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Dean
Special Collaborator
Retired Admin and Amateur Layabout
Joined: May 13 2007
Location: Europe
Status: Offline
Points: 37575
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Posted: February 15 2009 at 20:10 |
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.
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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.
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What?
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Padraic
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Joined: February 16 2006
Location: Pennsylvania
Status: Offline
Points: 31169
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Posted: February 15 2009 at 20:02 |
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.
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Sums up my feelings on the matter pretty well.
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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 19:53 |
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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Dean
Special Collaborator
Retired Admin and Amateur Layabout
Joined: May 13 2007
Location: Europe
Status: Offline
Points: 37575
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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.
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What?
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Henry Plainview
Forum Senior Member
Joined: May 26 2008
Location: Declined
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Points: 16715
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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.
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. |
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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if you own a sodastream i hate you
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Petrovsk Mizinski
Prog Reviewer
Joined: December 24 2007
Location: Ukraine
Status: Offline
Points: 25210
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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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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 18:31 |
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.
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:
- Animus Delicti: You know it's illegal and still do it
- 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.
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).
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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Ivan_Melgar_M
Special Collaborator
Honorary Collaborator
Joined: April 27 2004
Location: Peru
Status: Offline
Points: 19557
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Posted: February 15 2009 at 18:15 |
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:
- Animus Delicti: You know it's illegal and still do it
- 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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Petrovsk Mizinski
Prog Reviewer
Joined: December 24 2007
Location: Ukraine
Status: Offline
Points: 25210
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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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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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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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laplace
Prog Reviewer
Joined: October 06 2005
Location: popupControl();
Status: Offline
Points: 7606
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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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Tony R
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Joined: July 16 2004
Location: UK
Status: Offline
Points: 11979
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Posted: February 15 2009 at 16:41 |
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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 16:39 |
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.
- 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.
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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Mr ProgFreak
Forum Senior Member
Joined: November 08 2008
Location: Sweden
Status: Offline
Points: 5195
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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!
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Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 16:12 |
Well, I don't buy into Locke (though that's not the reason). I was just presenting one possible viewpoint. Also, they could make money, because people will still buy music even if they can get it for free legally (see: Radiohead - In Rainbows). Still wondering what you meant by
^ and why is that so ethical compared to the other legal download opportunities? |
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Mr ProgFreak
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Joined: November 08 2008
Location: Sweden
Status: Offline
Points: 5195
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Posted: February 15 2009 at 16:02 |
^ "A Lockean defense of property, for example, might say that no, you
shouldn't have that right, at least in the case of downloading, because
of the principle of leaving "enough and as good" for others."
I hope you know that this essentially means that musicians can't make any money with their music, no matter how much time and money they spend on making it. Am I the only one who sees a problem here?
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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 15:59 |
Mr ProgFreak wrote:
^ and why is that so ethical compared to the other legal download opportunities? |
I'm not sure what you're asking here.
Imagine you're a musician. You spend a lot of time of money recording something. Shouldn't it be your right to decide how you make this recording available to others? How is it immoral to forbid others to infringe your right? |
That's a good question to which I don't have an answer. A Lockean defense of property, for example, might say that no, you shouldn't have that right, at least in the case of downloading, because of the principle of leaving "enough and as good" for others.
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Mr ProgFreak
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Joined: November 08 2008
Location: Sweden
Status: Offline
Points: 5195
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Posted: February 15 2009 at 15:56 |
^ and why is that so ethical compared to the other legal download opportunities?
Imagine you're a musician. You spend a lot of time of money recording something. Shouldn't it be your right to decide how you make this recording available to others? How is it immoral to forbid others to infringe your right?
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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 15:36 |
Also, this is just a note to everyone who likes free music and also supporting artists, listen to free streaming on last.fm.
Every time you play a song via free streaming on last.fm, the artist gets paid.
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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 15:35 |
Mr ProgFreak wrote:
"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." |
So we should all decide which laws are ethical and which are not, and then only follow those we would agree with? |
Yes, with the understanding that if you're caught breaking a law, however unethical, you'll be punished. Or, if you're a more productive individual, you could campaign to have those laws revoked or get elected and help in that way. Of course, ideally, all laws will be ethical. Unfortunately, we don't have any perfect ethical theory yet, so that won't happen.
Sorry, but illegal downloads are just that ... illegal. I'm not judging anyone ... and neither do I get angry about the whole thing. All I'm saying is that I wouldn't do it myself, and I would encourage anyone I met to try legal alternatives instead. |
And in confederate times, freeing someone else's slave was illegal. Obviously that's a much more extreme example, but an immoral law is an immoral law, and there is no ethical reason why you ought to follow it.
Edited by Pnoom! - February 15 2009 at 15:35
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