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stonebeard
Forum Senior Member
Joined: May 27 2005
Location: NE Indiana
Status: Offline
Points: 28057
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Posted: February 15 2009 at 22:47 |
laplace wrote:
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 |
Yes, yes I would. I would also download the horse to carriagify it places.
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Trademark
Forum Senior Member
Joined: November 21 2006
Location: oHIo
Status: Offline
Points: 1009
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Posted: February 15 2009 at 22:45 |
A bargain compared to t the tongue-lashings I get from others around these parts. The check is in the mail.
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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 22:39 |
Trademark wrote:
Pnoom! wrote:
You're committed to debating the law, which I don't care about.
I'm committed to debating ethics, which it seems you think are superseded by law.
We've hit a dead end and can only go in circles from here.
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 I knew that a couple of pages back, but hey, it's entertainment I don't have to download.
What do I owe you guys? |
I'm suing you for $125,000,000 a post.
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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 22:39 |
Ivan_Melgar_M wrote:
We3l if you don't care about law, what can we say. |
You can commend me for having a strong ethical sense. Also, in most cases that would apply to me, I think the law is ethical, so you don't have to worry about me not following it. 
Just a question...Which ethics you care about, your own, collective ethics or the ethibs of each individual? |
I care about the ethics that are inherent in a social system composed of rational organisms. These apply universally to all rational creatures that exist within society. I can go into more detail on this, but that's an issue for the philosophy thread I started.
Must we accept the ethics of the pro Life guy who feels killing a doctor who practice abortions is ethic? |
Well there are good ethical reasons why a society shouldn't allow vigilante justice, so the issue just reduces to your standard abortion debate.
Or the University owner who prohibits his students to date with people of different races? |
Provided that the university is a private enterprise that all its students choose to attend, then yes, the university owner is not doing anything unethical, even though I disagree with his values.
Only to finish and for your understanding, Industrial Espionage or Industrial Theft is a crime, you don't take any material thing from the industry, just photos or even photos of manuals, maybe not even photos, you can make a drawing of a scheme, and you can go to prison for stealing secrets.
And remember, the owner of the secret hasn't lost anything, he has as many items as before, but it's stealing anyway. |
Now that's a good and accurate analogy. However, it doesn't undermine my point, because, from an ethical standpoint, I wouldn't classify that as stealing. It's unethical and a violation of property rights, but it's not stealing.
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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 22:30 |
We3l if you don't care about law, what can we say.
Just a question...Which ethics you care about, your own, collective ethics or the ethibs of each individual?
Must we accept the ethics of the pro Life guy who feels killing a doctor who practice abortions is ethic? Or the University owner who prohibits his students to date with people of different races?
Only to finish and for your understanding, Industrial Espionage or Industrial Theft is a crime, you don't take any material thing from the industry, just photos or even photos of manuals, maybe not even photos, you can make a drawing of a scheme, and you can go to prison for stealing secrets.
And remember, the owner of the secret hasn't lost anything, he has as many items as before, but it's stealing anyway.
Iván
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Trademark
Forum Senior Member
Joined: November 21 2006
Location: oHIo
Status: Offline
Points: 1009
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Posted: February 15 2009 at 22:24 |
Pnoom! wrote:
You're committed to debating the law, which I don't care about.
I'm committed to debating ethics, which it seems you think are superseded by law.
We've hit a dead end and can only go in circles from here.
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 I knew that a couple of pages back, but hey, it's entertainment I don't have to download.
What do I owe you guys?
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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 22:03 |
You're committed to debating the law, which I don't care about.
I'm committed to debating ethics, which it seems you think are superseded by law.
We've hit a dead end and can only go in circles from here.
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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 21:59 |
Pnoom! wrote:
So, suppose I download an album. Then I delete it from my HD. Am I doing a double wrong because I've destroyed a copy of his work?
No, that's absurd, read the copyright law thjhere's not a lńegal rule that forbids to destroy a copy of a work, the limits are others copyy it, lend it, rent it, play it in public places, etc, but not deleting a copy.,
Suppose I buy a digital copy of the album, then burn a CD of it? Am I doing something wrong, because after all he owns every copy except the one he sold me?
again, read the copyright Law, it's obvious you don't know it very well, if you have a legally bought copy, you are entitled to make a SECCURITY COPIES FOR YOUR PERSONAL USE,. even when RIAA and Sony are trying to change this.
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Better read the copyright law, it's explained clearly for almost anybody.
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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 21:36 |
So, suppose I download an album. Then I delete it from my HD. Am I doing a double wrong because I've destroyed a copy of his work?
Suppose I buy a digital copy of the album, then burn a CD of it? Am I doing something wrong, because after all he owns every copy except the one he sold me?
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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 21:32 |
Pnoom! wrote:
So you're creating something new that belongs to the artist.
The artist still has everything he had before you copied it.
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Again, the artist owns the sequence of notes contained in a musical piece it's intellecttual property, not physiical property, can't be duplicated, if not any artist would clone a song and be no problem saying "it's a new product"
So any copy of his work is his work, and he owns it, the artist doesn't protect the album, protects his intellectual creation.
Iván
Edited by Ivan_Melgar_M - February 15 2009 at 21:34
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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 21:18 |
So you're creating something new that belongs to the artist.
The artist still has everything he had before you copied it.
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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 21:10 |
Pnoom! wrote:
You're not taking it, you're copying it. He still has everything you had before.
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FALSE: Every copy of a musical work IS PROPERTY OF THE COPYRIGHT OWNER.
You don't even own the music in a CD, you own the plastic and the right to use it WITH LIMITS.
If you owned the music, you would have no limits, but you can't upload it, share it, lend it, etc, so it's another person's property you are using, and when you appropriate of one copy, you are apropriating of the property of the artist.
Pnoom! wrote:
Where did I say anything about forcing people to accept my concept of morality? And no, I do not have to accept the law where it is unethical, because the gov't cannot legitimately enforce an unethical law.
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The problem is who are you to decide if something is unethical?
You are forcing your concept of ethic to everybody.
Your ethics are different to the legislator, Judge and probably most people.
Some anti abortionists believe abortion is not ethic and it's moral to kill doctors who practice it....So if we leave everybody to decide what's ethic and whatr not, there would be chaos, so until a law is declared unethic and illegal, it's ethic and legal, because it's writen by an institution with authority
Iván
Edited by Ivan_Melgar_M - February 15 2009 at 21:35
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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 21:09 |
Ivan_Melgar_M wrote:
Pnoom! wrote:
Moreover, I never said it wasn't a crime. I said it wasn't stealing. You're arguing a straw man. |
Legal definition of steal:
The act of taking something away from a lawful owner without that owner's consent and with the taker having no legal right or justification for taking the thing. |
- You are taking the song or album from a lawful owner
- You don't have his consent
- You have no legal right or justification to take that copy.
Ergo, it's stealing. |
You're not taking it, you're copying it. He still has everything you had before.
And yes, you're depriving the owner of his right to gain money with that album, and BTW....The artist used TIME AND MONEY to record that album and you are apropriting of it without paying him for his time, just as you would do with a lawyer or doctor. |
You don't pay the artist for the time they spent, you pay them for the product. And no, I'm not depriving the owner of his right to gain money with that album, because he is just as capable of making money off of it regardless of whether or not I download it.
All I am doing is infringing on his (legal, perhaps also ethical) right to control how it is distributed.
You can say you weren't going to buy it anyway, and so the car thieve can say he wasn't going o buy your Honda, that's not trascendental. |
But in that case, the car company can't sell the stolen Honda. The musician can still sell just as many copies of the downloaded album.
You have the right to question the legality or morality of a law but as long as it isn't revoked, you have to obey it. |
Legally, yes. Ethically, no. Just stating the same thing over and over in bigger font isn't going to convince me to accept your point.
Something is not illegal because you are caught, it's illegal because of the text of the law and the authority of who gave the law. |
And if the law is unethical, then NO ONE has the authority to make it.
You have the obligation while the law is valid, if you don't like it, go to the Supreme Court and ask the inconstitutionality of it. |
A legal obligation, yes, but certainly not a moral one.
You can not force the people to accept your concept of moral, so you have to accept the law. |
Where did I say anything about forcing people to accept my concept of morality? And no, I do not have to accept the law where it is unethical, because the gov't cannot legitimately enforce an unethical law.
You may not have a moral right, but being that the only thing that counts is the LEGAL OBLIGATION; you have to accept it and only fight against it using LEGAL methods. |
On the contrary, in terms of whether or not I'm a good person, the legal obligation means absolutely nothing whatsoever. In terms of being a good person, all that matters is that I behave ethically.
I might follow an unethical law, but the only reason I would do so is that I think the benefits of not following it fail to outweigh the risks of following it.
Edited by Pnoom! - February 15 2009 at 21:09
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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 20:58 |
Pnoom! wrote:
Moreover, I never said it wasn't a crime. I said it wasn't stealing. You're arguing a straw man.
Legal definition of steal:
The act of taking something away from a lawful owner without that owner's consent and with the taker having no legal right or justification for taking the thing. |
- You are taking the song or album from a lawful owner
- You don't have his consent
- You have no legal right or justification to take that copy.
Ergo, it's stealing.
And yes, you're depriving the owner of his right to gain money with that album, and BTW....The artist used TIME AND MONEY to record that album and you are apropriating without paying him for his time, just as you would do with a lawyer or doctor.
You can say you weren't going to buy it anyway, and so the car thieve can say he wasn't going to buy your Honda, that's not trascendental.
Yes. And then I weigh the expected benefits with the expected costs (likelihood to get caught, etc).
You have the right to question the legality or morality of a law but as long as it isn't revoked, you have to obey it.
Something is not illegal because you are caught, it's illegal because of the text of the law and the authority of who gave the law.
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.
You have the obligation while the law is valid, if you don't like it, go to the Supreme Court and ask the inconstitutionality of it.
You can not force the people to accept your concept of moral, so you have to accept the law.
You may not have a moral right, but being that the only thing that counts is the LEGAL OBLIGATION; you have to accept it and only fight against it using LEGAL methods.
Iván
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Edited by Ivan_Melgar_M - February 15 2009 at 21:02
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Henry Plainview
Forum Senior Member
Joined: May 26 2008
Location: Declined
Status: Offline
Points: 16715
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Posted: February 15 2009 at 20:38 |
The T wrote:
We in prog though shouldn't be so anti-downloading (as much as I never do it), because many of our bands are not commercially viable any way, and if they want to get known, a few downloads here and there could lend a big hand.... usually, good fans end up buying the albums they first download.... at least those who still love real hard copies with booklets and prefer more than an ipod dock to listen to their music.... |
Well most of us are old and as such have a fear of technology. ;-)
Once I realized I cannot tell the difference between a CD and a high quality MP3, I stopped caring about buying physical albums. Maybe I need to get better headphones, I don't know.
And for the record, the few times I have downloaded something that was available it resulted in a sale for the artist. I didn't even like Amputechture, but curiousity got the better of me...
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if you own a sodastream i hate you
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debrewguy
Special Collaborator
Honorary Collaborator
Joined: April 30 2007
Location: Canada
Status: Offline
Points: 3596
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Posted: February 15 2009 at 20:35 |
I think you are all just going around in circles. Those who steal won't stop, and haven't stopped because it is illegal. Those who don't steal have no effect or influence on those who do. Ranting about the artist losing money is hypocritical unless you question the current business model used by record labels, especially the major ones. There is a solid case to be made that many acts are able to make a living touring BECAUSE their music has been spread through P2Ps. Not all, but some. And those that can, are also able to finance their recordings without corporate interference as to what should be put out. This is not to say that some acts have not been negatively impacted. But, and this is a bit BUT ... there is rarely a mention of the increased competition for the consumer's dollar. To the ancient media like TV & movies, add DVDs, Video Games (which are in the midst of a boom period), the Web itself, along with products such as IPods, IPhones, and cellphones. THEN, add to the mix that sales were artificially boosted for a 40 year period by the explosion in the late 60s - the emphasis on LPs, the arrival of big money in the industry; then new formats - cassettes & CDs that had people buying Led Zep IV for the 2nd & 3rd time (assuming you hadn't bought it a few times before as your vinyl wore out), followed by an series of major "new" & massively popular genres such as Hair Metal , Grunge, Pop Punk, Boy Bands etc that eventually led to a music biz that acted like every other boom market known to man. Meaning - when the boom goes bust, everyone involved looks for the boogeyman to blame. Reality - music sales are back to normal, where they were until the mid 60s. A very few mega stars, some 15 minute Fads, a number of mid sized acts that have built a lasting career, a lot of smaller acts that make a living, and more that never quite get past recording a few songs, and playing a few gigs.
Answer - forget the arguement if it's stealing or not, moral or not. It's not going away. Take some time to thik of a realistic option where the artist CAN get paid. Maybe not as much as Pearl Jam did in the 90s, or that Tull did in the 70s. But more than Hank Garland, Hubert Sumlin or others did in the pre-historic daysof the music industry. Subscription services. No DRM. You own the music. Burn it, upload it to your IPod, stream it on your computer, to your Stereo, delete it when you want more free space on your PC, download it just for tonight's party, order it up on a whim, whatever, wherever. It's happening in China, in Denmark, in Europe, and rumours abound that Steve Jobs is still pressing and will get this to happen in America within a year or two. It works for Cable TV, it works for Internet access, for phone services and the like. People paying less, but more people paying. And people will pay for a secure, handy, and readily accessible and simple way to do so. Whywait two days for a torrent download ? Why expose your PC to viruses, malware & Spyware through LimeWire and the like ? Heck even Amazon.com has started having daily sales on MP3 albums. Check it out. $9.99 for an album. Uh Uh. Today & today only $3.99. Or $1.99. How can they make money ? VOLUME !!!!!!!
And that folks is what you should be fighting for. A way to give people a legal & reasonably priced choice, a way to get artists a cut of the action that they aren't getting today
P.S. a cursory search of the web will net you articles as to how record labels tried to decrease royalty rates on CD sales back in the mid 80s (new media not included in old contracts) - an album's price goes up by $8-10, the artist's share goes from 74 cents to 81 cents. And the labels did the same thing for MP3 downloads.
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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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Pnoom!
Forum Senior Member
Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
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Posted: February 15 2009 at 20:33 |
I love hard copies, but it's not feasible for me to pay for hard copies of all I want to listen to, so I also buy off emusic, which allows me to get seven or so albums for what would otherwise get me 2-3.
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The T
Special Collaborator
Honorary Collaborator
Joined: October 16 2006
Location: FL, USA
Status: Offline
Points: 17493
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Posted: February 15 2009 at 20:29 |
Henry Plainview wrote:
The T wrote:
So yes, you're breaking a law... |
Did anyone disagree with that? But on the other hand, I'm sure that you don't think someone who watches a live video of a band on Youtube should be fined $125,000, even though that is technically just as illegal... |
I agree that the internet makes it impossible to control these situations.... The question though was regarding the act of downloading which is illegal and could be hurting the artist's best interests.
We in prog though shouldn't be so anti-downloading (as much as I never do it), because many of our bands are not commercially viable any way, and if they want to get known, a few downloads here and there could lend a big hand.... usually, good fans end up buying the albums they first download.... at least those who still love real hard copies with booklets and prefer more than an ipod dock to listen to their music....
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Henry Plainview
Forum Senior Member
Joined: May 26 2008
Location: Declined
Status: Offline
Points: 16715
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Posted: February 15 2009 at 20:26 |
The T wrote:
So yes, you're breaking a law... |
Did anyone disagree with that? But on the other hand, I'm sure that you don't think someone who watches a live video of a band on Youtube should be fined $125,000, even though that is technically just as illegal...
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if you own a sodastream i hate you
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The T
Special Collaborator
Honorary Collaborator
Joined: October 16 2006
Location: FL, USA
Status: Offline
Points: 17493
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Posted: February 15 2009 at 20:20 |
I don't like MP3 or computer based music, I prefer hard copies of everything, this problem I have never had as I never have feel attracted to music stored in a hard drive.
About the issue, I think one's stealing if the artist really produces something for selling it... If a band uploads tracks to the web with no restriction, just to get known, is obvious that being downloaded is actually good for them.
Now, of course uploading tracks from a hard cd to a computer and then downloading them is ILLEGAL. remember, to those who say that downloading the tracks is not illegal because no right is being infringed: the track that you see on the internet didn't just "appear" there. Somebody copied it FROM A COPYRIGHT-PROTECTED CD OR HARD MEDIA (in many cases... except even MORE illegal cases of leaks of unreleased albums). So yes, you're breaking a law... Check the back of a cd... it clearly says "not to be copies, etc, etc , etc".
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