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debrewguy
Special Collaborator Honorary Collaborator Joined: April 30 2007 Location: Canada Status: Offline Points: 3596 |
Posted: May 17 2007 at 21:30 | |||||
Oh Oh, subjects with many shades of grey make for extended debates. I like black & white. And in this case, R makes the point well - judge not lest ye be judged. And remember that old french quote - the law in its' infinite majesty prohibits the rich as well as the poor from sleeping under bridges. P.S. If stealing is wrong go ask most musicians on their opinion of record labels' bookkeeping when it comes to paying our royalties, you know the money made that is supposed to go partly to the musician. For details, please peruse a few newsletters from Bob Lefsetz. Except for the top of the top, most never see a dime. |
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"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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The T
Special Collaborator Honorary Collaborator Joined: October 16 2006 Location: FL, USA Status: Offline Points: 17493 |
Posted: May 18 2007 at 00:52 | |||||
Fantastic post Yface1!
Here's an example: Magellan. Their new album, Innocent God, is available online-only, for ordering and also for downloading, IF YOU PAY. That means, you're paying the artist (Trent Gardner0 and he's receiving his due share for the work he's done.
Why did he get out of Inside Out and got into this more internet-oriented deal? Maybe there are some other reaons, but for sure he should've felt displeased with his "numbers" in terms or records sold.
Now, he controls what happens to him, financially. He controls what albums are sent by mail (like I did, I bought a hard copy in cd) or over the internet. You know why? Because he's not only a musician...THAT'S HIS JOB.
So how come only musicians have to let others download the products of their efforts? I've never heard that in other professions you have to let people benefit from you freely. A talking point: yes, music is an art. BUT IT'S ALSO A WAY OF LIVING. So let's stop pretending that we as consumers have the right to step on the rights of the creator of the music and benefit only on one side.
Someone mentioned that "the consumer is always right". You know what? That rule applies in the world of retail mostly, where a manufacturer produces an item, somebody else sells it, and the profits are shared (most of the percentage to the manufacturer, a little to the store). Of course, for a capitalist system to work, the consumer has the right to complain about any defects and to demand the best possible service. BUT I'VE NEVER HEARD NOR SEEN THAT INVOKING THE "CONSUMER'S ALWAYS RIGHT" THING A COSTUMER HAD THE RIGHT TO GET AN ITEM FOR FREE WITHOUT ANY BENEFIT FOR THE STORE OR FOR THE MANUFACTURER. That rule helps the consume going...If the consumer's happy, he'll return. If the consumer's well-treated, he'll more than likely purcchase MORE. So in the end both the manufacturer and the store get BENEFIT. DON'T THINK THAT RULE (OR LAW) IS CREATED FOR THE SAKE OF CHEAP CONSUMERS< BUT FOR THE SAKE OF THE MARKET. THE MARKET BENEFITS OF THAT, AND AS THE MARKET BENEFITS, THE ECONOMY BENEFITS.
It has NOTHING TO DO with music. What you say would be like going to the store, stealing an item, and if you're caught, saying: "hey! I have the right as consumer to try the product"! Of course, they won't grant you that right, but the right to ride in a police car to a very special place.
Musicians are professionals. You love music? Then start realizing that music is another way of living, start by giving music the importance it deserves. When you say that "music should be free to download for the sake of the consumer" you're just degrading music to a third-rate hobby. SORRY MY FRIEND, IT IS NOT. Even Bach, Mozart, Beethoven, Bruckner, THEY WERE ABLE TO EAT THANKS TO THEIR MUSIC.
So now that we have internet, music suddenly is just a joke? Give me a break.
Downloading legally? OK!! I don;'t like it for musical reasons, but that's personal, there's no moral objections. Downloading just for your sake? VILE, VULGAR THEFT.
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Wilcey
Forum Senior Member VIP Member Joined: August 11 2005 Location: United Kingdom Status: Offline Points: 2696 |
Posted: May 18 2007 at 01:10 | |||||
Amazed to find this re-opened this morning!
Good post Yface1 ! |
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Atomic_Rooster
Forum Senior Member Joined: December 26 2005 Location: United States Status: Offline Points: 1210 |
Posted: May 18 2007 at 01:14 | |||||
so, how do you all feel about musical "sharing" - swapping cd's with a friend or posting a video on Youtube or something like that (I am in no way insinuating that I personally partake of this)
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I am but a servant of the mighty Fripp, the sound of whose loins shall forever be upon the tongues of his followers.
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Certif1ed
Special Collaborator Honorary Collaborator Joined: April 08 2004 Location: England Status: Offline Points: 7559 |
Posted: May 18 2007 at 03:55 | |||||
YouTube is a bit of a grey, on which it was known in the past that some copyright material was published without the author's consent.
I believe that Google now own YouTube and are doing everything in their powers to keep it legal, so I try to use my common sense with material posted there.
The stuff on YouTube is typically of a very low quality, and streamed - it's a nice taste of the product, but in no way as good as the real thing - and once you've seen it, the file remains where it is - not on your hard drive.
File sharing is much more clear cut - the rules are obvious: If it's yours, feel free to share it (check out my music LEGALLY AND FOR FREE - the password is ProgArchives, as this song is available ONLY to members of this site due to it's proggy nature . There's more on my MySpace page, but it's not as proggy).
If it's not yours - ie, you didn't create the actual music, then sharing it is illegal.
It's not about how we feel - if the Recording Industry ASS. catches you, then you're nicked, fair and square. Edited by Certif1ed - May 18 2007 at 04:00 |
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The important thing is not to stop questioning.
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Atomic_Rooster
Forum Senior Member Joined: December 26 2005 Location: United States Status: Offline Points: 1210 |
Posted: May 18 2007 at 04:01 | |||||
thanks, my understanding was a bit ambiguous |
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I am but a servant of the mighty Fripp, the sound of whose loins shall forever be upon the tongues of his followers.
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Philéas
Forum Senior Member Joined: June 14 2006 Status: Offline Points: 6419 |
Posted: May 18 2007 at 07:57 | |||||
Not speaking in favour of illegal downloading, but I see a misconception here: Downloading can't really be compared to stealing a physical object from someone, as the files downloaded are copies.
Let's say an artist records an album, 100 CDs are made. Somehow the music is leaked onto the internet as mp3 files. People download the mp3 files and listen to them. The CDs remain, nothing has been stolen. What could have happened though is that the artist has lost some money if some of the downloaders didn't buy the album. The CDs however, were not stolen, only copied. If I go into a store, grab a CD and run, the store has one CD less. There's a difference between illegal copying and stealing. Remeber: I am not endorsing illegal downloading, just explaining why I don't think one can compare downloading an album to stealing an album. Edited by Philéas - May 18 2007 at 07:59 |
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Wilcey
Forum Senior Member VIP Member Joined: August 11 2005 Location: United Kingdom Status: Offline Points: 2696 |
Posted: May 18 2007 at 08:01 | |||||
I think you'll find that anomally covered by a little thing called copyright law........
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Certif1ed
Special Collaborator Honorary Collaborator Joined: April 08 2004 Location: England Status: Offline Points: 7559 |
Posted: May 18 2007 at 08:19 | |||||
It's fairly simple really - the property of the artist is the music, not the digital file or physical album, which belongs to you and you alone unless you trade it, sell it or otherwise dispose of it.
It's called Intellectual Property: Just as you wouldn't quote from a book or another website and claim the material to be your own, music is not yours to re-distribute unless you wrote it.
Stealing the CD is stealing the physical media and packaging as well as the intellectual property of the artist - so you would actually committ two crimes in stealing a CD. As with computer software, the bit that belongs to you is the physical media that contains it, not the stuff on it, which might have cost millions of dollars to develop and market. This belongs to the company or individuals that created it.
Copying music or software in order to maintain a backup (in case the original becomes damaged) is permissible - although some companies are trying to make this illegal. I do not believe it should be, as I believe it's a right: CD's can get damaged and unplayable - why should I pay for the content twice?
Copying music or software in order to re-distribute it is quite obviously wrong - if someone wants a copy, they should buy it so that the creator of the work gets paid what's due to them.
If you receive a copy you haven't paid for, then the creator - quite obviously - does not get paid for it. Instead of selling 1,000 copies, they have only sold 999 copies - and so it goes on.
By not paying them for their product, you are stealing from them, the same as if it was something tangible - and that's the crux of the argument for Intellectual Property law as I understand it.
In the case of a leak, then the copyright has been breached, and anyone exchanging or receiving copies may be prosecuted if caught.
More and more frequently, digital media is watermarked these days, and there is technology that allows it to "phone home" through various media players if it detects an invalid license. The technology is young, but it will evolve. Edited by Certif1ed - May 18 2007 at 08:24 |
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The important thing is not to stop questioning.
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Jim Garten
Special Collaborator Retired Admin & Razor Guru Joined: February 02 2004 Location: South England Status: Offline Points: 14693 |
Posted: May 18 2007 at 08:20 | |||||
Illegal downloading of an album is theft (I believe the official definition is theft of intellectual copyright ) just the same as the physical theft of a CD from a store - either way, the artist loses out on any royalties they would have gained from the legal (ie paid for) download or Joe Public buying their CD on the high street.
No difference. +++edit+++ Appears Cert and I had the same idea at the same time; only Cert's post had more words - he's an intelektooal! Edited by Jim Garten - May 18 2007 at 08:35 |
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Jon Lord 1941 - 2012 |
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MikeEnRegalia
Special Collaborator Honorary Collaborator Joined: April 22 2005 Location: Sweden Status: Offline Points: 21430 |
Posted: May 18 2007 at 09:24 | |||||
Edited by MikeEnRegalia - May 18 2007 at 09:37 |
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MikeEnRegalia
Special Collaborator Honorary Collaborator Joined: April 22 2005 Location: Sweden Status: Offline Points: 21430 |
Posted: May 18 2007 at 09:28 | |||||
*duplicate post - removed*
Edited by MikeEnRegalia - May 18 2007 at 09:34 |
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TheProgtologist
Special Collaborator Honorary Collaborator / Retired Admin Joined: May 23 2005 Location: Baltimore,Md US Status: Offline Points: 27802 |
Posted: May 18 2007 at 09:29 | |||||
Mike liked what he said so much he had to say it twice.....
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MikeEnRegalia
Special Collaborator Honorary Collaborator Joined: April 22 2005 Location: Sweden Status: Offline Points: 21430 |
Posted: May 18 2007 at 09:35 | |||||
^ actually it was my internet connection which broke down while I was submitting the post.
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Dean
Special Collaborator Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
Posted: May 18 2007 at 09:40 | |||||
"Try before you buy" relies on trust between the copyright holder and the downloader that has not been granted by the copyright holder nor demonstrated by the downloader.
The fact that the RIAA has persued civil prosecutions demonstrates that a law has been broken in that they can demonstrate "fair use" has not been met.
The RIAA is for the USA, other countries have their own governing bodies and laws, downloading is legal in some, but not all countries. Uploading of copyright material is illegal in all countries.
For your Utopia to exist there has to be a mechanism that permits the copyright holder to grant this permission and for the downloader to demonstrate that the download has subsequently been either paid for or deleted. At present this mechanism does not exist .
Creative Commons is an alternative to copyright which offers greater flexibility to the Artist, in that they can stipulate the level of permitted copying. /edit: the weakness in this system is that there is no way for the Artist to monitor this activity, i.e. there is no way for the downloader to demonstrate he has kept within the terms of the agreement.
© All rights reserved. Edited by darqdean - May 18 2007 at 09:44 |
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What?
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Rocktopus
Forum Senior Member Joined: March 02 2006 Location: Norway Status: Offline Points: 4202 |
Posted: May 18 2007 at 10:08 | |||||
Well, if you are correct about that Mike, and it all evens out. What's all the fuzz about then? Law? What holds up in court? Is that it? Seems to me that following your logic , the downloader ends up buying the same amount of albums. Only difference being that him or her's monthly musicbudget will be spent more wisely. Because now they've already heard the albums they are considering. (This is not saying thast this yargh person the good guy or anything) |
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Over land and under ashes
In the sunlight, see - it flashes Find a fly and eat his eye But don't believe in me Don't believe in me Don't believe in me |
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Wilcey
Forum Senior Member VIP Member Joined: August 11 2005 Location: United Kingdom Status: Offline Points: 2696 |
Posted: May 18 2007 at 10:16 | |||||
The problem with this "try before you buy" philosophy....... is that the majority (an estimated 80%) do the 'try' bit.......and forget the 'buy' bit...... hence the problem.
Some folk get blinded by album lust and download FAR, far more than they could afford to pay for...... If it was like software so that after so many days you got an agravating pop up telling you your download had expired would you like to hand over your bucks to buy it for real now? it would be a more workable system maybe? But right now the winner is the downloader, the loser is the musician. The tables could turn though....... |
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MikeEnRegalia
Special Collaborator Honorary Collaborator Joined: April 22 2005 Location: Sweden Status: Offline Points: 21430 |
Posted: May 18 2007 at 10:23 | |||||
My point is that the artists which the user sampled but did not end up buying albums from are damaged by the downloading. It doesn't even out ... I merely gave an example from my own experience which may not be representative at all. And even if the number of albums is the same (downloaders compared to non-downloaders) then still the downloaders *listen* to more albums ... one point I'd like to make is that whenever you're listening to an album but did not pay for it (and the artist didn't make it available for free) then you're taking something from the artist without paying for it. You can make up for it by purchasing the album later ... but hand on heart - most downloaders only purchase a small percentage of the albums they "sample". |
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MikeEnRegalia
Special Collaborator Honorary Collaborator Joined: April 22 2005 Location: Sweden Status: Offline Points: 21430 |
Posted: May 18 2007 at 10:24 | |||||
Some also simply extend the trying phase to several months or years ... |
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Rocktopus
Forum Senior Member Joined: March 02 2006 Location: Norway Status: Offline Points: 4202 |
Posted: May 18 2007 at 10:33 | |||||
I'll ask again. let's say its correct that people that download albums ends up buying the same amount of albums he or she would have done, if they weren't downloading. Why bother getting so worked up about this issue? This sounds mostly like a positive thing. So what if they listen to more albums than the would have done, if they couldn't have spent more money than they do, anyway. I know its illegal, but forget the law and all that for a while. |
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Over land and under ashes
In the sunlight, see - it flashes Find a fly and eat his eye But don't believe in me Don't believe in me Don't believe in me |
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