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debrewguy View Drop Down
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Direct Link To This Post Posted: May 17 2007 at 21:30
Originally posted by Rocktopus Rocktopus wrote:

Originally posted by Tony R Tony R wrote:

Originally posted by Rocktopus Rocktopus wrote:

Originally posted by Tony R Tony R wrote:

Originally posted by Rocktopus Rocktopus wrote:

Originally posted by TheProgtologist TheProgtologist wrote:

You all are doing EXACTLY what I asked you not to do.Angry
 
Why does every thread about downloading,even if the thread is dedicated to legal downloading,turn into an argument about the illegality of downloading????


And how is it possible to not see that coming? LOL

That Zoppa guy is the first one I've read here that can't seem to find one negative thing about illegal downloading.

That makes him the first person here who's just as narrowminded as the priveliged, well off fortysomething's who only see things in black and white, shouting: It's illegal! There's nothing to discuss! Bloody thiefs!
 
whenever you post and run like this I just have to laugh....LOL
 
Now how about explaining yourself adequately instead of making smart-ass comments..
 
 


When I jump in and out of this forum its my real life girlfriend I fear, not you. Haven't got more time tonight, but this is what I mean:

Pantagruelcruel's poll

Back tomorrow.

 
wasnt suggesting you "feared" me but you surely must know that this type of posting is pure "troll". Not suggesting you are a "troll" just that one could interpret it that way.
 
Thanks for the link. I understand your postion better now.
 
I dont understand why you have to make your replies personal and thus aggressive seiing as you are quick to point out this failing in others...Smile


I had no idea I was trolling or being aggressive (being a little rude, or pointing out stuff you thought were obvious is allowed, no?), really. I tried to be honest.

'The priveliged, well off fortysomething (+Everyone that's priveliged, of course. Based on reading similar threads there just seem to be a lot of judging going in this age group) should be careful before they say stuff like:

...In my opinion it is NEVER acceptable....  I can honestly say that if I hadn't been so fortunate, job wise, that I still would not have done it - purely on moral grounds.
 
...As for doing it because "it's free". Well you're a bloody thief and I'd like to see all people who steal in this way prosecuted!

This is a quite normal opinion on this topic here and unlike my post, not considered trolling.

Its ignorant, self righteous and it disgusts me.

Try and figure out how its possible to discuss a swedish jazz/fusion album with only 500 ex. printed in '74 and never reissued. With a 16 year old intelligent, kid from some country where there probably doesn't even exist a single original copy of that record. While you either bought your copy when it was brand new, or on ebay for 70 euros (which doesn't help the artist any more than a free download). Try and figure out how the kid got to hear it. You think he wouldn't rather own an original copy himself like you, if he could?
 
Do you want to stay friends or do you want keep judging, even see the kid prosecuted? A thief is a thief is a thief? No way! The world is not that simple a place. Some of you have no idea how many unfortunate youngsters who wisely stays away from all these discussions, you're hurting. This is your new friends. Your young, bright hopes for the future of prog.

(Downloading a new album you can easily find, and afford, is of course wrong)


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.
"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: May 18 2007 at 00:52
Fantastic post Yface1! ClapClapClapClapClap
 
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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Direct Link To This Post Posted: May 18 2007 at 01:10
Amazed to find this re-opened this morning!

Good post Yface1 !
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Direct Link To This Post 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)
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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Direct Link To This Post 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 Wink. 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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Direct Link To This Post Posted: May 18 2007 at 04:01
Originally posted by Certif1ed Certif1ed wrote:

 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 Wink. 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.


thanks, my understanding was a bit ambiguous
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Direct Link To This Post 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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Direct Link To This Post 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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Direct Link To This Post Posted: May 18 2007 at 08:19
Originally posted by Philéas Philéas wrote:

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.


 
 
 
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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Direct Link To This Post 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

Jon Lord 1941 - 2012
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Direct Link To This Post Posted: May 18 2007 at 09:24
Originally posted by yargh yargh wrote:

"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."
 
I am an attorney and you have absolutely no idea what you are talking about.  Intellectual property misappropriation and "theft" (larceny) have nothing in common, are not prosecuted the same way and are simply not the same "crime."  In fact, downloading music "illegally" is not even a crime -- if it was, the RIAA would be turning their private investigations over the police. 

Most file sharing applications work on a peer to peer basis ... when you're downloading a file you automatically offer the file (or parts of it if the download isn't yet complete) to the public for downloading. So even if you immediately move the file to a private, not shared folder once the download is complete, you still offered the file for uploading. So please keep in mind that most people are never "only" downloading.

But they're not (so long as the downloading is not coupled with selling copies like I explained above it may not be coupled with selling copies, but with distributing copies); they are suing people in civil court and offering settlements.  It is absolutely amazing the obscene levels of greed that artists and recording labels have, and their staggeringly arrogant campaign to brainwash the public into analogizing actual theft and copyright misappropriation is appalling.  That there are people stupid enough to swallow it is, unfortunately, no great surprise.

Ok, I have to say that don't sound like any lawyer I ever met ... you rather sound like an ultra left wing socialist.
 
The only person you can "steal" music from is a retailer.

Sorry, but this is nit-picking to the extreme. Infringement of copyright might not be called "stealing", but it has similar ranges of punishment. Theft, fraud, copyright infringement ... those are all similar crimes (you take away something from another person or company).

When you download, you try before you buy.  It's that simple.

It's the simplest and most common *excuse" for downloading, but it's not a valid defense in court.

And more exposure = greater sales to artists.

Sure, most downloaders claim that the downloads introduced them to so much new stuff ... and of course they buy some of these albums. But from my own experience a couple of years ago and from what I know from friends, I'd say that you only buy like 20% of what you download. I think it's safe to assume that hadn't you downloaded anything you would probably have ended up buying the same number of albums. In the end the number of albums you buy each month is much more determined by your budget than by your free access to albums.

I heartily encourage everyone to get as much free music as you possibly can, "legally" or no, so that you can be the most informed consumer possible.

Most bands offer free samples today. You don't need the full album to decide whether to buy it or not ... you also wouldn't request to be able to read a book in full before you purchase it.

I am not advocating that music be downloaded and sold.  I am not advocating downloading for the purposes of building your own electronic musical library in lieu of ever buying a CD.  But the disgusting, shrill, self-serving whining from the artist/label lackeys in here simply must be stopped by reason, logic and an awareness of the world we now live in.

If anything needs to stop then it's people claiming that music should be free. It can't be ... musicians need money to live, and to pay for the studio and other necessary expenses (or they make a contract with a music label which then gives them that money). Of course some artists are incredibly wealthy ... but 99% of our favorite prog artists are not.

These people are the first to want every benefit of participating in commerce and the free market and are very quick to call their music "product," yet they don't want their consumers to treat their wares like a consumer would treat any other product (the ability to try before you buy, to return it if you don't like it, etc.)

Sorry, but like I mentioned above most artists offer free sample tracks, which is more than you can ask. But what puzzles me the most about most people in favor of illegal file sharing is that you draw a conclusion like "they're not offering free samples -> I'm entitled to get these free samples against their will". If you insist on hearing the full album before buying it and they don't make it available to you ... then just don't buy it!
 
Keep whining, corporate shills.  The 21st century is here and there is nothing whatsoever that you can do about it.

The only one who's whining here is you, because you think that musicians should spend their time composing and recording music for free and then give it to you. They are not, which drives you mad ... and I'm feeling so, so sorry for you. CryWink


Edited by MikeEnRegalia - May 18 2007 at 09:37
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Direct Link To This Post Posted: May 18 2007 at 09:28
*duplicate post - removed*Wink

Edited by MikeEnRegalia - May 18 2007 at 09:34
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Direct Link To This Post Posted: May 18 2007 at 09:29
Mike liked what he said so much he had to say it twice.....Tongue


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Direct Link To This Post Posted: May 18 2007 at 09:35
LOL actually it was my internet connection which broke down while I was submitting the post.
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Direct Link To This Post 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
What?
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Direct Link To This Post Posted: May 18 2007 at 10:08
Originally posted by MikeEnRegalia MikeEnRegalia wrote:


When you download, you try before you buy.  It's that simple.

It's the simplest and most common *excuse" for downloading, but it's not a valid defense in court.

And more exposure = greater sales to artists.

Sure, most downloaders claim that the downloads introduced them to so much new stuff ... and of course they buy some of these albums. But from my own experience a couple of years ago and from what I know from friends, I'd say that you only buy like 20% of what you download. I think it's safe to assume that hadn't you downloaded anything you would probably have ended up buying the same number of albums. In the end the number of albums you buy each month is much more determined by your budget than by your free access to albums.


 
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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Direct Link To This Post 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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Direct Link To This Post Posted: May 18 2007 at 10:23
Originally posted by Rocktopus Rocktopus wrote:

Originally posted by MikeEnRegalia MikeEnRegalia wrote:


When you download, you try before you buy.  It's that simple.

It's the simplest and most common *excuse" for downloading, but it's not a valid defense in court.

And more exposure = greater sales to artists.

Sure, most downloaders claim that the downloads introduced them to so much new stuff ... and of course they buy some of these albums. But from my own experience a couple of years ago and from what I know from friends, I'd say that you only buy like 20% of what you download. I think it's safe to assume that hadn't you downloaded anything you would probably have ended up buying the same number of albums. In the end the number of albums you buy each month is much more determined by your budget than by your free access to albums.


 
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)


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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Direct Link To This Post Posted: May 18 2007 at 10:24
Originally posted by prog-chick prog-chick wrote:

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 also simply extend the trying phase to several months or years ... Wink
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Direct Link To This Post Posted: May 18 2007 at 10:33
Originally posted by MikeEnRegalia MikeEnRegalia wrote:

Originally posted by Rocktopus Rocktopus wrote:

Originally posted by MikeEnRegalia MikeEnRegalia wrote:


When you download, you try before you buy.  It's that simple.

It's the simplest and most common *excuse" for downloading, but it's not a valid defense in court.

And more exposure = greater sales to artists.

Sure, most downloaders claim that the downloads introduced them to so much new stuff ... and of course they buy some of these albums. But from my own experience a couple of years ago and from what I know from friends, I'd say that you only buy like 20% of what you download. I think it's safe to assume that hadn't you downloaded anything you would probably have ended up buying the same number of albums. In the end the number of albums you buy each month is much more determined by your budget than by your free access to albums.


 
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)


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".


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.   
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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