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Wilcey View Drop Down
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Direct Link To This Post Posted: May 18 2007 at 10:37
http://www.progarchives.com/forum/forum_posts.asp?TID=37967

We get worked up...... becuase it makes a VERY big difference to record sales. So much of a difference that some bands could be talking about quitting even whilst this debate is going on.
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Direct Link To This Post Posted: May 18 2007 at 10:38
^^ I'll answer again:

The difference is that even if the downloader ends up buying the same number of albums as the non-downloader, the downloader will have listened to many more albums which he/she didn't pay for. Of course you can reason that they wouldn't have had the money to buy those albums, but once you permit this reasoning it can be abused easily ... then you can simply decide that you don't have the money to buy any CD at all, and you simply sample indefinitely without ever buying anything.

I'd like to point out again that today there are many ways to legally sample an album before buying it ... you don't have to download it illegally to get an impression of what it sounds like.


Edited by MikeEnRegalia - May 18 2007 at 10:39
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Wilcey View Drop Down
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Direct Link To This Post Posted: May 18 2007 at 10:41
^it's like ordering ten meals, eating 'em all, and paying just for two...... you end up with eight really angry chefs!
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Direct Link To This Post Posted: May 18 2007 at 10:54
Originally posted by prog-chick prog-chick wrote:

http://www.progarchives.com/forum/forum_posts.asp?TID=37967

We get worked up...... becuase it makes a VERY big difference to record sales. So much of a difference that some bands could be talking about quitting even whilst this debate is going on.


I was mainly challenging Mike's posts.

I don't know about the correct number of sales, loss or anything. I sympathize with all the good people working in music that suffers.

I still want to discuss why many get so hateful and totally loose perspective on this topic. It seems like some people think that everyone in the world could have bought as many albums as themselves. But unlike themselves, all these other people from strange little countries and kids from everywhere, decided to become (bloody) thiefs and hurt poor artists instead.
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Direct Link To This Post Posted: May 18 2007 at 11:01
Originally posted by MikeEnRegalia MikeEnRegalia wrote:

^^ I'll answer again:

The difference is that even if the downloader ends up buying the same number of albums as the non-downloader, the downloader will have listened to many more albums which he/she didn't pay for. Of course you can reason that they wouldn't have had the money to buy those albums, but once you permit this reasoning it can be abused easily ... then you can simply decide that you don't have the money to buy any CD at all, and you simply sample indefinitely without ever buying anything.



That might happen, I guess.

But what I first followed up on where you wrote (that people end up spending the same amount of money on music) sure sounded more reasonable than this new answer on yours.


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Direct Link To This Post Posted: May 18 2007 at 11:23
Originally posted by Rocktopus Rocktopus wrote:


I still want to discuss why many get so hateful and totally loose perspective on this topic.


Where am I getting hateful? I'm totally cool, and not angry in even the slightest way. And I don't understand your criticism of my posts ... please show me where the contradiction is, and I'll try to post an intelligent answer.Wink
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Direct Link To This Post Posted: May 18 2007 at 13:49
^^Sorry. I really didn't mean you. 

I wrote it after this sentence:

I don't know about the correct number of sales, loss or anything. I sympathize with all the good people working in music that suffers. Then comes the: I still want to discuss...part. OK?

I can understand why you thought I meant you. Asking questions about things you write though,  is something else. I must be allowed to to that?

I'be been in several discussions like this many times in the forum. Look at the poll I posted on previous page. That's the kind of aggression I'm talking about.
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Direct Link To This Post Posted: May 18 2007 at 13:55
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.  But they're not (so long as the downloading is not coupled with selling 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. 
 
The only person you can "steal" music from is a retailer.  When you download, you try before you buy.  It's that simple.  And more exposure = greater sales to artists.  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.  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.  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.) 
 
Keep whining, corporate shills.  The 21st century is here and there is nothing whatsoever that you can do about it. 
 
 
You're not much of an attorney - or if you are, then Intellectual Property is clearly not your strong point!
 
If artists want to give away their music, then they will.
 
Taking without asking is stealing - how difficult is that to understand?
 
It doesn't matter if you are eager to help - sometimes people can be too helpful and wreck things.
 
Maybe Ivan can clarify this - he's a lawyer, after all.
The important thing is not to stop questioning.
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Direct Link To This Post Posted: May 18 2007 at 14:41
"You're not much of an attorney - or if you are, then Intellectual Property is clearly not your strong point!"
 
 
If you would like to disagree with my arguments, that's fine, but don't slander my ability as an attorney if you're not even going to make a single counter-argument.  I said nothing, from a legal perspective that is not true:  copyright misappropriation is NOT theft.  One of the first sentences you'll hear in any intellectual property classroom is the standard "you're going to find over the course of the semester that intellectual property is misnamed because it's rarely intellectual and never property."  I shouldn't even have to do this, but since you're so clearly ignorant on all of these issues, I'll bring you up to speed: theft involves the physical taking of an object that belongs to someone else, thereby depriving them of the possession of that object.  Intellectual property is NOT property, it's a set of rights with respect to the creation in question.  Most misappropriations of copyrights are not even crimes, but causes of action in civil courts.  Most criminal liability for copyrights in the US concerns the mass reproduction and sale of bootlegged material.  All real "thefts" are crimes and are prosecuted by the police. 
 
When somebody copies a song, they are not taking that away that song from the author or performer or label.  Nor are they taking their money.  In fact, nothing is taken at all.  The cause of action arises because of lost profits, but this puts the case on similar ground with other economic torts like, say,  the breach of noncompetition clauses in labor contracts.  I am not saying that the *fact* that unauthorized copying is not really "theft" therefore makes it OK -- what I am saying is that, simply, it is NOT theft; the law does not recognize it as theft and the movement to analogize it with theft stems from the entertainment industry, which is a lobby and which seeks to mold public opion by preying on the weak and the stupid and buying Congressmen --characteristics similar to all lobbies.  
 
Copyright laws were not written for the purpose of making sure that artists get compensated.  They were written to balance the public's *inherent rights* (the government's words, not mine) to use and enjoy the creative and innovative fruits of others, with providing an incentive for artists and scientists to create, because society is improved when these fruits are eventually made available to all for free.  Hence, statutory limits on the duration of copyright and patent protections, and the carving out of fairly broad Fair Use exceptions in copyright. 
 
Stop treating copyright misappropriation as theft, and you'll eventually start to think about the issue with some coherence and accuracy. 
 
I'll refrain, at this point, from taking potshots at you personally (as you did to me) but if you leave me no option I can assure you that the exchange will leave you far worse off than it will me.  
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Direct Link To This Post Posted: May 18 2007 at 14:46
That's the same as software is it - if you obtain a copy of, say, Microsoft Vista from an illegal source, then that's fine because it helps Microsoft spread their software around?
 
You're not denying Microsoft a sale?
 
 
How come groups like Led Zeppelin were successfully prosecuted for misappropriating other's songs?
 
 
It doesn't really need saying again, but if I write a piece of music, and someone wants a copy, then I expect them to buy it, unless I voluntarily give a copy away. The music is still MY intellectual property - I wrote it.
 
If they get a copy without my consent it's theft - pure and simple.
 
Originally posted by yargh yargh wrote:

...all sorts of stuff he got from the classroom...
 
I'll refrain, at this point, from taking potshots at you personally (as you did to me) but if you leave me no option I can assure you that the exchange will leave you far worse off than it will me.  
 
I do not appreciate your threats - empty as they are. This is probably for the admins to deal with.


Edited by Certif1ed - May 18 2007 at 15:00
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Direct Link To This Post Posted: May 18 2007 at 14:49
People will probably realize how wrong they were in downloading illegally when no more recording artists will be around to make that which we love so much...
 
It's just so human and predictable to learn when it's too late.
"One likes to believe in the freedom of Music" - Neil Peart, The Spirit of Radio
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Direct Link To This Post Posted: May 18 2007 at 14:58
"That's the same as software is it - if you obtain a copy of, say, Microsoft Vista from an illegal source, then that's fine because it helps Microsoft spread their software around?
 You're not denying Microsoft a sale?"
 
Computer software should not even fall under the copyright statute.  The courts were bought off in the Apple vs. Franklin case to assure that.  Furthermore, comparing computer software to CDs is comparing apples and oranges; I'm not making the argument that what I am saying about music applies to computer software. 
 
 
 
"How come groups like Led Zeppelin were successfully prosecuted for misappropriating other's songs?"
 
Led Zeppelin was never prosecuted for misappropriation.  They were sued.  This is the third time you have botched the difference between a crime and a lawsuit.  Considering that you can't even grasp this most basic of legal principles, it should be apparent to all that you have no credibility whatsoever to denigrate my own knowledge of these issues.
 
You have yet to counter a single one of my arguments with a fact.  If you'd like to continue to be horsewhipped in this discussion, by all means continue to reply!
 
 
 
 
 
 
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Direct Link To This Post Posted: May 18 2007 at 15:04
Yes, do it again, big boy!
 
You're almost convincing.
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Direct Link To This Post Posted: May 18 2007 at 17:39
Originally posted by Melomaniac Melomaniac wrote:

People will probably realize how wrong they were in downloading illegally when no more recording artists will be around to make that which we love so much...
 
It's just so human and predictable to learn when it's too late.

Apart from the BIG names, I believe that accounting records will show that it is mainly the record labels that are being "hurt" financially. You don't have to go too far down the success ladder among musicians to find one that can claim to not be satisfied with his royalties as determined by the label. And for the labels, illegal downloading is just a ready made excuse to blame for declining sales. There is no mention whether CD sales boosted the totals when they were brought out in the 80s (buying Zep IV & Floyd the Wall for a 2nd or 3rd time), then the big trends that have also contributed to higher sales - Hair Metal, Michael Jackson, Grunge, Pop Punk, Boy Bands, Chick slut dance whatever. And of course, the never ending re-packaging of perennial sellers in various remixes/remasters/expanded/XXth anniversary etc editions. It would seem logical that if you're selling the same album over & over again, there comes a point that there is nothing new to offer to entice the consumer to buy it an Nth time. I'm an AC/DC fan, but having bought the LP, cassette, 16 bit original CD issue, then the 20 bit remasters, I quit buying the latest remasters after I picked up Highway to Hell and saw no difference from the previous "remaster" . I did see Malcolm Young quoted as saying that the latest ones were "louder", but then I do have a volume control on my stereo.
So you come to the point where you're relying on new releases for those big numbers & all of a sudden they're not delivering the 10 000 000 copies any more for a blockbuster, but just 4 000 000. But no one wants to admit that the market is so split among many niches, and that the "mainstream" hits just aren't there anymore. The next big trend will not be a BIG trend. It is the niche, it is the acts that are consistently selling 100 000 or more of all their albums & able to build a long term career in music by making sure that their fans are respected, i.e. releasing the music that the band wants to do, not the accountants & consultants. Could you see a suit telling Phish that they would need a 3 minute "hit" single to become successful ? Or a radio programmer telling Robert Fripp to make his band sound more like Tool to get a little bit of airplay ?
So it's quite easy to say that illegal downloads are bad or theft. But don't tell me that most musical acts are getting shafted any more than usual by the labels. "cause if they're signed to a major, chances are that the corporate lawyers spend more time putting up roadblocks on any attempt to collect back royalties than ensuring that the actual "music makers" are properly paid what is owed them.
Again, I'll mention the Bob Lefsetz news letter. When you read that a guy like Steve Lukather who's been in a successful group like Toto,  gets most of his income from session work & concerts, you wonder how many albums you need to sell to get a penny out of the company pockets.
So if you're arguing about whether it's right or wrong, at least know who is really being hurt. Then check out Chuck D's opinion as to whether Public Enemy are better off as being independant or under a major label's thumb. Prog or not, the guy speaks to the reality of things.
"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 19:56
Closed,and will not be re-opened because of an issue with the topic creator,not because of the discussion.

Edited by TheProgtologist - May 18 2007 at 19:57


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