame. I know quality and personal interest is the reason I don't purchase (or pirate) most popular American music.

redrobot5050 16y ago

According to the DMCA, yes, you are, unless you KNOW you are downloading it from an authorized party. IANAL, for the record sake, but that's how most P2P has been bastardized by the law and you can't use the "I already own the CD" defense if sued.

byoung2 16y ago

If I download the mp3 copy of a CD I own a physical copy of, am I a criminal? Did I steal from the artist? To the first question, I would say that you are guilty of copyright infringement. Compare it to buying a bootleg DVD of a DVD that you already own that was scratched and is now unplayable, or sneaking in to watch the re-release of Avatar now that you own it on Blu-Ray. To the second, no you haven't stolen anything from the artist, since the artist (well, really the record label) still has the original item.

SoftwareMaven 16y ago
How could he be guilty of copyright infringement when courts have ruled it is legal to have a digital backup of your media? If he copied the mp3s from a friend who ripped the CD as a short-cut, would you still see him as guilty of piracy? I'm sorry, but that viewpoint is ludicrous, but I'm sure the RIAA loves that they've wired people to feel that way. Makes their extortion much easier. (And, yes, I do believe in paying for the music I listen to.)
- jerf 16y ago
  Because the law believes that bits have colour: http://ansuz.sooke.bc.ca/entry/23 http://ansuz.sooke.bc.ca/entry/23 I'm not sure if this exact issue has been litigated, probably because the copyright holders would really rather not even discuss the issue, and it isn't the problem anyhow. A strict reading of the laws involved definitely show it's copyright infringement, but one could reasonably argue the appropriate damages for the act should be a flat $0. One can reasonably counterargue too, though. Something along the line of "Well, then they should have bought a second copy", though the problem with that is then you have to defend how when it is disadvantageous to the customer for it to be considered a strictly physical product, we consider it that way, but when it is disadvantageous to the customer to treat it as an abstract intellectual good, we treat it that way too. However, that's only a logical contradiction, not a legal one. This is probably why this has (to the best of my knowledge) never been litigated, even a victory of the case could set a precedent they wouldn't want. Best for them to just keep this out of court.
  - wildjim 16y ago
    I kind-of agree with the idea of no damages -- where I assume you mean compensation to the aggrieved party -- and instead a fine (or other punishment) for illegal activity, collected and kept by the government.
- byoung2 16y ago
  * it is legal to have a digital backup of your media* I was referring to the act of downloading the mp3 from a website vs ripping the cd directly to your computer. Similar to the situation of growing your own pot for personal use vs buying it from a drug dealer.