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No, the defining feature of file swaps is that you're swapping files. If you have the permission of the copyright holder then it's perfectly legal to swap those files via p2p.

etree furthurnet Live Music Archive

Ok, this is what I thought the OP was referring to. Etree has a mailinglist with a bunch of ftp servers with "taper friendly" only music. There's also the Live Music Archive serving legal downloads through http, and Furthurnet which is P2P whitelisted for taper friendly bands. As a side note the hendrix estate has been gracious enough to permit "liberation" of old bootlegs. There are 8 or so shows on furthurnet, that alone makes it well worth the effort imho.

Furthurnet for one provides free legal lossless music downloads. Archive.org is loaded with fun stuff to saturate your pipe with. Perhaps I want to send digitized home movies to my parents across country, or doing the webcam thing. Maybe I run gentoo. Just because you can't think of good uses for your bandwidth doesn't mean there aren't any.

Phish sells FLAC downloads on LivePhish.com. Hundreds of artists have free music available at The Live Music Archive or Furthurnet. If you want reasonable access to music, patronize artists who haven't sold their soul. Besides, mp3 is old technology. Ogg does it better and is free.

If you listen to a lot of live music, you need high quality compression. Live music sources often have a lot of crowd noise. Compressing the crowd noise means you can't compress the music as well. Lossy stereo coupling can add artifacts when there's a lot of noise. Also, the acoustics in a concert setting are different from a studio. From my experience q6 ogg is the minimum necessary for good sound. That's roughly 192kbps. But really, until somebody tweaks a codec for the peculiarities of live audio, lossless is the way to go.

P.S. See furthurnet, etree and The Live Music Archive. For tons of high quality live audio from many of todays best bands. (Phish, Medeski, Martin, and Wood, Particle, Yonder Mountain String Band, and lots lots more.

And what if you want to play vorbis, FLAC, or shorten? 99.9% of the music I listen to is in one of these formats. Yeah, that's one song in a thousand. That's the beauty of etree and FurthurNet. Anyway, I've been looking and it appears that the xbox is the way to go.

Don't really see a problem with this, as long as it is not sold as bootlegs. The artist/band will probably never release the concert anyway. Btw.. head out to FurthurNet for some real live music sharing in great quality (Shorten format!)