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Poll Question: Is it right to download music for free without the artist's consent?
Poll Choice Votes Poll Statistics
13 [22.41%]
24 [41.38%]
4 [6.90%]
17 [29.31%]
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Mr ProgFreak View Drop Down
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Direct Link To This Post Posted: February 15 2009 at 16:22
^ nothing really. You were saying that you found laws which protect legal downloads (with a fee involved) unethical - people who try to circumvent the fees get prosecuted. This implies that you think that it's unethical to charge money for music downloads. I know the Radiohead experiment (I purchased the big vinyl box) ... essentially that boils down to free downloads together with the possibility of making a donation. I'm not saying that I dislike the idea ... I just think that most people would simply not donate anything.


My solution for the whole problem would be to get the big record companies to introduce more flexible price models - with a worldwide distribution and the price models adjusted to the typical income level of each country. For example, I don't mind if people from Brazil download illegally, considering that CDs cost like 10 times more than they cost in the US or in Germany, compared to the typical income. Give people the opportunity to pay a reasonable amount of money for the music ... eMusic.com is a good start, but they need to be more flexible than the "pay the same amount of credits for each track" routine.
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Pnoom! View Drop Down
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Direct Link To This Post Posted: February 15 2009 at 16:39
Originally posted by Mr ProgFreak Mr ProgFreak wrote:

^ nothing really. You were saying that you found laws which protect legal downloads (with a fee involved) unethical


No I wasn't.

Quote - people who try to circumvent the fees get prosecuted. This implies that you think that it's unethical to charge money for music downloads.


Even if I did think what you said above, it wouldn't imply that.

Quote I know the Radiohead experiment (I purchased the big vinyl box) ... essentially that boils down to free downloads together with the possibility of making a donation. I'm not saying that I dislike the idea ... I just think that most people would simply not donate anything.


But people did donate.  That's the thing.  If I could do that for all artists I like, I would spread around my money a lot more.  For most, I would download it for free, and then make a donation based on how much I liked it.


Edited by Pnoom! - February 15 2009 at 16:39
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Tony R View Drop Down
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Direct Link To This Post Posted: February 15 2009 at 16:41



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laplace View Drop Down
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Direct Link To This Post Posted: February 15 2009 at 16:47
music's a luxury. everyone downloading it is unconscionably evil and greedy; it's the same with pornography - an entirely useless industry, and so one harried by leeches that it becomes unsustainable and unrewarding for all those involved you wouldn't download a carriage
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Pnoom! View Drop Down
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Direct Link To This Post Posted: February 15 2009 at 16:56
Laplace and Tony just won this thread.  It should probably end now.

Edited by Pnoom! - February 15 2009 at 16:56
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Petrovsk Mizinski View Drop Down
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Direct Link To This Post Posted: February 15 2009 at 17:48
I can't afford music, so I listen to the same 20 bands over and over again.
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Direct Link To This Post Posted: February 15 2009 at 18:15
Originally posted by Pnoom! Pnoom! wrote:



Nope, because then they couldn't sell the ferrari you took to someone else.
 
Then if you go to a doctor and refuse to pay, it should be OK, because you're depriving the doctor of nothing, he can still have other clients.....It's absurd

I might be infringing on his property rights but I am not depriving him of anything.
 
The musician has provided a service, and if you want to enjoy it, you must pay, if not, it's stealing.
If you hire a service, and dion't pay, you are stealing even when you are not depriving the doctor or lawyer of nothing, the only conditions to consider it a crime are:
  1. Animus Delicti: You know it's illegal and still do it
  2. Animus Lucrandi: You got a benefit for you or a third person

Downloading music has the two conditions.

I really don't care what the law says.  The law should conform to what is ethical, and there is no reason (beyond self-preservation) to obey an unethical law.

And who decides if it's ethical.....You?
 
There is a reason to obey the law, the government democratically elected by the majority, has released it, and if you want to be part of a democratic system, you must obey every law even if you don't like it.


But it does have a market value.  And even if it doesn't, your use of the word invaluable is misleading (either unintentionally or deliberately, I don't know), because when people say something is invaluable, they tend to mean that it's so valuable that you can't express it quantitatively.
 
I'm talking in legal terms, a right that can't be quantified exactly is called invaluable in legal terms, 
 
When you copyright a song, it has no market value, because you do it before it's released when can't be valued, the music acquires value if it's bought by the people.

Iván


            
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Pnoom! View Drop Down
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Direct Link To This Post Posted: February 15 2009 at 18:31
Originally posted by Ivan_Melgar_M Ivan_Melgar_M wrote:

Then if you go to a doctor and refuse to pay, it should be OK, because you're depriving the doctor of nothing, he can still have other clients.....It's absurd


Nope, he's lost the time he's spent on me, which he now can't use to make money on someone else.  So obviously I am depriving the doctor of something: his time.  If you want to make analogies, please make ones that make sense.

Quote The musician has provided a service, and if you want to enjoy it, you must pay, if not, it's stealing.
If you hire a service, and dion't pay, you are stealing even when you are not depriving the doctor or lawyer of nothing, the only conditions to consider it a crime are:
  1. Animus Delicti: You know it's illegal and still do it
  2. Animus Lucrandi: You got a benefit for you or a third person

Downloading music has the two conditions.

This doesn't really address the fact that I'm not depriving the musician of anything (whereas I would be depriving the doctor and lawyer of their time).

Moreover, I never said it wasn't a crime.  I said it wasn't stealing.  You're arguing a straw man.

Quote And who decides if it's ethical.....You?


Yes.  And then I weigh the expected benefits with the expected costs (likelihood to get caught, etc).
 
Quote There is a reason to obey the law, the government democratically elected by the majority, has released it, and if you want to be part of a democratic system, you must obey every law even if you don't like it.

Any society that has an unethical law ought to change that law, or it is directly acting against the interests of its citizens.  Because it's acting against the interests of its citizens, any force it uses to enforce that law is an unethical use of force on its part.  I have no ethical obligation to obey an unethical law, only (perhaps) a self-interested one.
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Direct Link To This Post Posted: February 15 2009 at 18:33
I believe Folly just entirely won by this "If you want to make analogies, please make ones that make sense." alone, let alone the other stuff he said.
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Direct Link To This Post Posted: February 15 2009 at 19:04
The moral justifications for piracy annoy me as much as you, Ivan, but there are times when bending copyright laws is not stealing. For example, if I uploaded a King Crimson album onto Youtube, I would be directly defying Robby and would no doubt get a warning from Youtube shortly after, but what sales did he lose from the time it was up there? He even gained a sale, because I hate ITCOTCK but I didn't know Lizard was cool until then because there is not a single second of free legal music from King Crimson. The same goes for the streaming tracks on Last.fm, which I have trouble believing are entirely legal but maybe I wasn't paying enough attention.
 
I don't see why downloading something that is impossible to find is a problem.
Originally posted by Mr ProgFreak Mr ProgFreak wrote:

^ I'd be glad if you rated them at PF ... that way I'll eventually discover them too (and add the link to emusic to the album). BTW: I currently have 130 albums on the save for later list - and I'm already on the 100 tracks/month subscription.Big smile
I have 155, I win! I used to only save albums I was sure I wanted to buy, now I save ones that look interesting and investigate them further once it's time to download, so that's partially laziness on my part.

Edited by Henry Plainview - February 15 2009 at 19:04
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Direct Link To This Post Posted: February 15 2009 at 19:04

The problem with analogies is they only work up to initial the point of comparison, then they collapse - defeating an analogy is not winning the initial point, it is simply defeating an analogy ... and at some point every analogy can be defeated. A closer analogy (though still not an exact match - since an exact match analogy is no longer an analogy) would be the computer software industry. Try arguing with Microsoft or Apple lawyers about the unethical legality of software.

What?
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Direct Link To This Post Posted: February 15 2009 at 19:53
Originally posted by Dean Dean wrote:

The problem with analogies is they only work up to initial the point of comparison, then they collapse - defeating an analogy is not winning the initial point, it is simply defeating an analogy ... and at some point every analogy can be defeated. A closer analogy (though still not an exact match - since an exact match analogy is no longer an analogy) would be the computer software industry. Try arguing with Microsoft or Apple lawyers about the unethical legality of software.


That's not a problem with analogies.  They only need to be the same in every relevant way.  Yes, you can find differences, but so long as there are no ethically relevant differences, then the analogy works.

So, a situation where you're violating someone's property rights without depriving them of anything would be a perfect analogy to illegal downloading, since it captures every relevant point that I was making.
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Direct Link To This Post Posted: February 15 2009 at 20:02
Originally posted by Sckxyss Sckxyss wrote:

Option 2. If the only way you can get an album is by forking out $40+ on ebay or Gemm, the artist isn't getting anything for it either way, so there's no point IMO (unless you want the hard copy). Otherwise, I think it's important that the artists get paid for what they're doing.



Sums up my feelings on the matter pretty well. 
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Direct Link To This Post Posted: February 15 2009 at 20:10
Originally posted by Pnoom! Pnoom! wrote:

So, a situation where you're violating someone's property rights without depriving them of anything would be a perfect analogy to illegal downloading, since it captures every relevant point that I was making.
Only up to a certain point. (One of) the purposes of selling music is to recoup the costs of producing it - by not paying for the 'product' you are depriving the artist of that source of renumeration.
 
In the days of the major labels, poorly selling artists were effectively subsidised by popular artists- a label could afford to invest in 10 artists if 1 or 2 of them made it big - the losses made on the other 8 or 9 bands would be written off and their contracts terminated prematurely. With self-funding, self-releases and most indie labels that is no longer a viable business model - each album now has to pay for itself or the artist is out of pocket.
What?
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Direct Link To This Post Posted: February 15 2009 at 20:20
I don't like MP3 or computer based music, I prefer hard copies of everything, this problem I have never had as I never have feel attracted to music stored in a hard drive.
 
About the issue, I think one's stealing if the artist really produces something for selling it... If a band uploads tracks to the web with no restriction, just to get known, is obvious that being downloaded is actually good for them.
 
Now, of course uploading tracks from a hard cd to a computer and then downloading them is ILLEGAL. remember, to those who say that downloading the tracks is not illegal because no right is being infringed: the track that you see on the internet didn't just "appear" there. Somebody copied it FROM A COPYRIGHT-PROTECTED CD OR HARD MEDIA (in many cases... except even MORE illegal cases of leaks of unreleased albums). So yes, you're breaking a law... Check the back of a cd... it clearly says "not to be copies, etc, etc , etc".
 
 
 
 
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Direct Link To This Post Posted: February 15 2009 at 20:26
Originally posted by The T The T wrote:

So yes, you're breaking a law...
Did anyone disagree with that? But on the other hand, I'm sure that you don't think someone who watches a live video of a band on Youtube should be fined $125,000, even though that is technically just as illegal...
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Direct Link To This Post Posted: February 15 2009 at 20:29
Originally posted by Henry Plainview Henry Plainview wrote:

Originally posted by The T The T wrote:

So yes, you're breaking a law...
Did anyone disagree with that? But on the other hand, I'm sure that you don't think someone who watches a live video of a band on Youtube should be fined $125,000, even though that is technically just as illegal...
 
I agree that the internet makes it impossible to control these situations.... The question though was regarding the act of downloading which is illegal and could be hurting the artist's best interests.
 
We in prog though shouldn't be so anti-downloading (as much as I never do it), because many of our bands are not commercially viable any way, and if they want to get known, a few downloads here and there could lend a big hand.... usually, good fans end up buying the albums they first download.... at least those who still love real hard copies with booklets and prefer more than an ipod dock to listen to their music....
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Direct Link To This Post Posted: February 15 2009 at 20:33
I love hard copies, but it's not feasible for me to pay for hard copies of all I want to listen to, so I also buy off emusic, which allows me to get seven or so albums for what would otherwise get me 2-3.
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Direct Link To This Post Posted: February 15 2009 at 20:35
I think you are all just going around in circles. Those who steal won't stop, and haven't stopped because it is illegal. Those who don't steal have no effect or influence on those who do.
Ranting about the artist losing money is hypocritical unless you question the current business model used by record labels, especially the major ones. There is  a solid case to be made that many acts are able to make a living touring BECAUSE their music has been spread through P2Ps. Not all, but some. And those that can, are also able to finance their recordings without corporate interference as to what should be put out.
This is not to say that some acts have not been negatively impacted. But, and this is a bit BUT ... there is rarely a mention of the increased competition for the consumer's dollar. To the ancient media like TV & movies, add DVDs, Video Games (which are in the midst of a boom period), the Web itself, along with products such as IPods, IPhones, and cellphones.
THEN, add to the mix that sales were artificially boosted for a 40 year period by the explosion in the late 60s - the emphasis on LPs, the arrival of big money in the industry; then new formats - cassettes & CDs that had people buying Led Zep IV for the 2nd & 3rd time (assuming you hadn't bought it a few times before as your vinyl wore out), followed by an series of major "new" & massively popular genres such as Hair Metal , Grunge, Pop Punk, Boy Bands etc that eventually led to a music biz that acted like every other boom market known to man.
Meaning - when the boom goes bust, everyone involved looks for the boogeyman to blame.
Reality - music sales are back to normal, where they were until the mid 60s.  A very few mega stars, some 15 minute Fads, a number of mid sized acts that have built a lasting career, a lot of smaller acts that make a living, and more that never quite get past recording a few songs, and playing a few gigs.

Answer - forget the arguement if it's stealing or not, moral or not. It's not going away. Take some time to thik of a realistic option where the artist CAN get paid. Maybe not as much as Pearl Jam did in the 90s, or that Tull did in the 70s. But more than Hank Garland, Hubert Sumlin or others did in the pre-historic daysof the music industry.
Subscription services. No DRM. You own the music. Burn it, upload it to your IPod, stream it on your computer, to your Stereo, delete it when you want more free space on your PC, download it just for tonight's party, order it up on a whim, whatever, wherever.
It's happening in China, in Denmark, in Europe, and rumours abound that Steve Jobs is still pressing and will get this to happen in America within a year or two. It works for Cable TV, it works for Internet access, for phone services and the like. People paying less, but more people paying. And people will pay for a secure, handy, and readily accessible and simple way to do so. Whywait two days for a torrent download ? Why expose your PC to viruses, malware & Spyware through LimeWire and the like ? Heck even  Amazon.com has started having daily sales on MP3 albums. Check it out. $9.99 for an album. Uh Uh. Today & today only $3.99. Or $1.99. How can they make money ? VOLUME !!!!!!!


And that folks is what you should be fighting for. A way to give people a legal & reasonably priced choice, a way to get artists a cut of the action that they aren't getting today

P.S. a cursory search of the web will net you articles as to how record labels tried to decrease royalty rates on CD sales back in the mid 80s (new media not included in old contracts) - an album's price goes up by $8-10, the artist's share goes from 74 cents to 81 cents. And the labels did the same thing for MP3 downloads.
"Here I am talking to some of the smartest people in the world and I didn't even notice,” Lieutenant Columbo, episode The Bye-Bye Sky-High I.Q. Murder Case.
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Direct Link To This Post Posted: February 15 2009 at 20:38
Originally posted by The T The T wrote:

We in prog though shouldn't be so anti-downloading (as much as I never do it), because many of our bands are not commercially viable any way, and if they want to get known, a few downloads here and there could lend a big hand.... usually, good fans end up buying the albums they first download.... at least those who still love real hard copies with booklets and prefer more than an ipod dock to listen to their music....
Well most of us are old and as such have a fear of technology. ;-)
 
Once I realized I cannot tell the difference between a CD and a high quality MP3, I stopped caring about buying physical albums. Maybe I need to get better headphones, I don't know.
 
And for the record, the few times I have downloaded something that was available it resulted in a sale for the artist. I didn't even like Amputechture, but curiousity got the better of me...
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