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Poll Question: Is it right to download music for free without the artist's consent?
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24 [41.38%]
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darkshade View Drop Down
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Direct Link To This Post Posted: February 16 2009 at 20:42
i cant wait until 5 or so years from now when we'll be saying how much of a big deal illegal downloading was, when an even BIGGER problem will be going on.

also with illegal downloads, the concept of "Rock Stars" is dead, though im sure many here already knew that
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Direct Link To This Post Posted: February 16 2009 at 20:50
Originally posted by darkshade darkshade wrote:

i cant wait until 5 or so years from now when we'll be saying how much of a big deal illegal downloading was, when an even BIGGER problem will be going on.

Care to speculate? Big smile
Released date are often when it it impacted you but recorded dates are when it really happened...

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Direct Link To This Post Posted: February 16 2009 at 21:27
Originally posted by darkshade darkshade wrote:

also with illegal downloads, the concept of "Rock Stars" is dead, though im sure many here already knew that


Preeeeeeeeeetty sure the two aren't correlated.
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Direct Link To This Post Posted: February 16 2009 at 21:31
Originally posted by Dean Dean wrote:

Jaywalking laws are to prevent young kids from copying a dangerous activity, "illegal" spaces are to allow access for disabled drivers or emergency services - those two particular examples are not one I would purposely flout, but I'm sure we can find some that I do. However, that isn't really the point. I also happen think that downloading copies of Out Of Print albums is both immoral and unethical because the solution is to campaign and petition for those albums to be released legally, but my stating that would never convince anyone to share my view.


And we're at an impasse, as usual with these types of discussions.

Not convinced that jaywalking laws were passed with that purpose in mind - they're for everyone's safety.

And by illegal parking spaces, I simply meant places where cars aren't technically supposed to go - please don't assume I park in handicapped spaces, that is something I find immoral.

My point is I don't always obey every law:  in almost every case I try to, but there are times when I do not.  Everyone is free to take away from that whatever opinion of me that they wish.


Edited by NaturalScience - February 16 2009 at 21:34
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Direct Link To This Post Posted: February 16 2009 at 21:32
Originally posted by NaturalScience NaturalScience wrote:




It boils down to what one thinks the scope of copyright should be - should an artist have unconditional control over the work in perpetuity?
 
Not for perpetuity, but I believe it's 90 yeards from the date of release.
 
But of course they should, why?
 
If you own a house, you are entitled to leave it to your kids, if you CREATE something, it's your property just as the house, property can't be limited, so yes, they are entitled.
 
But mostly for other reasion, according to some laws, the Producer or label own the album for the first 20 years, it's the case of Rick Wakeman, A&M owned the rights of No Earthly Connectrion and Criminal Record according to contractual agreement.
 
A&M had no interest in releasing the albums again so Rick asked them to allow him to release them with his own money, A&M said no, so Rick had to wait two decades to really receive some benefits from his work.


Basically take an album out of print - should the artist have the right not to make it available to anyone? 
 
You can buy a car and leave it in the garage for decades, why can't you stop your creation from being used, maybe the artist doesn't want to be remembered by that album.
 
Remember something HE OWNS THE MUSIC, if you own something you can use it, sell it or destroy it, it's your right.


Copyright, patent, and trademark law arose to encourage innovation and to protect intellectual property - but did it ever mean to come to this?
 
Of course, nobody has the right to tell me what to do with something that is mine.

I'm fine with people that feel that downloading is wrong, no matter what.  I'm just saying my main concern is the artist.  If there's a way to acquire the album such that the artist gets compensated, I'll take that approach over an (illegal) download every time- if such a way does not exist, my conscience is clear about obtaining it in another way.
 
There are different ways an artist gets compensated, sometimes and specially in a non popular genre as Prog, the artist signs a contract to receive some amount of money for certain number of albums (Remember that ELP had signed a contract abnd was forced to release Love Beach, so this guys released a sub standard album and was crap, I'm sure Atlantic would rather leave them free), then the label takes the risk, if the album is not popular, they loose their investment.
 
Some artists resign to their royalties of studio albums, but keep the right to release live versions (I believe that in Germany this is not allowed).
 
Laws have a logic, not just absurd rules placed without a reason.



Edited by Ivan_Melgar_M - February 16 2009 at 22:13
            
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Direct Link To This Post Posted: February 16 2009 at 21:48
Originally posted by Ivan_Melgar_M Ivan_Melgar_M wrote:

Originally posted by NaturalScience NaturalScience wrote:




It boils down to what one thinks the scope of copyright should be - should an artist have unconditional control over the work in perpetuity?
 
Not fopr perpetuity

Why not?  If the reasons is valid for 90 years, why not forever?  See your house argument below.  I could keep my property and pass it down to my descendants ad infinitum - why not so with a creative work?

but I believe it's 90 yeards from thje date of release.
 
But of course they shhould why?
 
If you own a house, you are entitled to leave it to your kids, if you CREATE something, it's your property just as the house, property can't be limited, so yes, they are entitled.
 
But msotly for other reasion, acciording to some laws, the Producer or label own the album for the first 20 years, it's the case of Rick Wakeman, A&M owned the rights of No Earthly Connectrion and Criminal Record according to contractual agreement.
 
A&M had no interest in releasing the albums again so Rick asked them to allow him to release them with his own money, A&M said no, so Rick had to wait two decades to really receive some benefits from his work.


Basically take an album out of print - should the artist have the right not to make it available to anyone? 
 
You can buy a car and leave it in the garage for decades, why can't you stop your creation from being used, maybe the artist doesn'tt want to be remembered by that album.

Echoing many other previous arguments, if someone were to steal my car, despite the fact that I store it and don't drive it, I would still be deprived of the car.  The artist who refuses to re-release an album is not making any money off it in the present, and a download of an album would effect his situation not in the slightest.
 
Remeember something HE OWNS THE MUSIC, if you own something you can use it, sell it or destroy it, it's your right.

Of course, and I can't dispute that he holds the rights of distribution to his own music - as I've said, no one here is disputing the illegality of downloading without consent, and (I think) everyone recognizes the artists right to his/her own work.

As for not wanting to be remembered for an album, well, I think that would be an exercise in futility, as copies do exist, and trying to turn the clock back on history never works.  Information wants to be free, as it were.



I actually think this thread's gone rather well, better than any on the subject I've seen in my time here.
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Direct Link To This Post Posted: February 16 2009 at 21:50
So the gate is open, and we're arguing about what should be done to make sure the horses that have escaped do not do so again ... if we get them back in the first place ...

The arguement is pointless.

The true debate should be how do you use this technology to pay the musicians now. Not based on what was the business model 10 years ago. But what is the reality now. And that is the debate that is still not of interest to the major labels. Because they know that it will mean CEOs having to do without personal jets, platinum expense accounts, and million dollar bonuses. And that also means that many musicians will have to work at their career as if it was a business. Which it is. Money is needed to finance, revenues are expected to exceed expenditures. If this happens, you decide whether there is enough "profit" for you to want to continue.

But in the end, the unlimited subscription model is here. All that remains are the rest of the dominoes to fall. And so enable artists to get their share. And music fans to get their music. Securely, conveniently, and fairly priced. period.

"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 16 2009 at 22:14
Moral cultural relativism.

My mind is an independent culture.

You have no business telling my mind what is moral.

Not that you even can, because morals are subjective in this case.


Ahh. Solace in bad reasoning. Smile
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Direct Link To This Post Posted: February 16 2009 at 22:25
Originally posted by NaturalScience NaturalScience wrote:



Why not?  If the reasons is valid for 90 years, why not forever?  See your house argument below.  I could keep my property and pass it down to my descendants ad infinitum - why not so with a creative work?

I'm not saying 90 years is the correct choice, just mentioning what the law says, only that.


Echoing many other previous arguments, if someone were to steal my car, despite the fact that I store it and don't drive it, I would still be deprived of the car. 
 
Because one of the rights of the owner is to destroy his property, you can't limit his right to stop new releases of his album that's one of the atributes of property, as simple as that.
 
The artist who refuses to re-release an album is not making any money off it in the present, and a download of an album would effect his situation not in the slightest.
 
He wants to stop the release, he's entitled to, it's his work, he created it, he can destroy it , or at least stop more releases,


Of course, and I can't dispute that he holds the rights of distribution to his own music - as I've said, no one here is disputing the illegality of downloading without consent, and (I think) everyone recognizes the artists right to his/her own work.

One of his rights is to avoid releasing it, you can't limit the rights of property. You have a right to your image, if the artist wants to keep his image away from that album, who are we to order him to release it again. 

And wy should anybody make money with his work?
 
As for not wanting to be remembered for an album, well, I think that would be an exercise in futility, as copies do exist, and trying to turn the clock back on history never works.  Information wants to be free, as it were.

Well, it's his right to try to do it...How many albums have been released in such small numbers that no copies are availlable?

If it's futile or not, is irrelevant, he doesn't want that album to be released again that's all that matters,
because the only truth is that it's his creation and he can do whatever he wants with it without limits except those imposed by laws, and you can't deprive him of that right.
 
We are not talking about material property, we are talking about intelectual property, with ddifferent realities, but the same rights and atributes of property.
 
Iván



Edited by Ivan_Melgar_M - February 16 2009 at 22:28
            
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Direct Link To This Post Posted: February 16 2009 at 22:28
Originally posted by stonebeard stonebeard wrote:

Moral cultural relativism.

My mind is an independent culture.

You have no business telling my mind what is moral.

Not that you even can, because morals are subjective in this case.


Ahh. Solace in bad reasoning. Smile


I was about to say. LOL
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Direct Link To This Post Posted: February 16 2009 at 22:31
Natural Science:

Property rights do wear out over time.  For example, if a company leaves its railroad cars on the tracks for a year, and some homeless people start living in them, after a while, the homeless people gain property rights over those railroad cars.

I can't convey it any better than that, but that's what my philosophy professor is currently working on.  It's fascinating stuff.
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Direct Link To This Post Posted: February 16 2009 at 22:52
Originally posted by Pnoom! Pnoom! wrote:

Natural Science:

Property rights do wear out over time.  For example, if a company leaves its railroad cars on the tracks for a year, and some homeless people start living in them, after a while, the homeless people gain property rights over those railroad cars.
 
Of course IN SOME STATES, there's a prescription term DECIDED BY THE LAW, for example in UK is 12 years if I'm not wrong, that was decided by the Parliament, in my country is 10 years in some cases.
 
Quote Acquisitive prescription is a method of acquiring property by meeting statutory requirements of continuous possession, which vary by state. In order to ripen into ownership, possession must be in the role of an owner, public, peaceful and uninterrupted. Thus, mere possession by legal title, such as by a trustee, a lessee, an agent or a pledgee, not being in the role of an owner, cannot ripen into ownership by acquisitive prescription, unless the legal relation is first expressly repudiated and such repudiation has been communicated to the other party. Possessory acts due to license or by mere tolerance of the owner would likewise be inadequate. Possession, to constitute the foundation of a prescriptive right, must be adverse; if not, such possessory acts, no matter how long, do not start the running of the period of prescription.
 

But doesn't work everywhere in the case of the train example:
 
Quote For example, in Louisiana, the requisites for acquisitive prescription of ten years are:
  1. possession for ten years;
  2. good faith
  3. just title and
  4. a thing susceptible of acquisition by prescription. La. Civ. Code art. 3475.

The party pleading acquisitive prescription typically has the burden of proving the necessary elements.

http://definitions.uslegal.com/a/acquisitive-prescription/ 

 Being that in Louisiana you require just title and good faith, the person who lives in a train wagon that knows is not his property, doesn't have just title or good faith.  Maybe there's a longer term for posesion without just title and good faith, but I'm not a Louisiana lawyer, so I can't say that.
 
Now in the case of Copyright, the countries who signed the Berne Convention have agreed to grant the right to the author of exclusive property for a longer term:
 
Quote BERNE CONVENTION FOR THE PROTECTION OF
LITERARY AND ARTISTIC WORKS (Paris Text 1971)

(1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form.

 
And also granted that right, even after his death, for a term not inferior to 50 years after the death of the author:
 
Quote BERNE CONVENTION FOR THE PROTECTION OF
LITERARY AND ARTISTIC WORKS (Paris Text 1971)
 
(1) The term of protection granted by this Convention shall be the life of the author and fifty years after his death.
 
(6) The countries of the Union may grant a term of protection in excess of those provided by the preceding paragraphs.
 
 
 It's not a country, it's not an inmoral Government, it's a Convention signed by almost every country in the world who decided to grant such a long term (except in the case of countries who had a shorter period before signing the Convention)
 
I can't convey it any better than that, but that's what my philosophy professor is currently working on.  It's fascinating stuff.
 
Well, we learn about prescription in the first year of laws, any student knows that.
 
Iván



Edited by Ivan_Melgar_M - February 16 2009 at 23:15
            
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Direct Link To This Post Posted: February 16 2009 at 23:27
Once again, I'm talking morals.  Yes, I used a real example, but I chose it specifically because the law agreed with the way I view morality.

It's not productive for you to respond to all of my points about morals with points about what the law says.
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Direct Link To This Post Posted: February 16 2009 at 23:32
It's not productive to try to sell us your morals, what is moral for you, may not be moral for me.
 
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Direct Link To This Post Posted: February 16 2009 at 23:38
Originally posted by Ivan_Melgar_M Ivan_Melgar_M wrote:

It's not productive to try to sell us your morals, what is moral for you, may not be moral for me.
 
Iván


Well then that would seem to indicate that there is a problem with one or both of our morals, and the only way to resolve the dispute is to debate the merits of each view.

In that case, the only reason it wouldn't be productive for me to try to "sell us your morals" is if people are too stubborn and close-minded to consider opinions outside of their comfort zone.  That's probably true, at least in some cases, but there are some people who are willing to engage in civil debate and it is productive to debate with them.

Also, I almost always learn something if I debate my ethics with someone, and that allows me to refine them, in which case it's hugely productive for me.

Moreover, Natural Science specifically said he was talking about morals, meaning that my response was entirely appropriate and clearly desired by him, since it was part of the discussion he wanted to have.
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Direct Link To This Post Posted: February 17 2009 at 00:02
Forums are very useful to debate morals, but when you have to put order in a society, you need LAWS, which are the only tangible expression of the morality of a community.
 
You can't get a rapist and killer and start to debate if it's moral to send him to prison or to the gas chamber, there must be a pre-existent law that decides that and warns the criminal...If you rape and kill you will die or go to prison.
 
We can talk for years about abortion and i'm sure that both sides will have stubborn representatives saying its' moral or inmoral, so you need a law that expresses the ethics of that community.
 
Maybe you believe downloading is moral, I don't, then we need a common law to tell us what we can an can't do.
 
And at the end if a law is inmoral, it will be changed sooner or later, because peopel will make the change possible, so it's the expression of the ethibcs of a community
 
BTW: I read Natural Science posts and don't get that impression, and even if he agrees 100% with you (something I'm not sure), you have your position, I have mine, you can express your's, so I can with mine.
 
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Direct Link To This Post Posted: February 17 2009 at 00:05
Well, obviously choice 2 is fine.  I don't believe illegal downloads are killing music, though it isn't completely helpful either.  The music industry is killing itself due to greed, poor choices, poor marketing, poor artists, poor people, dumb people, and resistance to change.  Not that I'm all for jumping in the change boat, but times do indeed change and if the boat leaves and you aren't there, its your own fault for missing it.

I'm not for downloading though personally (be it legal/illegal), I prefer the solid object that has better sound and experience to junk digital files.  But if I have to hear an out of print album and I can't find the LP or CD (for a reasonable price) then yes I will download it.  
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Direct Link To This Post Posted: February 17 2009 at 00:12
Originally posted by Ivan_Melgar_M Ivan_Melgar_M wrote:

Forums are very useful to debate morals, but when you have to put order in a society, you need LAWS, which are the only tangible expression of the morality of a community.


You need laws to enforce morals.  Morals are not relative to the community.
 
Quote You can't get a rapist and killer and start to debate if it's moral to send him to prison or to the gas chamber, there must be a pre-existent law that decides that and warns the criminal...If you rape and kill you will die or go to prison.


Yes, because those are easily two of the most obviously immoral things you can do.  There's no debate to be had.  The immorality of those is common knowledge, and any successful moral theory must fit within those constraints.
 
Quote We can talk for years about abortion and i'm sure that both sides will have stubborn representatives saying its' moral or inmoral, so you need a law that expresses the ethics of that community.


Nope, you need a leader who understands the arguments and will make a decision based on the best secular argument there is.
 
Quote Maybe you believe downloading is moral, I don't, then we need a common law to tell us what we can an can't do.


And we can only establish that law by first figuring out, to the best of our knowledge, what is moral in the first place.
 
Quote And at the end if a law is inmoral, it will be changed sooner or later, because peopel will make the change possible, so it's the expression of the ethibcs of a community


Maybe it will be changed, but it holds no weight and cannot be legitimately enforced if it's immoral.

There is no such thing as the "ethics" of a community.  A community can have traditions and values, but not ethics.
 
Quote [BTW: I read Natural Science posts and don't get that impression, and even if he agrees 100% with you (something I'm not sure), you have your position, I have mine, you can express your's, so I can with mine.


I was referring to a post where he explicitly stated that he wanted to discuss morals.  However, I might be mistaking him for someone else.

Anyway, I'm not saying you can't respond to him with the law, and if he wants that, it's ok.


Edited by Pnoom! - February 17 2009 at 00:13
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Direct Link To This Post Posted: February 17 2009 at 02:58
Originally posted by NaturalScience NaturalScience wrote:

And we're at an impasse, as usual with these types of discussions.

Not convinced that jaywalking laws were passed with that purpose in mind - they're for everyone's safety.

And by illegal parking spaces, I simply meant places where cars aren't technically supposed to go - please don't assume I park in handicapped spaces, that is something I find immoral.

My point is I don't always obey every law:  in almost every case I try to, but there are times when I do not.  Everyone is free to take away from that whatever opinion of me that they wish.
Jaywalking laws were passed for various reasons, however the since Jaywalking is not illegal in the UK reason I use for not doing it is to set a good example to children. In Germany:
(Only on Green is best for [the sake of] the Children)
 
 
You never clarified what you meant by illegal parking - handicapped zones are just an example, I never implied you did it, I just said I don't, however the fact you find some examples of illegal parking immoral does emphasise you do pick and choose which laws to break based on your own conscience, so that's consistent I guess Wink
 
These laws are not parallels to the cases of downloading anymore than murdering an abortionist, burning a witch or lynching a rapist are.
What?
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Direct Link To This Post Posted: February 17 2009 at 03:54
I've found this a very interesting debate........... on many levels.

One thing that seems to have been overlooked as we discuss what is "right" or "wrong" for the end user to do, is the respect of the wishes of the artist.
Some artists put stuff up for free downloading with a "fill yer boots" attitiude, some say "please do not download my work illegally"  I think in these cases it's important to respect what the artist says.
Some folk have spoken about "having to hear" it's music, it's not a rabies shot, it's not milk for your child. It's music. It's important to stop and think,and put it back into perspective.  If an artist has asked you not to take his work illegally under what circumstances would you find it aceptable to do so, at what point do you decide disrespect his wishes whilst enjoying the fruits of his labour? 


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