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Legal Issues Don't Bother American Downloaders

An anonymous reader writes "Ipsos-Reid has released its latest research on file trading. Bottom line, the great majority of users do not believe they are breaking the law. Only 9% feel there is anything wrong with their actions. With 40 million Americans identified as active file traders this is indeed stirring information, though not surprising. Another stat, 73% of US downloaders report that their motivation for trading was to sample music for later purchase. You can see the charts and original press release here."

619 comments

  1. Released by a Reputable News Source by Scoria · · Score: 5, Funny

    After submitting data, participants were rumored to have disappeared. When approached by reporters, Hilary Rosen stepped outside of her Mercedes sedan and emphatically responded, "The result of this survey was entirely unexpected and blatantly anti-American. Like, who would've thought?" Screams emanated from her automobile, but Rosen was quick to assure her interviewers that they were merely products of her favorite Mafia films. Jack Valenti was hesitant to comment.

    --
    Do you like German cars?
    1. Re:Released by a Reputable News Source by Anonymous Coward · · Score: 0

      You made a very interesting point. The fact that someone COULD actually think it is (anti|un)-american to get the best quality of music for the best possible price. WHEN in fact I thought this was what being a american was all about.

      So if I may make a call to arms for every american to continue to do what they feel as right in protest to all those who think they can dictate what actions are american.

    2. Re:Released by a Reputable News Source by k-0s · · Score: 1
      You made a very interesting point. The fact that someone COULD actually think it is (anti|un)-american to get the best quality of music for the best possible price. WHEN in fact I thought this was what being a american was all about.


      Oh great, another reason why I'm un-American. Between eatting French Fries, French Toast, French Kissing my girlfriend, being a Democrat and now this I'm a freaking terrorist.
    3. Re:Released by a Reputable News Source by Anonymous Coward · · Score: 0

      Free isn't a price.

      Either pay for it or there will be no product. Period.

    4. Re:Released by a Reputable News Source by Anonymous Coward · · Score: 5, Interesting

      Laws are made by the people. If 93% of the people think this is right, maybe the laws should be changed.

    5. Re:Released by a Reputable News Source by mythr · · Score: 2, Insightful

      Don't worry; being a Democrat is not un-American. It's just stupid. The same, however, is true of being a Republican. Think for yourselves, people!

    6. Re:Released by a Reputable News Source by Anonymous Coward · · Score: 0

      Support the boycott! Stop sharing german and french products!

    7. Re:Released by a Reputable News Source by rilian4 · · Score: 1

      Oh really? Then how would you explain the phenomenon otherwise known as Linux? Very free yet damn what a product...

      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
    8. Re:Released by a Reputable News Source by k-0s · · Score: 1

      I'm a Democrat because it's the lesser of the two evils. If you're going to say vote Green then sorry but I'm having trouble seeing Nader in the White House. The guy has run more times then Carl Lewis (the gold medal sprinter, get it, ha ha, whatever). Plus, I have trouble voting in a guy whos crowning achievment thus far has been putting tags on my pillows and bed telling me not to rip off this tag, whats up with that tag anyways?! It mocks me..."You can rip me off, nah nah nah nah nah nah" ARGGHHHHH!!! hahaha.

    9. Re:Released by a Reputable News Source by Anonymous Coward · · Score: 0

      The lesser of two evils is still evil.

      I don't support Bush. That doesn't mean I support Saddam - I don't support Saddam either.

      Why should I support one evil just because I don't support another?

    10. Re:Released by a Reputable News Source by Anonymous Coward · · Score: 0

      Free is the best price, and downloading music off P2P programs in the best possible price/quality ratio. This is exactly what the RIAA must compete with. and if they don't compete with a better price/quality ratio. If they are unable to compete maybe the product they offer should be no more.

    11. Re:Released by a Reputable News Source by Anonymous Coward · · Score: 0

      If your not with me, your aginst me, and that means your a terrorist and must be incarserated for the rest of your life without trial.

      George DubbaU Bush

    12. Re:Released by a Reputable News Source by Daetrin · · Score: 2, Insightful
      Laws are made by the people. If 93% of the people think this is right, maybe the laws should be changed.

      RTFA. Just to be nitpicky, the number you're looking for is 91%. "US downloaders feel that file trading activities are benign. Only 9% thought that file trading was wrong." However, that's out of US downloaders, which earlier they stated to be "almost one-fifth of the US population over 12."

      Needless to say i would expect to see some correlation between people who choose to download music and people who think it's morally okay to do so. It's possible that the other 4/5ths of the population all think d/ling music is horribly wrong. Admitedly that's not too likely, but at least a fair number of them may think so, enough to counterbalance the 91% of downloaders who think it's okay. Your statement is like saying that 95% of muggers polled thought that beating people up to take their money was okay, so perhaps it should be made legal.

      --
      This Space Intentionally Left Blank
  2. In time, and in theory, by Anonymous Coward · · Score: 1, Insightful

    Democracy will work this out and it won't be illegal anymore.

    1. Re:In time, and in theory, by ciroknight · · Score: 2, Insightful

      Musicians that hit it well (and therefore what most people listen to) are used to making hundreds of millions of dollars, more than most people see in their lifetimes. I don't think that filesharing is going to bankrupt them any time soon just as long as they keep selling cds and do their thing the best they can

      --
      "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
    2. Re:In time, and in theory, by ergo98 · · Score: 1

      Hahahahaha.

      And I'll bet the majority of people would rather not pay taxes either.

    3. Re:In time, and in theory, by Anonymous Coward · · Score: 1, Insightful

      Oh ya that's right before recorded audio music didn't exist.

      I forgot.

    4. Re:In time, and in theory, by Anonymous Coward · · Score: 0

      People pay taxes because they realize they are getting something for their money: Defense, education, etc. And, when people don't think their tax money is being used efficiently, they often do work to change things.

    5. Re:In time, and in theory, by nfg05 · · Score: 5, Insightful
      Musicians that hit it well (and therefore what most people listen to) are used to making hundreds of millions of dollars, more than most people see in their lifetimes. I don't think that filesharing is going to bankrupt them any time soon just as long as they keep selling cds and do their thing the best they can
      That is why its the record companies fighting to the death to destroy filesharing. The RIAA talks about artists benig hurt because people sympathize for them, not record company CEO's. Artists aren't going to be hit hard if the music industry is drastically changed and the middlemen are cut out, record companies are. All that being said though, even if the record companies are cut out of the equation artists still aren't going to be real fond of people trading their stuff around for free, but I think they will be supportive of p2p (for a price) and using the internet to distribute their music.
    6. Re:In time, and in theory, by bluxus · · Score: 2, Insightful

      True enough. It is really a pretty elitist sort of occupation, at least to be considered some kind of "mega star" recording artist. Those types will persist and should really not feel much pain from people trading their stuff. I mean, they've got huge venues they can fill, lots of exposure, lots of money coming in from all over the place. The people who may suffer, the "small time" musicians, the people who actually make good music, don't really make much money from it anyway. They have smaller fanbases, exist in a more intimate creative space, and seem to enjoy it. Their intent is quite a bit different, I think, than a Britney S. I suppose that the music made by certain people is also not for everyone, where as the Britney S. stuff is apparently filling that great "need" for some kind of comsumer homogeneousness...ahhhhhh, shit...i agree with you is what i mean to say. Good point.

    7. Re:In time, and in theory, by pyrote · · Score: 1

      I'm betting that after RIAA takes their cut the handouts would be better.

      --
      THE WORLD IS GOING TO END!!!! eventually.
    8. Re:In time, and in theory, by Scott+Hale · · Score: 1

      Or the corporations will work democracy out and this will remain illegal.

    9. Re:In time, and in theory, by FCAdcock · · Score: 5, Insightful

      No, actually people pay taxes because they face fines or jail time if they do not. People pay taxes because they are forced by the government to pay taxes. The average American does not think "Wow, I'm so glad that this money that I worked so hard for is going to help protect me now." while he or she is filling out their tax forms. Instead they are most likely thinking things that I should not even mention over the internet.

      People in general don't usualy work to change things that they don't like. All too often people just roll ofer and do whatever is currently being done. People don't like making a stur. It is just not something that the average person does.

      I do wish it did happen that way though.

      --
      --Forest C. Adcock--
    10. Re:In time, and in theory, by Anonymous Coward · · Score: 2, Insightful

      actually most artists dont have a choice in hating p2p. they are told to. they have no opinion besides that.

    11. Re:In time, and in theory, by MegaHamsterX · · Score: 2, Interesting

      Hey, that's the way most musicians I've known live, you see only a very small "commercially viable" group ever make any real money from their hobby.

      With a few thousand dollars in equipment you can now have a fairly professional production, make a website, put demo mp3s up and sell some cds to those that would like to support them, musicians can now make money worldwide without the record companies, and they're "living on handouts".

      Record companies see the writing on the wall, the industry hasn't been very good at adapting since the player piano was invented.

    12. Re:In time, and in theory, by junklight · · Score: 2, Interesting

      indeed - music has always existed music industry or not. Piracy may (or may not) end up making the current model of selling recorded music unviable but the question is not "how will the music industry survive" but instead "How will musicians continue to be paid for making music" (a question the "music" industry has very little interest in).

      I suspect that the answer to this will see a return to live music and musicians building closer relationships with their fans. There are plenty of bands already doing this. The Grateful Dead being the most famous.

    13. Re:In time, and in theory, by C0LDFusion · · Score: 2, Interesting

      Well, noone likes taxes, but the question is as how much taxes must be taken and in what form? You know, long ago, our government operated 100% off of tariffs and non-income tax items. Now it's like 99.9% income tax.

      I believe in a national sales tax, rather than a national income tax. Income taxes don't tax the wealthy (because the wealthy usually don't have jobs, they don't pay income taxes on money they've already earned in the past), instead they tax those on the way to becoming wealthy (middle-class up-and-comers and anyone else who higher tax brackets would hurt financially.

      I mean, when people talk about taxes, or any other law designed to make the wealthy "pay their fair share", just remember: If Ted Kennedy and Nancy Pelosi are for it, then the new law/tax won't affect the already-wealthy.

      --
      Only in slashdot are posts of solidarity modded at -1 Redundant, while posts of antagonism are modded as -1 Flamebait.
    14. Re:In time, and in theory, by Anonymous Coward · · Score: 0

      Working to change things doesn't always involve making a "stur." Sometimes it's as easy as an insipid and content-free post into the gutter (hint, hint!)

    15. Re:In time, and in theory, by eighthevachild · · Score: 1

      Or the corporations already do whatever they want and say they're following with the 'oh-so-great' democracy

    16. Re:In time, and in theory, by eighthevachild · · Score: 1

      before the recording industry, piracy ran rampant... do you know the names of the artists (off hand) of folk songs? i know i don't. people used to just make music and shared it with everyone. a person would hear a song they liked and would sing it or perform it themselves for another audience for enjoyment. music wasn't an occupation, really, it was something everyone enjoyed mutually in their free time. sure, i hate folk music and these days high-quality recordings take money, but think about it...

    17. Re:In time, and in theory, by Fig,+formerly+A.C. · · Score: 1
      You honestly think a sales tax will tax the wealthy? You can only spend so much, friend. That means the other 90% of what the very rich make is tax free, since they just bank it.

      Now, on the other hand, a flat tax with no exemptions or deductions would be a much nicer system...

      --
      Murphy was an optimist.
    18. Re:In time, and in theory, by Fig,+formerly+A.C. · · Score: 1

      P2P is bad, think of the chilre^W musicians...

      --
      Murphy was an optimist.
    19. Re:In time, and in theory, by C0LDFusion · · Score: 1

      You honestly think a sales tax will tax the wealthy?

      You don't think that if a person has to pay money every time he buys something that he'll pay it? Wait...your logic states that a person can avoid a tax by not paying it? Or what? I'm not seeing it.

      You can only spend so much, friend. That means the other 90% of what the very rich make is tax free

      Are you pulling money out of your ass? The issue isn't what they "make", it's what they "have". In order to live the lives the wealthy spend, you have to spend tons of money. Imagine if every time Ted Kennedy or Bill Gates buys a new $10 Million House, the Government suddenly has $1 Million.

      since they just bank it.

      Why is encouraging savings bad? At our highest economic point, people were saving and investing! I mean, when you make the increase of money by stocks (which many non-rich Americans take part in) cost too much, or you make taxes too complex because of Capital Gains laws and other bullshit, you give no reason for people to try to put money into new fresh things. You end up with stagflation.

      Now, on the other hand, a flat tax with no exemptions or deductions would be a much nicer system...

      I thought of that, but then I remembered that many of the wealthy don't even have an income. Did you know that a man who owns a Mercedes and a $5 Million Dollar home with a wall-sized Plasma screen and servants could technically be eligable for welfare, because as long as you don't don't get a paycheck, you are considered under the "poverty line".

      Re-adjusting the measure of poverty and taxation towards wealth and away from income would free people in the lower classes to become members of the middle and higher classes. Savings and hard work are key, and encouraging people to save (rather than punishing it through "capital gains") would give people the chance to better themselves financially.

      --
      Only in slashdot are posts of solidarity modded at -1 Redundant, while posts of antagonism are modded as -1 Flamebait.
    20. Re:In time, and in theory, by Lemmy+Caution · · Score: 1

      I'm an advocate of progressive taxation, based on marginal utility value and "next-dollar" analysis of wealth, but instead of defending that for now, I'm just going to ask you this: how do encourage people to save while still taxing wealth instead of income? Seems to me thats a formula for "use it or lose it," which discourages savings. Not that it is necessarily a bad thing - perhaps discourage the accumulation of liquid goods (that is, "wealth," ownings which can be converted into cash within 6 months) would encourage the circulation of money through the economy, but it certainly wouldn't encourage savings.

    21. Re:In time, and in theory, by royalblue_tom · · Score: 1

      It's a consumption tax, not a "wealth" tax per se. The best example is the fair tax bill - HR 2525.

    22. Re:In time, and in theory, by wikthemighty · · Score: 1

      The average American does not think "Wow, I'm so glad that this money that I worked so hard for is going to help protect me now." while he or she is filling out their tax forms. Instead they are most likely thinking things that I should not even mention over the internet.

      Actually, my thoughts are more along the lines of, "Would they not have to take quite so much if people weren't wasting time & energy on dumb things like Freedom Fries?"

      --
      "There are people who do not love their fellow human being, and I _hate_ people like that!" - Tom Lehrer
    23. Re:In time, and in theory, by Lemmy+Caution · · Score: 1

      So you are making an incentive for the wealthy to not purchase goods or services within the US? That seems like a really bad idea.

    24. Re:In time, and in theory, by royalblue_tom · · Score: 1

      The real cost of producing the goods goes down (no hidden tax burden on companies). So US goods become more attractive abroad.

      At the same time your average citizen has more take home pay to purchase stuff with.

      Finally, foreign purchases are not affected, as those are import tarriffs/duty, not taxes. If you think tax evasion and the IRS are rough, try customs!

  3. How many employees... by Aliencow · · Score: 0, Redundant

    Does the RIAA + MPAA have? 27 000 000 or what?

    1. Re:How many employees... by unitron · · Score: 1
      "How many employees...Does the RIAA + MPAA have? 27 000 000 or what?"

      Well that depends on whether or not you include Senators, members of the House of Representatives, and various Executive Branch officials.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  4. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  5. haw haw by Anonymous Coward · · Score: 5, Funny

    Piracy is a victimless crime, like punching someone in the dark.

    1. Re:haw haw by gearheadsmp · · Score: 3, Funny

      ...except for the fact that if you punch someone in the dark, so to speak, they are at the very least going to grunt, yelp, scream, etc.

    2. Re:haw haw by tony1c · · Score: 2, Funny

      It's also a harmless crime, like punching someone in the appendix.

    3. Re:haw haw by Gyorg_Lavode · · Score: 1

      So for heavens sake, remember to use ducktape.

      --
      I do security
    4. Re:haw haw by MegaHamsterX · · Score: 1

      Maybe they were comparing it to beating a dead horse in the dark.

    5. Re:haw haw by 0x0d0a · · Score: 1

      This may be the funniest thing I've seen in months.

    6. Re:haw haw by gl4ss · · Score: 1

      more like peeing on a random flag in the dark.

      --
      world was created 5 seconds before this post as it is.
    7. Re:haw haw by Gossy · · Score: 3, Insightful

      (Yes, I know it's meant to be funny, But...)

      Perhaps a better analogy would be like flailing your arms around randomly in the dark.

      Almost all of the time you hit air and it's a victimless crime. Sometimes you end up hitting criminals, helping the people trying to stop you. Other times you hit regular people, and cause real damage.

      Most of the time you'd never have bought that MP3 you just downloaded. Some of the time you'll go buy an album after getting that MP3. Other times you'll download instead of buying, and they'll lose the sale.

      The morality of downloading music is not clear cut.

    8. Re:haw haw by Gossy · · Score: 1

      [Whoops..alright, punching the air isn't really a crime... :)]

    9. Re:haw haw by Anonymous Coward · · Score: 0

      This is getting really stupid. The analogy just doesn't fit, and I think it was originally intended as humor anyway.

    10. Re:haw haw by Gossy · · Score: 1

      You're right - it doesn't really fit.

      Trouble is, I can't think of an analogy that does fit the MP3 'problem'. Can you? The music industry will tell you it's one way. Users will say something else. People who don't share MP3s will say something else again.

      "You wouldn't walk into a store and take a copy, would you? It's just the same" - Well no actually, it's nothing like it.
      "It's just like the radio, we hear music for free anyway" - Um, nope, again - not the same.

      Nothing really fits, which is why it's such a pain to explain to those that don't really understand the situation.

      [Don't worry - I'm sure it was humour too. The parent post just got me thinking..]

    11. Re:haw haw by Anonymous Coward · · Score: 0

      Dude...seriously?

      That's pretty fucking funny.

    12. Re:haw haw by Anonymous Coward · · Score: 0

      its a quote from the simpsons, for christs sake! you`re supposed to laugh and move on, not endlessly analyze it!

  6. no by Suppafly · · Score: 5, Insightful

    Bottom line, the great majority of users do not believe they are breaking the law.

    I beg to differ. Its pretty apparent to anyone you talk to that they know they are breaking the law, they just don't care.

    1. Re:no by nfg05 · · Score: 2, Insightful

      Or that they think the laws are flawed and unbalanced in the first place.

    2. Re:no by Anonymous Coward · · Score: 0

      He's right. Most people simply don't care. Why pay for something when you can download if for free with the click of a button?

      You'd have a hard time teaching someone brought up in these times that downloading apps or music actually hurts anyone. Afterall they weren't going to buy it anyway so are the people who produced the product even losing anything? Here's a clue Jack, the point here is NOT to debate that statement.

      You can't put candy in arms reach of a child and not expect them to eat it, and you can't expect kids or adults not to download music when its a easy as a few clicks to download it. Its human nature to take the easy way and until all media is encrypted and all downloads are logged people won't stop downloading.

      How do I "personally" feel? Considering what's going on in my life and the world around me, worrying about people downloading and trading music rates about as high as worrying about stepping on bacteria when I walk outside.
      In short who cares? I don't and apparently most people feel the same exact way.

      Maybe when they stop hinting were about to be attacked by suiciders every fucking day I'll give it a second thought.

    3. Re:no by lpret · · Score: 4, Interesting
      Actually, I've found what this article said to be true. Most people I talk to don't feel it's illegal. Their reason why? "It's free." People who do not understand what is required to write programs cannot comprehend that a program should cost money. These same people would never steal a cd from a store, yet they don't understand that the music they download is the same.


      I would recommend the RIAA to work hard at making music, not the physical cd, but the actual song, what is being purchased. Once people realize that the song is what they own then they will respect it even when they see it is for "free".


      The other problem is that there is no crackdown on downloaders. If you started arresting people, it would actually sink in to 90% of the users that they are breaking the law. If you could walk in to a store, grab that cool shirt you've been wanting, and walked out without being stopped, you'd probably get into the habit of it. But not only because of our conscience, the detectors at the door and the security cameras help deter us from stealing.


      Obviously there would still be people d/ling mp3s, but it would be much less than the 20 million or so that do it now.


      Mind you, I don't necessarily agree with the law, but I'm explaining that people don't realize they're breaking the law, why they do, and how they could be stopped.

      --
      This is my digital signature. 10011011001
    4. Re:no by asreal · · Score: 1

      The RIAA should be very careful about who they arrest and when. If and when they start going after individual users more actively than they are now, they will start to see more public outcry. When they try to charge some college kid whose father has a bit of cash and friends with the influence to get his story played up in the media and in government, the issue will go from being a geek cause to being a national issue. If the majority of Americans don't believe that downloading a song or album without paying is against the law and the music industry is actively seen to be inforcing said law, the industry will be in even more serious trouble than they already are. I think, more than any technological hurdles, this is why we have not seen more charges against individuals than we have.

    5. Re:no by L0k11 · · Score: 1
      He's right. Most people simply don't care. Why pay for something when you can download if for free with the click of a button?
      Beacause its not always free... Unless you are on an unlimited download plan downloading a movie (under excess usage rates) can almost approach the cost of buying the dvd.

      I dont know, maybe other countries have decent plans for broadband... but with a 3 gig limit I sure as hell dont.

      --
      "Those who cast the votes decide nothing. Those who count the votes decide everything" -- Josef Stalin
    6. Re:no by modipodio · · Score: 1

      " The other problem is that there is no crackdown on downloaders. If you started arresting people, it would actually sink in to 90% of the users that they are breaking the law. "

      I do not agree. If you started arresting people en masse for downloading music what would happen would be that these people would never buy a cd again. The original question that was put to these people was "Do you feel what you are doing is wrong?", not "Do you feel what you are doing is illegal?".

      If I got arrested for shop lifting I probably would not be so quick to go out and shop lift again. However if I was arrested for doing something like smoking pot ...well I would just be more carefull next time. Shop lifting and smoking hashish are both illegal in the US, the difference is I personally believe stealing to be wrong or a bad thing where as I do not believe smoking pot to be inherintley wrong.

      Now if I was arrested for smoking pot , something which I see as not wrong, there is nothing I can do about it I have to take the heat and go through the legal process. Now if you arrest me (a music fan who pays money to see performances/buys cds /buys tshirts) for downloading music... well there is something I can do, its called not buy any cds ever again. While stealing cds from a shop and downloading copyrighted material could both be said to be illegal the difference is that I and a lot of other people who download music, believe one to be right (and not wrong) and not the other

      --
      __________________________________________________ "UNIX is a fascist state, Windows is a democracy.
    7. Re:no by hyphz · · Score: 2, Insightful

      > People who do not understand what is required
      > to write programs cannot comprehend that a
      > program should cost money. These same people
      > would never steal a cd from a store, yet they
      > don't understand that the music they download
      > is the same. I would recommend the RIAA to
      > work hard at making music, not the physical
      > cd, but the actual song, what is being
      > purchased.

      It's a good point, but I don't think that the RIAA could really help. I think that more of the problem is that the average person believes themselves to be so disconnected from music stars that they just don't apply that kind of moral.

      Society, and the industry itself, have some responsibility for that disconnection. The industry creates a glamour around musicians in general that makes them seem weird and different (seen Perfect Blue?) Likewise, society's embrance of the "talent" hypothesis - which is scientifically unsound, but useful to ensure productivity - has backfired, because the majority of people think "Well, it would be a lot of work for me to write that music, but it isn't for that famous musician, because they're talented. Talent makes the work easier, so it wasn't hard work for them."

      Of course, the industry clampdown has only made things worse, because now when people DO know a musician themselves, chances are they are a small musician who WANTS their stuff copied just to get it heard.

      If we could get back to the stage where musicians were respected as basically regular people who happened to stick their necks out and write some good songs, then piracy would go down. As long as we have the image that they're impossible perfect glamour beasts who have a magic 'talent' that makes anything they lay a finger on become perfect, people will not consider them morally in the same way either.

    8. Re:no by sean.peters · · Score: 1
      These same people would never steal a cd from a store, yet they don't understand that the music they download is the same.

      But it's not the same. If I steal a CD from a store, the store no longer has it to sell. If I copy a CD, the store still does have it to sell... just not to me.

      This is not to say that copying of music is morally right... but neither is it true that it's "just as bad" as stealing. It's important that we not fall into this moral equivalency trap that the RIAA has set for us.

      Sean

    9. Re:no by Anonymous Coward · · Score: 0

      These same people would never steal a cd from a store, yet they don't understand that the music they download is the same.

      This should have clued you in that it isn't the same. When you steal from the store you take a physical object, leaving nothing behind. When you download, the original is still there. That makes all the difference in the world.

      The other problem is that there is no crackdown on downloaders. If you started arresting people, it would actually sink in to 90% of the users that they are breaking the law.

      They already know, they just don't care.

      Also, what punishment is appropriate? The crime and the punishment must be balanced. That means that the punishment for downloading and playing music should be comparable, for example, to the punishment you get for listening to music on the radio. In a word, none whatsoever.

      If you could walk in to a store, grab that cool shirt you've been wanting, and walked out without being stopped, you'd probably get into the habit of it. But not only because of our conscience, the detectors at the door and the security cameras help deter us from stealing.

      Dunno about you, but I was raised as a good person by my parents. I don't steal, not because I might get caught, but because it is the wrong thing to do.

      It is the wrong thing to do because, among other things, doing it causes damage to other people.

      Now, how can I cause damage to someone if that someone is utterly unable to know if a theft has taken place?

      The reason the theft cannot be detected is because there was no theft. I did not steal when I downloaded, just like I did not steal when I listened to the radio.

      I'm not just saying that to make myself look or feel good. I am fundamentally of the opinion that the law is wrong in this regard. I did not steal the music by downloading it.

      Obviously there would still be people d/ling mp3s, but it would be much less than the 20 million or so that do it now.

      You'd rather be ruled by fear than have people enjoy music?

      American justice, you just gotta love it...

      Mind you, I don't necessarily agree with the law, but I'm explaining that people don't realize they're breaking the law, why they do, and how they could be stopped.

      You can eliminate just about all crime by tagging all people with a non-removable GPS-transmitter, but that doesn't mean we should do it. Similarly, we do not want people arrested simply for enjoying some music. The crime is far too small for that.

      Yes, on the whole the entire country might lose billions of dollars in sale. If you really feel that way you should tackle it in the appropriate manner: use military might to take out the hotbeds of piracy, starting for example with south-east Asia.

      But don't take it out on the individual downloader, to whom you might have lost maybe $200 in sales. Because that is the sort of "loss" (not theft) we are talking about in practice.

  7. "pre-purchase tryout" is a lie! by swordgeek · · Score: 4, Insightful

    OK, most people don't REALLY plan on buying more than one album in 10, 20, 50, 100 that they sample. It's not that they're saying to themselves, "Well I'll listen to this song and the maybe buy the album." No, they say "I want to here some 'X' today." Sometimes 'X' blows them away, and they DO buy the album.

    The internet file sharing model isn't 'listen and buy,' it's just 'listen.'

    The question we should be asking ourselves is why exactly is this any different from the library?

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:"pre-purchase tryout" is a lie! by sweetooth · · Score: 4, Insightful

      You return your books to the library. If you don't they send you a big fat bill in the mail.

    2. Re:"pre-purchase tryout" is a lie! by PhxBlue · · Score: 4, Insightful

      A couple ways, if you think about it. First, materials are donated to a library, at which point the donor no longer has access to the donated material. Second, you inevitably have to return any item you check out to the library, after which point you no longer have access to the material.

      --
      !#@%*)anks for hanging up the phone, dear.
    3. Re:"pre-purchase tryout" is a lie! by mosch · · Score: 1
      Libraries don't make millions of free copies of whole works, and allow anybody to keep them forever.

      The question we should be asking ourselves is why do we deny that we just enjoy stealing our music?

    4. Re:"pre-purchase tryout" is a lie! by LegendLength · · Score: 1

      I agree that most people who claim they are possibly going to buy an album and are just sampling it are full of shit.

      But the difference between a library (large cost to copy phyiscal media) and electronic information (nearly free to copy) is pretty obvious to me.

    5. Re:"pre-purchase tryout" is a lie! by ramzak2k · · Score: 2, Insightful

      OK, most people don't REALLY plan on buying more than one album in 10, 20, 50, 100 that they sample

      Isnt that what sampling is all about ? To make sure that you purchase what you think is really worth a purchase. You are not forced to purchase everything that you check out in the stores, are you? I fail to understand why this is so NASTY when people have been doing it all the time by recording songs off their FM.

      The radio analogy works better than a library because tapes are closer to a digital medium than books. Copies are made and distributed, rather than lent out to people as in a library.

      --

      Siggy Say, Siggy Do
    6. Re:"pre-purchase tryout" is a lie! by gmuslera · · Score: 1
      Tell O'Reilly. They seems to think that the "Sample Chapter" that is in their book description helps to make people buy their books.

      Ok, you can download the entire CD, there is no "sample song" that you download, but the entire thing. Buying the CD you have it with more quality, and more comfortable (what percent of file traders burn audio CDs with the themes they download?). And if they really think about what they download as a sample, a hope remains.

    7. Re:"pre-purchase tryout" is a lie! by mekkab · · Score: 0

      Quick answer: its not, but for the copyright.

      Long, turgid windbagging:
      while perusing the "clearance" bin at Amoeba records I found TRS-80 "Mr. Kickass" for $2.
      It does indeed live up to its name, so I didn't hesitate to grab it.

      I already had most all of it on MP3. Before, I was a thief. Now, I have back-up copies for 'personal use'. Why? Because I paid $2 for a piece of plastic.

      don't worry, I'm going somewhere with this ;)

      You ask why is this any different from the library? I ask why does a used(?) $2 cd make me legit?

      These are the boundary conditions where the coypright/intellectual property right law meet reality- where the "road meets the rubber", so to speak.

      To get technical, one reason why its different is because of the nature of copyright. IANAL, but from what I understand, if you don't aggresively persue all potential infringements with legal action, you lose your copyright- its meaningless.

      Maybe it comes down to a whole bunch of companies sending "Cease and desist" letters and the general public ignoring them. The more flagrant ones have some legal actions brought against them in a big show trial, then everyone goes home happy (except for the people who get screwed- but they are in the minority). Then everything is back to normal- the rampant piracy continues.

      The logical mind would counter: "well, if the spirit of the law is being disregarded 99% of the time by both sides, shouldn't we change the law?! Shouldn't the whole concept of copyright be revisited?"

      From there it comes down to "shoulds" vs. "the easy path"- its like how a procrastinator will go so far out of his/her way to avoid work, taking it to the point where they expend more effort to NOT do work than if they did it.

      In this case, its easier to look the other way than to actually stand up for what you believe in.
      I guess we can't all be heroes.

      --
      In the future, I would want to not be isolated from my friends in the Space Station.
    8. Re:"pre-purchase tryout" is a lie! by Anonymous Coward · · Score: 1, Insightful

      so you make a copy of the pages you need before returning it. sometimes you don't even check it out, you just copy it right their with the pira..er.. copy machines they make available.

      since it's a physical book they need to have it back.

      a modern library should have it's books online for download, and skip the physical book/copy machine step.

    9. Re:"pre-purchase tryout" is a lie! by Jardine · · Score: 2, Informative

      Many libraries have music and video collections that you can borrow. In fact, if I borrow a CD from a library, copy it for my personal use, and return the CD, I have not broken the law (in this country). Too bad there's a levy on the CDR that I'd copy it to.

    10. Re:"pre-purchase tryout" is a lie! by popeyethesailor · · Score: 1

      So how about something that works like a library?
      An annual subscription, and a fixed number of songs you can keep active at any time ? without any per-song fees of-course.

    11. Re:"pre-purchase tryout" is a lie! by Khaed · · Score: 1

      Maybe not most, but some. Of the CDs I've bought in the last year(seven, I think. Didn't keep a calender of it, but it's still more than before I had p2p), all but one were directly because of P2P. The exception was someone I'd heard before the local radio and MTV went to shit, and it was their newest CD.
      So maybe not even 10% of the people are like me, but there is a case for it -- MTV and radio stations are very selective. (How many people heard the song from Spiderman everytime they turned on the radio for a few months there?)

    12. Re:"pre-purchase tryout" is a lie! by epsalon · · Score: 1

      To get technical, one reason why its different is because of the nature of copyright. IANAL, but from what I understand, if you don't aggresively persue all potential infringements with legal action, you lose your copyright- its meaningless.

      You're mixing up copyright and trademarks. You do not have to protect copyright to keep it. There are only two ways to nullify copyright: 1) exipry. 2) submission to the public domain.

    13. Re:"pre-purchase tryout" is a lie! by cpt+kangarooski · · Score: 3, Interesting

      There is one other, but it's unusual: merger. That is, if turns out that there are very few ways of expressing a particular idea, copyrights on the expressions will be voided. But you'd have to challenge the copyright and prove the merger of expression and idea.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:"pre-purchase tryout" is a lie! by xigxag · · Score: 1

      from what I understand, if you don't aggresively persue all potential infringements with legal action, you lose your copyright- its meaningless.

      To put it bluntly, you are dead wrong, as are all the other of hundreds of posters who've said the same thing on /. over the years.

      In the US as well as in other signatories of the Berne Convention, you don't give up your copyright through neglect. Further, you don't have to register or publish something in order for it to be copyrighted. (Although you do give up certain rights.) And finally, if you do publish a work, you're not required to place a copyright notice on it.

      All of this info is available at the LOC Copyright Office. One would think that on a tech-savvy site such as this, such misinformation would stop being so glibly circulated. I guess one would be wrong.

      So as not to be coy, I'll point out that what you were doubtless thinking about was trademarks. Unlike copyrights and patents, trademarks (and servicemarks) don't automatically expire after a set time. However, if you don't protect them from being diluted, they can lose value and once that occurs, it is possible for you to lose your ability to prosecute others for unauthorized use of them. Note that even so it is a distortion to claim that you must aggrgressively pursue "all" potential infringements. Toys"R"Us, Inc. doesn't have to go after every single nickel and dime "Junk 'R' Us" store in the entire world. To the extent that they choose to do so is a matter for their legal staff to decide.

      At least, that's my understanding. IANAL, either, and even if I were, it wouldn't mean I was right.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    15. Re:"pre-purchase tryout" is a lie! by Sarcazmo · · Score: 1

      Suppose you memorize all the relevant knowledge in a non-fiction book, then return it to the library. Pretty normal and legal, wouldn't you say? Is that a theft of intellectual property?

      Now suppose you use a computer to help you remember all the relevant knowledge from the book. Or even better, just told the computer to remember every word in the book, to make sure you don't miss something. Is that different in any way but degrees?

    16. Re:"pre-purchase tryout" is a lie! by PhxBlue · · Score: 1

      Probably not, but that's part of the moral issue. If you memorize (or transcribe) the book while you have it checked out, you're less likely to buy it, whether you liked it or not.

      --
      !#@%*)anks for hanging up the phone, dear.
    17. Re:"pre-purchase tryout" is a lie! by swordgeek · · Score: 1

      Indeed, it IS what sampling is all about. That was indirectly my point, even as I attacked it.

      The thing is, people sort of imply that they download a song once to specifically decide whether they'll buy the album, and delete it immediatly if the answer is no. That's obviously BS for most (again, I said most--don't harass me you utterly moral 1-3% of the population) people.

      I disagree that radio is a better analogy though. Either one is a (loosly speaking) playback device--the medium is irrelevant. The critical difference is the CHOICE you have with selecting your own tunes from the library vs. listening to whatever is on the radio. The internet is definitely closer to the library in this case, especially since copies are made from the radio, the internet, and the library materials equally in the end.

      At any rate, I was making the analogy for exactly the reason you indicate--there's nothing particularly nasty or new about P2P file sharing.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    18. Re:"pre-purchase tryout" is a lie! by knobmaker · · Score: 4, Insightful

      1) Most materials in libraries are not "donated." They're purchased with money taken from taxpayers-- all of us. They still belong to us, even if they're under the temporary control of the librarians.

      2)You may have to return the items you borrow from the library, but you can always get them again. You may not have "immediate access" to these materials, but you do have permanent access, any time you feel like going to the library.

    19. Re:"pre-purchase tryout" is a lie! by Ryan+Amos · · Score: 1

      Yes, that will work for about 5 seconds until the /. types start screaming "DRM! DRM!" and someone cracks the encryption scheme allowing you to convert your songs to MP3 and keep them forever. So in other words, this has about as much chance happening as Dubya getting into Mensa.

    20. Re:"pre-purchase tryout" is a lie! by swordgeek · · Score: 1

      Gah! People keep getting hung up on the differences in medium!

      You go to the library, you check out an album, and you rip it at home. Or you download a song, and keep it. THERE'S NO DIFFERENCE! Furthermore, internet file sharing is no more guilty of destroying sales than libraries. People downloading albums instead of buying them MIGHT affect sales (negatively), but no more than libraries.

      Now what the RIAA did to villianise file sharing brought it so much to the forefront that there's a significant difference in effect. That's what did it though--the publicity of the RIAA caused massive music piracy--not the internet.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    21. Re:"pre-purchase tryout" is a lie! by SN74S181 · · Score: 1

      Something that works like a library would be:

      The library buys a fixed number of copies of songs/albums, and they can only be used by one person at a time. If there is popular demand for more copies of that song, the library pays for more and increases the fixed number.

      That's the old 'like a book' license that was popular with the Borland Compilers. It worked really well.

      What you described is nothing like a library.

    22. Re:"pre-purchase tryout" is a lie! by SN74S181 · · Score: 1

      The 'sample chapter' strategy by O'Reilly just facilitates online sales of books. It's the equivalent of browsing the book at the bookstore a bit, to decide if you want to purchase it.

      Further, it's O'Reilly's choice to distribute content under their (or their author's) copyright. How many 'file swappers' have asked the permission of the artist who made the music they're trading?

    23. Re:"pre-purchase tryout" is a lie! by sweetooth · · Score: 1

      Actually, there are more significant differances. My tax dollars pay for my local libraries. I am therefor allowed to go to the library and have access to any and all of the material there, books or music. That doesn't mean I'm allowed to copy it or keep it. Copyright infringment is still taking place if you take a library book and copy it, if you take a library album and rip it, or download a song off the internet. Now, my tax dollars may have paid for a portion of Internet infrastructure, but not the majority. I pay a hefty price for bandwidth. However at no point in this agreement to pay for access to the Internet did I get access to copies of millions of pieces of copyrighted media. This is completly differant than public libraries.

      Now, if you want to talk about the problems with copyrights go right ahead, but don't compare copyright infringment with how libraries work. Copyright infringment happens at libraries and on the Internet, but neither the library or the Internet are at fault. The users are.

    24. Re:"pre-purchase tryout" is a lie! by mosch · · Score: 1
      What does that have to do with my post?

      The fact remains that the library purchases the CD, then when you borrow it, nobody else can use it until you return it, and there are penalties incurred for not returning it on time. Additionally, you are not granted the right to copy the entirety of the work while it's out.

      Libraries are for borrowing. Kazaa is for stealing.

    25. Re:"pre-purchase tryout" is a lie! by Thing+1 · · Score: 1
      The internet file sharing model isn't 'listen and buy,' it's just 'listen.'

      So's the radio. I used to tape the radio when I was a kid[1] -- did that make me a criminal?

      [1] -- man was I naive -- I taped it through a RS mono tape player, in the same room as the radio (right next to it). Didn't know what benefits wires gave. I loved it! "Hey, shh, I'm taping." I still have some of those old Dr. Demento shows that I couldn't listen to because they were past my bedtime; I was allowed to stay up long enough to start the tape. Then I could listen to them the next day.

      --
      I feel fantastic, and I'm still alive.
    26. Re:"pre-purchase tryout" is a lie! by bluelan · · Score: 1
      However, it's easy to make a copy of the material you borrow from the library and keep it. And, libraries do loan cds, dvds, and every other form of digital media out there. I don't think this is really a difference.
      There is a strong difference in that each purchased copy of an item can only serve a limited group of people - the patrons of the library that owns it. So, if every library across the country buys a copy of something, the publisher probably recouped costs even if a thousand people share each copy.

      Perhaps we need a national library that buys a few thousand copies of any copyrighted material that gets traded in substantial quantities? I guess people will just set up fake download networks to bump the numbers on useless junk. We all know you couldn't trust the publishers to be honest in a system like that.

      --

      I used to be a narrator for bad mimes. (wright)

    27. Re:"pre-purchase tryout" is a lie! by IHateEverybody · · Score: 1


      You return your books to the library. If you don't they send you a big fat bill in the mail.

      Yes, that is a big difference. When you check a book out of the library, it becomes unavailable to others. This is why you must return it. But if you copy an MP3, the original file remains and can still be used -- no need for returns.

      The bottom line is that if I hear a cool song in commercial for Grand Theft Auto: Vice City, I'm not going to run out to the record store and buy an entire Flock of Seagulls CD just to listen to the rest of that song. But I might download "I Ran..." from Kazaa or Usenet. I'll probably just listen to the song once.

      But who knows? I just might download more stuff by Flock of Seagulls and be impressed enough to buy their CDs. Or I might not be. In the latter case, the has not lost any sales because I was not interested in them before downloading their work. In the former case, they've actually gained a sale.

      In either case, the legality of downloading copyrighted material is irrelevant in the same way the speed limit on a crowded highway is irrelevant. The cops won't catch everybody who does it and it's such a piddly crime that they generally won't give a damn one way or the other. So ultimately, people just decide on their own whether or not they will obey this particular law which simply isn't that important in the greater scheme of things.

      --
      Does this .sig make my butt look big?
    28. Re:"pre-purchase tryout" is a lie! by lastberserker · · Score: 1
      OK, most people don't REALLY plan on buying more than one album in 10, 20, 50, 100 that they sample.
      Why, of course they do! Those works are copyrighted for 95 years, so there is a plenty of time for sampling and, eventually, buying.
      --
      My other Beowulf cluster is... er...
    29. Re:"pre-purchase tryout" is a lie! by einhverfr · · Score: 1

      OK, most people don't REALLY plan on buying more than one album in 10, 20, 50, 100 that they sample. It's not that they're saying to themselves, "Well I'll listen to this song and the maybe buy the album." No, they say "I want to here some 'X' today." Sometimes 'X' blows them away, and they DO buy the album.

      True enough, perhaps because the people offering the downloads and the people offering the CD's are different people. Maybe if record companies made 2 songs per cd available for download, it would be a listen and buy model.

      The question we should be asking ourselves is why exactly is this any different from the library?

      Very little actually. I can borrow the CD from the library, rip the MP3's and take them back. If I want, I can also record them to audiocasset, etc. And chances are that there is at least some protection based on the Home Recording Act.

      The real question is how the RIAA and MPAA's push towards DRM will harm our libraries as we move forther into the digital age.

      --

      LedgerSMB: Open source Accounting/ERP
    30. Re:"pre-purchase tryout" is a lie! by Jardine · · Score: 1

      Maybe I wasn't clear. I do have the right to copy the CD when I have it out. I can also tape music off a radio or borrow a friend's CD and copy it. Legally. This is all covered under the Canadian Copyright Act, Section 8. It's also the reason CDRs cost 2-3x what they should.

    31. Re:"pre-purchase tryout" is a lie! by Anonymous Coward · · Score: 0

      Thanks for generalizing your perceptions on everyone like the RIAA does! I for example have no illegal mp3s (or OGGs) on my HDD right now, but in the past I have download two full Moby CDs. One of theses was burnt onto a CD to use in a normal CD player. Guess what? I now own both of those CDs! I purchased them legally! Quit talking like you know me or everyone personally.

    32. Re:"pre-purchase tryout" is a lie! by Anonymous Coward · · Score: 1, Informative

      If you go to a good library these days, you actually can check out music, or movies for that matter.

    33. Re:"pre-purchase tryout" is a lie! by SouthwindCG · · Score: 1

      I obviously can't speak for anyone else, but I definitely have bought a large number of CDs after downloading an MP3 to sample the music. Until a few weeks ago I had a 2.1GB hard drive (not enough room for a big MP3 collection after you put an OS and a bunch of software on it) and still have no CD burner, but have 750+ store-bought CDs. If I like the song enough, I will buy the disc. If not, well, the artist isn't losing anything, and I've had a listen not unlike hearing it on the radio. I think burners and huge hard drives are making it easier for people to download and keep music rather than use it for sampling purposes. Are there levies on hard drives and CD-Rs for this reason?

    34. Re:"pre-purchase tryout" is a lie! by anubi · · Score: 1
      "The real question is how the RIAA and MPAA's push towards DRM will harm our libraries as we move forther into the digital age. "
      Well, my guess is the archeologists of the future better be well versed in advanced mathematics and crypto.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    35. Re:"pre-purchase tryout" is a lie! by Anonymous Coward · · Score: 0
      OK, most people don't REALLY plan on buying more than one album in 10, 20, 50, 100 that they sample.

      What that tells me is that only one in 10, 20, 50, or 100 releases are worth buying and that the record industry has a flawed talent model. Also, if I get to 'sample' 1000, 2000, or 5000 songs and buy between 50 and 500 CDs, that's 50 to 500 more than I would from listening to the radio.

    36. Re:"pre-purchase tryout" is a lie! by adolf · · Score: 1

      Let's keep this in context, shall we, and suppose that I'm borrowing CDs from the library instead of books.

      For example:

      CDs, which I bring home, burn, and return later on the same day.

      The library sends me no bill, because their goods have come back within the allotted time. Meanwhile, I've got a shiney new CD to listen to, for about $US 0.17 -- about half what a cheap, small cup of coffee costs.

      Keep this example in mind, and then rephrase your rebuttal in more contextual way. Perhaps you'll appear more sensical.

    37. Re:"pre-purchase tryout" is a lie! by Anonymous Coward · · Score: 0

      I once had a book over three months overdue (it got lost). I went along to my local library expecting a zillion pound fine. The elderly librarian looked at me as if she were about to warrant my death... and asked for 89 pence.

    38. Re:"pre-purchase tryout" is a lie! by Anonymous Coward · · Score: 0

      Considering the substandard intelligence and social graces (in other words, "elitist fuckheads") of most Mensa members I've met, I think GWB would fit right in.

    39. Re:"pre-purchase tryout" is a lie! by tcr · · Score: 1

      Hmm... the radio has come up quiet a bit in this topic.

      AFAIK, radio stations make a careful note of the songs they play, and a fee goes to the artists through bodies like the Performing Rights Society.

      So airplay isn't entirely a free-for-all...

      --


      Information wants to be beer.
    40. Re:"pre-purchase tryout" is a lie! by 56ksucks · · Score: 1

      Maybe a better example would be a radio station. We listen to songs for free on the radio, and are free to record them. Most people do record off the radio, or at least they have before. Also most people have found a friend with a CD they like and gave that friend a blank tape to make a copy with, yet these technologies are not in question. You can't return a song to the radio once it's been listened to. RIAA isn't trying to stop the sale of blank audio tapes etc. We've been copying music and listening to it for free long before file sharing existed. And even before the days of napster we were sharing it on IRC.

      --

      ---- "Excuse me. Where's the children's gun section?"

    41. Re:"pre-purchase tryout" is a lie! by Xformer · · Score: 1

      Writing the law in such a way as to have an excuse to get money out of the people. In a sinister way, that makes sense.

      --
      All I want is a kind word, a warm bed and unlimited power.
    42. Re:"pre-purchase tryout" is a lie! by Xformer · · Score: 1

      There is an equivalent to this for music, with amazon.com as an example, but it's more along the lines of a "sample sentence" than a "sample chapter". Simply not enough if you're seriously wanting to try out the music.

      Myself, I'd be among those 73% that are trying out music to buying it. If not file trading, the artists would have $10 less than they do now (multiply that by 30 or so for what I actually shelled out).

      --
      All I want is a kind word, a warm bed and unlimited power.
    43. Re:"pre-purchase tryout" is a lie! by mpe · · Score: 1

      You go to the library, you check out an album, and you rip it at home.

      To a library it would make perfect sense to be able to issue you with a copy of anything they had. No need for complex systems to track issues and returns, etc.

      Furthermore, internet file sharing is no more guilty of destroying sales than libraries.

      If libraries were a new invention they'd be just as much in the firing line...

    44. Re:"pre-purchase tryout" is a lie! by mpe · · Score: 1

      My tax dollars pay for my local libraries. I am therefor allowed to go to the library and have access to any and all of the material there, books or music. That doesn't mean I'm allowed to copy it or keep it. Copyright infringment is still taking place if you take a library book and copy it,

      Your "tax dollers" paid for copyright laws too. Your employees could easily chance copyright laws in any way.

    45. Re:"pre-purchase tryout" is a lie! by swordgeek · · Score: 1

      "Copyright infringment happens at libraries and on the Internet, but neither the library or the Internet are at fault. The users are."

      That is exactly - EXACTLY my point!

      I honestly don't see that the tax difference is a relevant issue--Either system provides material, neither system validates copyright enfringement. If the material is available, then some people will violate the copyright. Those people are at fault. The internet isn't at fault. The libraries aren't at fault. The violators are.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    46. Re:"pre-purchase tryout" is a lie! by nxs212 · · Score: 0

      Libraries are funded by local/state taxes. So books, CDs and video tapes that they make available to the general public are not free. Also, just because someone chooses not to get a library card doesn't mean they don't pay. However, they get major discounts when they order a lot of copies and from the same publisher or distrib. CD stores hike the wholesale price 50% and then wonder why no one is buying $17+tax CDs w/ 2 good songs on it. IMHO a CD should cost $5 or $0.50 per song. Sell it via the net, kiosks at book stores, cafes, airports, supermarkets,etc. I think it's going to happen in 15 or 20 years. At the right price it doesn't pay to steal.

    47. Re:"pre-purchase tryout" is a lie! by sweetooth · · Score: 1

      You've still infringed the copyright. It would be the same as if you took the entire book home with you and photocopied it. You don't have the copyright holders permission to do so.

    48. Re:"pre-purchase tryout" is a lie! by mekkab · · Score: 1

      Thanks for the clarification!

      --
      In the future, I would want to not be isolated from my friends in the Space Station.
    49. Re:"pre-purchase tryout" is a lie! by stanmann · · Score: 1

      You do realize that for obscure, odd, or out of print items, that most libraries participate in an interstate Inter-library loan program where you can get books that aren't at your local library, sometimes free, sometimes for a nominal fee(postage both ways) So for really hard to find stuff, we do have a "national library system"

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    50. Re:"pre-purchase tryout" is a lie! by Thing+1 · · Score: 1
      So airplay isn't entirely a free-for-all...

      College radio is. And that's still legal.

      Besides, I was talking about my use of the radio, not the internal politics of the business of radio. It is fair use for me to tape music and talk shows from the radio (including college).

      --
      I feel fantastic, and I'm still alive.
    51. Re:"pre-purchase tryout" is a lie! by swordgeek · · Score: 1

      Yep, it did. Although perhaps a lesser one.

      As has been mentioned, radio stations pay to broadcast stuff, and that makes the broadcast (and listening) legal. Copying it is still illegal as far as I understand, but nobody really cares too much given the relatively low quality of most broadcasts. (Sadly, the FM standard allows for better than is used.)

      And as an aside, your post took me back quite a few years--I remember setting up my Candle tape player up beside the speaker to record my brother's Heart albums. Now, a quarter century later, I bought the same albums (Dreamboat Annie, Dog & Butterfly) on CD for about twice as much as I spent on the blank tapes back then.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    52. Re:"pre-purchase tryout" is a lie! by Danse · · Score: 1

      The point is that the library buys 10 copies of a book, and 500 people get to read that book over the course of a year. See the similarity? 500 readers get to read the book for the price of 10 copies?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  8. Re:Not suprised.... by Anonymous Coward · · Score: 0

    It sounds like you think this is a bad thing. Are you French?

  9. I think this is right on. by Anonymous Coward · · Score: 5, Funny

    I have downloaded about 30 Gigs of music, all for the articles.

    1. Re:I think this is right on. by Anonymous Coward · · Score: 0
      Pornstars need to eat too you filthy pirate!

      But anyway... only 30Gigs? Pfft. Lightweight.

    2. Re:I think this is right on. by Anonymous Coward · · Score: 0
      Yeah, it's only 30 Gigs, but mine's on SCSI RAID. I'll have it forever........


      Besides that, I only got into Kazaa last week.

    3. Re:I think this is right on. by Anonymous Coward · · Score: 0

      pornstars don't need to eat; they live on crack you fool!

    4. Re:I think this is right on. by Anonymous Coward · · Score: 0
      Dear Abby,

      I have four WD120JB harddrives in a RAID-5 configuration for a total of about 480GB. 400GB of that stores my DivX porno movies and picture collections. Last month one of those harddrives failed on me, but RAID5 redundancy saved my sacred porn collection from oblivion! Thank you!!!

      Sincerely,
      Mr. Heavyweight.

    5. Re:I think this is right on. by gmby · · Score: 1

      I think your getting mp3s mixed up with jpgs. But if you really want the articles then just download the txts.

      --
      I don't want a pickle; I just want a Motor-Cycle! A four foot cop arrived with a five foot gun!
  10. In Other News.... by Anonymous Coward · · Score: 5, Funny

    56% of americans said "I get mp3s off kazza but I dont file-share"

    1. Re:In Other News.... by erlorad · · Score: 1

      Around 30% of americans estimate USA population somewhere between 1 and 2 billions. Say no more, say no more...

  11. Re:"Online Privacy" by Pharmboy · · Score: 0, Offtopic

    I always thought by going IPv6 and having each person their own IP that is traceable, (1.1.1.1.1.1 = bob smith or acme inc.) it would make it easier to trace spammers as well.

    Everyone gets really freaky about privacy on the web, and I understand their desire to be private, but I don't see it in the constitution either.

    The concept of privacy obviously extends to your home, including your inside your computer, but once you 'leave' your home via the internet, its kinda of silly to expect any more privacy than when in your car to go to the store. This doesn't mean the govt. should track you without a warrant, but you shouldnt expect to remain totally anonymous. Some confuse the right to free speech (which doesn't mean anonymous free speech or exclude it, read the damn constitution, its neutral to that point) with privacy. They are different concepts completely. You seem to get this point. others dont.

    --
    Tequila: It's not just for breakfast anymore!
  12. Why does this surprise anybody? by happyhippy · · Score: 1

    Its the human condition, to try to get stuff for free if its easy to steal it.
    Take towels in hotels, cutlery or even glasses in bars. People take them knowing full well its illegal.

    1. Re:Why does this surprise anybody? by kien · · Score: 4, Insightful
      Its the human condition, to try to get stuff for free if its easy to steal it. Take towels in hotels, cutlery or even glasses in bars. People take them knowing full well its illegal.

      No. It is not the "human condition" to steal. I do not steal towels or cutlery or glasses because that is physical property that someone had to manufacture and someone else had to buy. It would be immoral and unethical for me to steal those things.

      Songs are not physical property, as much as the RIAA would like you to think they are. Songs are creative entities that are sometimes captured on physical media. Given the chance, most people would welcome the opportunity to reward the authors of these entities. But because the publishers have taken an aggressive position to get in the way, people have routed around them.

      I respect and reward people and companies that offer me their product and ask for my monetary support. I shun and despise those who treat me as a criminal first, customer second, and demand my monetary support.

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
    2. Re:Why does this surprise anybody? by 91degrees · · Score: 1

      No. It is not the "human condition" to steal. I do not steal towels or cutlery or glasses because that is physical property that someone had to manufacture and someone else had to buy. It would be immoral and unethical for me to steal those things.

      You know, so many people do steal from hotel rooms that they simply assume that it will happen and add it to the standard room rate. British Airways even went as far as putting "Nicked from BA" on the salt and pepper shakers that came with the meal in First class.

      If you still feel it's unethical, then I applaud your honesty, but you have to admit, it's obvious that some people will feel they have a right to steal.

    3. Re:Why does this surprise anybody? by kien · · Score: 1
      If you still feel it's unethical, then I applaud your honesty, but you have to admit, it's obvious that some people will feel they have a right to steal.

      I do not believe that anyone has a "right" to steal, period. There is no justification for the taking of someone's legally obtained property.

      Before someone attempts to extend my arguments to the farce that is "intellectual property", I feel it necessary to post the definition of theft: "The act or instance of stealing : larceny". Which leads us to the definition of stealing: "To take (the property of another) without permission or right". Which leads us to the definition of property: "1. Something owned, esp. real estate. 2. A characteristic trait, quality, or attribute. 3. The exclusive right to own something : ownership. 4. A movable article other than costumes and scenery that is used in a play or movie."

      Anyone that talks about "intellectual property" has already come to the conclusion that the Emperor is wearing a nice new suit. Their opinion should be scrutinized accordingly.

      The real tradegy of our current environment is that large corporate interests have been able to make normally reasonable people question their common sense and morality.

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
    4. Re:Why does this surprise anybody? by 91degrees · · Score: 1

      I do not believe that anyone has a "right" to steal, period

      Just to clarify, neither do I. I do see that some people see this differently though. People seem to be very good at justifying things on the basis that "everyone else does it". Mob psychology is powerful stuff.

      And I totally agree on the IP argument. I really think the term intellectual property needs to be abandoned. Property is not a good metaphor. It restricts our thinking of how best to compensate artists to a property model.

  13. Names.... by idontneedanickname · · Score: 5, Funny
    Please just fill out this form, it shouldn't take you long.

    Why do I need to put my name and adress? You said this was an anonymous survey?

    Oh, that's just for ehh ... our computer, eh... so he can list you in alphabetical order, and ehh geographical area... yes, that's it! *Scratches back of head nervously, looks away*

    1. Re:Names.... by robbyjo · · Score: 0, Redundant

      ...

      And why did you ask Social Security and Credit Card Numbers too?

      Oh... that! It's in order to enable us to automatically char^H^H^H^H credit you when we have some special offers and add some pension benefits too...

      *Looks away reciting disclaimers* "Some restrictions apply. Credit can be negative values. Pension benefit is added in after life. Battery is not included.

      --

      --
      Error 500: Internal sig error
    2. Re:Names.... by AmericanPatri0t · · Score: 1, Flamebait
      As a concerned American patriot, I am ashamed that the president of the United States is from Texas. I sure didn't elect that cowboy!

      Ok, so some moderidiot will surely mod this post down as Offtopic. However, if you're so inclined, think again: A couple of days ago, Hillary Rosen did say that downloading music funds terrorism. So there!

    3. Re:Names.... by eighthevachild · · Score: 1

      umm... funds terrorism? i was under the distinct impression that we weren't paying for anything...

  14. Re:More proof that illegal file sharing must be st by LibertineR · · Score: 0, Troll

    Man, I would'nt want to be your kid. Geez. I would probably want to run off with some homeless preacher for a year just to be away from you.

  15. This, and many other fine stories... by Anonymous Coward · · Score: 5, Insightful

    ...are available in this month's issue of "Duh!" magazine.

    Let's look at the facts:
    -The music industry is actively hostile toward their customers, referring to them as thieves.
    -Meanwhile, the music industry was found guilty of price fixing CDs for a DECADE. What must they give their customers as restitution? ALMOST enough money to buy ONE new CD!

    Clearly, the only solution is mob justice-- in this case, the mass downloading of music by people who are presumed guilty by the RIAA anyway. Nobody loses sleep over this except the RIAA executives who stuff their mattresses with the cash we've paid for CDs where all but 2 of the tracks are pure shit.

    1. Re:This, and many other fine stories... by Erwos · · Score: 1

      Mob justice is the first step towards anarchy. What's the power of law when you yourself disregard it? Why should the RIAA/MPAA obey the new law even if it's passed - perhaps they feel it's wrong, too!

      If you don't like what the RIAA/MPAA is doing, you've got power - it's called the vote. Call a Congressional candidate, tell them how you feel, and then tell them how they should vote. Your vote puts these people into office - for all the money these associations give politicians, the record/movie companies are utterly unable to elect them into office on their own. Take advantage of that.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    2. Re:This, and many other fine stories... by mOdQuArK! · · Score: 1

      You must still believe that the current US political system does anything more than lip service for the "average" citizen.

    3. Re:This, and many other fine stories... by Erwos · · Score: 1

      Do you vote?

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    4. Re:This, and many other fine stories... by Ryan+Amos · · Score: 5, Insightful

      Aah, to be idealistic. I agree with you, that's the way it SHOULD work. But American voters are so apathetic of elections that who gets into office largely depends on their party affiliation. This is especially true for representatives. Nobody knows who these guys are, they just elect them because they're a republican or a democrat. The only election people pay attention to is the presidential election. The money helps because it allows for name recognition; people who know nothing about the issues and are middle of the road are more likely to vote for the guy whose name they recognize.

      The two party system also doesn't help. Party platforms are the bane of modern politics. I'm personally pro-choice yet against a lot of gun control. Who the fuck do I vote for? I have to choose which of these issues (which really are both the same issue; the government's ability to legislate my private life) is more important to me, there's no viable third party that encompasses both of these. Yes, I realize that these views are supported by the Libertarians. They are not a viable third party because they will never win an important election. Not with the winner-take-all system in US politics. And that's not something you can change by calling your representative.

    5. Re:This, and many other fine stories... by pla · · Score: 1

      Meanwhile, the music industry was found guilty of price fixing CDs for a DECADE

      Make that "twice in a decade"...

      Check out An older Slashdot article about priors for the RIAA.

      So, if they do it again, can we put the whole lot of 'em away for life under California's three-strikes law? ;-)

    6. Re:This, and many other fine stories... by mOdQuArK! · · Score: 1

      Yes, but not because I think it really makes a difference - just because my state (Oregon) makes it so easy to vote using vote-by-mail that I'd have to be a militant anti-voter (or a super procrastinator) to do so.

      And before any comments about uninformed voters come out, I actually do keep up on the issues, mainly because I'm an information junkie & read everything I can get my hands on, but this usually only serves to make me more cynical about the current US decision-making system.

    7. Re:This, and many other fine stories... by Le+Marteau · · Score: 1

      Yes, I realize that these views are supported by the Libertarians. They are not a viable third party because they will never win an important election.

      Why do they have to be able to win to be worth voting for? Minor parties can serve many good purposes other than winning They could swing the election if not listened to, like Nader did. They can serve as the concience the major parties are lacking. They can file lawsuits. They can be interviewed by news media when the media is looking for the alternative viewpoint. Voting third party, you can hold your head up high and know and say proudly that you did not vote for the lesser of two evils and will NEVER vote for evil, no matter how less that evil is than the REALLY BIG evil.

      And what is it with this voting for the big parties because the little ones can't win... being afraid to "throw your vote away" What, like your vote is going to make a difference? Only an certified idiot votes because he thinks his vote will affect the outcome... vote not because you think it will make a difference, but because that's what Americans do! Vote because the virtuous man votes! Vote for the person you would LIKE to see win, not the one who is the least evil who has a chance of winning, for chrissakes!

      --
      Mod down people who tell people how to mod in their sigs
  16. Re:More proof that illegal file sharing must be st by Zelph · · Score: 0, Flamebait

    This is not a troll. This is the cold hard truth. The guilty take the truth hard. 'nuff said.

  17. Survey says by Anonymous Coward · · Score: 5, Insightful

    People don't feel bad about getting back at companies that screwed them over for years.

    News at eleven.

    1. Re:Survey says by Groo+Wanderer · · Score: 0, Offtopic

      And just what, pray tell, does this have to do with the cable company? And how is this getting back at them? Using all thier bandwidth? I have DSL.

      Oh, you menat RECORD companies. :)

      -Charlie

    2. Re:Survey says by Pendersempai · · Score: 2, Insightful

      More likely, the survey says that people like getting something for nothing. When my friends download an mp3, retribution is the least of their motivations -- and I don't think they're alone.

    3. Re:Survey says by Danse · · Score: 1

      Depends on the people I guess. Some like something for nothing and don't care that it's against the law. Others like something for nothing and don't know it's against the law. Then there's people like me that believe that copyright law is massively unjust and know that the record companies have been convicted of ripping us off for hundreds of millions of dollars that we'll never be compensated for (yes I do have a good-sized cd collection). We download because it's the only thing resembling justice that we're likely to ever get.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  18. So I was right all along? by Metallic+Matty · · Score: 2, Insightful

    And by I, I mean, the generally informed geek population at large.

    We've all been doing this for quite some time now; Music trading (regardless of whether or not its illegal) doesn't feel like a crime. People _do_ actually use this stuff for the purposes they claim too. I often download mp3 samples of bands and djs before I'm willing to invest in their cds. The RIAA dumps all over this. Record companies should be taking advantage of this instead of trying to put an end to it.

    Of course, this is just the same ol' story. The numbers don't lie though: if THAT many people are using music sharing, and in their opinion, legitimately, you're better off tapping it for your own gain, than to try and drive it into the ground, especially because it just isn't gonna happen.

    1. Re:So I was right all along? by Anonymous Coward · · Score: 0

      For me it is the other way around. I don't download illegal MP3's, only legal MP3's (Janis Ian, Machinae Supremacy, etc). So when I look at new CDs, none of the CD's make me go "I want that". Most of them I haven't even heard of. So I don't buy any CDs.

      Now if I found a Janis Ian CD in the local store, it would be a definite buy.

  19. And they proably smoke pot too. by smcavoy · · Score: 3, Funny

    Let's round 'em up and throw them in jail for 5-10, that'd outta fix 'em.
    I'm mean if it's illegal, it's got to be bad.

    1. Re:And they proably smoke pot too. by Iguanaphobic · · Score: 0

      Let me know when you're going to start. I need to top up my CivGenics shares. I wonder what their shareholder list looks like??

      --
      Fascism should more properly be called corporatism, since it is the merger of state and corporate power.
  20. Sampling doesn't mean buying by Virtex · · Score: 1

    Another stat, 73% of US downloaders report that their motivation for trading was to sample music for later purchase.

    Of course, sampling songs for later purchase doesn't necessarily mean you're going to purchase anything. The whole point of sampling is to decide if you want to purchase the album or not. I've learned from prior experience never to buy an album based on any one song, so if I've only heard one song from a band on the radio, there's no way I'll buy the album without hearing more of their music. It's too bad the RIAA wants to take that ability away from me.

    --
    For every post, there is an equal and opposite re-post.
    1. Re:Sampling doesn't mean buying by frdmfghtr · · Score: 1

      It's too bad the RIAA wants to take that ability away from me.

      Well, of course they want to take away this ability. How else are they going to convince you to buy the tripe that is being recorded if you already heard it and know it's tripe? Free samples in the grocery store are good--they show you what the ring baloney tastes like before you spend your money on it. Music downloads are good--they show you what the song is before you purchase it.

      Would you buy a car without a test drive? How about a TV not on display at Sears? Treadmills are set up in the sporting goods dept. Even music stores let you sample certain releases. The Internet lets you sample at home; sure, some will choose to satisfy themselves with the free samples only, but as the study shows, most will purchase if they like what they hear.

      From the press release:
      Only 16% believe that record labels are justified in shutting down file-sharing services, such as Napster and Audio Galaxy, and two-fifths (39%) agree that making copies of music to give to friends is okay.

      The "record labels" didn't shut them down...the courts shut them down. Although, like the BSA, they would like you to THINK they can do that.

      And didn't we cover sharing in kindergarten?

      My late night pair of pennies...

      --
      Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    2. Re:Sampling doesn't mean buying by Anonymous Coward · · Score: 0

      I support file trading for sampling but just wanted to point out a problem with your argument.

      A grocery store lets you try the bologna.
      A car dealer lets you have a test drive
      Sears lets you try a TV
      Sported goods dept lets you try the treadmill
      Walmart lets you listen to CDs before you by

      Walmart isn't alone, but they are huge and almost everyone has one.

      But that isn't even my point, my point is, they are letting you try them on their terms.

      An equivalent to downloading MP3s and using your example would be:

      Grocery store lets you bring the log of bologna home to sample as many times as you want.
      A car dealer lets you bring your car home to test drive all you want
      Sears lets you bring home a TV to see if you like it
      The sporting goods dept lets you bring home the treadmill to use
      KaZaA lets you download MP3s for sampling purposes

      See the difference? When you download an MP3 its on your terms, you can listen to it over and over until you're sick of it and decide you dont want to buy the CD, or maybe you like it and keep it but still dont by the CD.

      If you want to sample MP3s, go to a store that lets you listen to CDs first.

      The RIAA should set up music sampling kiosks that have broadband connections that download tracks from a central server and let you listen to them over headphones, then maybe at the same terminal you can order that cd.

      I'm basically saying, comparing MP3s on your home PC is not the same as test driving a car.

      P.S. RIAA/MPAA still suck!!

  21. Just Music Eh? by Best_Username_Ever · · Score: 1

    73% of US downloaders report that their motivation for trading was to sample music for later purchase

    And yet another revealing statistic, 100% of all pr0n addicts lied about their filesharing habits.

    1. Re:Just Music Eh? by Anonymous Coward · · Score: 0

      does anyone pay for pr0n anymore these days? i mean really youd think theyd be the ones screaming the most, pr0n just seems to come to you. you download a song and it end up to be pr0n! you try and pirate some movie and look out its pr0n too!! try and look for some valued info on a random website you got like 50000 pr0n banners looking at you, who needs to buy it anymore.

  22. My take by Raul654 · · Score: 5, Insightful

    IF I could mod you to "+10, absolutely right", I would. You have hit the nail on the head. Most people realize (intuitively) that downloading music/movies/software is (at the very least) a victimless crime in that 99.99% of the stuff that is downloaded and not later bought would never have been bought anyway. I think the remainder is more than made up for by the increased sales due to increased exposure.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:My take by IamTheRealMike · · Score: 3, Insightful
      Most people realize (intuitively) that downloading music/movies/software is (at the very least) a victimless crime in that 99.99% of the stuff that is downloaded and not later bought would never have been bought anyway. I think the remainder is more than made up for by the increased sales due to increased exposure.

      Yeah, you tell yourself that, if it makes you feel better. I'm sure there are some here on Slashdot that download a few gigs of music every month, then go out and buy CDs for music they already have. Ya know, 'cos they're moral sort of people.

      The vast majority of p2p pirates do not do this. I'm talking from personal experience. They don't download music to "sample" it, they download whole albums, sometimes even with artwork. Even worse, some of them have the gall to then burn them onto CDs and sell it on to people without broadband connections, sometimes for as much as 500% profit.

      They never buy CDs. Why bother, when downloading it is so much easier? The fact is, if there was no music piracy, CD sales would be higher, because all those people who never buy CDs (or who buy them for nearly nothing from "friends") would have lower music consumption but would actually pay for it, so the gross profit is still higher than zero.

      This "victimless crime" garbage has got to end. Music piracy is a victimless crime in the same way a war on Iraq would be a victimless crime - there are victims all right, you just can't see them, except in occasional glances the media gives as events rush past the window.

    2. Re:My take by bockman · · Score: 1
      This "victimless crime" garbage has got to end. Music piracy is a victimless crime in the same way a war on Iraq would be a victimless crime - there are victims all right, you just can't see them, except in occasional glances the media gives as events rush past the window.

      I was with you until this point, but your analogy is bad chosen, and gives strength to the same people that use the word 'piracy' (which compounds the idea of murder, tefth and worse) for what is, actually, a quite mild fraud (except that the mass effect can make it somewhat significant).

      I would rather compare the unauthorised copy of protected digital contents to the insurance frauds. There are many similarities between the two.

      --
      Ciao

      ----

      FB

    3. Re:My take by Anonymous Coward · · Score: 2, Insightful

      The fact is, if there was no music piracy, CD sales would be higher

      Yet again, this "fact" is quoted with no evidence, or even an indication of evidence, to back it up. Where do you get your figures from to support this "fact"? Have you seen studies that support this "fact"? Or, as I suspect, is this "fact" simply a conclusion that you have reached with no real supporting evidence or even a willingness to at least look at studies which do not support your views?

      I may as well remind you that we're posting in an article which is talking about a survey which does in fact appear to show the opposite of this "fact" that you quote. A large percentage of people have stated that they go on to buy CD's after they have downloaded the MP3. Other studies have shown the same.

      Ho hum. Fact away, factman.

    4. Re:My take by hacker · · Score: 1
      You have hit the nail on the head. Most people realize (intuitively) that downloading music/movies/software is (at the very least) a victimless crime in that 99.99% of the stuff that is downloaded and not later bought would never have been bought anyway.

      The more-important piece of this, is that the music WAS BOUGHT by someone, who then took it upon themselves to rip it and upload it to the internet somewhere. The band did get paid for their work, for that copy.

    5. Re:My take by jkeychan · · Score: 1

      Not necessarily. How many times have copies of music CDs been "leaked" before their official release date? This doesn't take into account that some artists (Smashing Pumpkins) release tracks periodically over the Internet which are destined to be on the file-trading track, but I can think of a number of full albums, movies, etc. that have been easily available for free before they hit the retail chains.

    6. Re:My take by Erasmus+Darwin · · Score: 1
      "The more-important piece of this, is that the music WAS BOUGHT by someone, who then took it upon themselves to rip it and upload it to the internet somewhere. The band did get paid for their work, for that copy."

      That's an absurd argument. An album costs tens or even hundreds of thousands of dollars to produce. A single copy of that album costs $15 or so. It should be fairly obvious that the money being spent by the purchaser doesn't justify creating and releasing an unlimited number of copies of that album.

      Besides, it's not always a purchased copy that's used as the source of the copyright infringement. There was a Slashdot article a little while ago that talked about how Eminem's album was #1 on a chart that tracked CD plays done on computers. The catch? His album wasn't even out yet -- he made it to #1 just from people listening to illegal copies.

    7. Re:My take by Anonymous Coward · · Score: 0

      Ho hum. Fact away, factman.

      Fact you, and the horse you rode in on.

    8. Re:My take by hacker · · Score: 3, Insightful

      That's an absurd argument. An album costs tens or even hundreds of thousands of dollars to produce. A single copy of that album costs $15 or so. It should be fairly obvious that the money being spent by the purchaser doesn't justify creating and releasing an unlimited number of copies of that album.

      First, I am not advocating piracy at all, and to date, I have never downloaded a single mp3 from the internet that wasn't already on the artist's website. However, ever single cd I have purchased, I rip to ogg format, because I don't have a stereo (it was stolen), so my ONLY way to listen to music is on my computers.

      Second, I was correcting the myth that the music was never purchased. It was, and had to be (in most cases) by at least one person, who ripped the disk and illegally put it onto the net or p2p space.

      Third, your math is grossly incorrect. If putting out 1M copies of a cd costs 'x', putting out 4M copies of a cd does not cost 'x*4'. The initial startup and production (studio) costs may be more initially, but once you have a digitally reproducable medium, you can replicate that BILLIONS of times at only the cost of negligible commodity hardware. You don't incur studio (human, carbon) costs for each new run. You do, however incur non-human (silicon, paper, cd media) costs.

      It currently costs roughly $4-5/USD to put a cd into the hands of consumers in the record stores, which does take into account shipping, packaging, printing, and so on. The remaining $10-15/USD that you pay is.. PROFIT. Please do some research first. CDs do not cost $15.00/USD each to produce and master. If you believe that, you've been brainwashed by the record companies and RIAA for far too long.

      Also, artists are starving because the record companies don't own up to their end of the bargain, and refuse to pay them, withold payments and loans, etc. Bands have no recourse but to claim bankruptcy in many cases, and now the RIAA and record companies are trying to make that against the law as well. When a singer like Jennifer Lopez clears $40k in salary in 2000, you really start thinking about where the $200 BILLION dollars that the record companies collected that year goes.

      Besides, it's not always a purchased copy that's used as the source of the copyright infringement. There was a Slashdot article a little while ago that talked about how Eminem's album was #1 on a chart that tracked CD plays done on computers. The catch? His album wasn't even out yet -- he made it to #1 just from people listening to illegal copies.

      You just reinforced my point. These were obviously leaked from the studio itself, so how are "piraters" and p2p/filesharing services to blame? The motivation to put it out on the net existed already, the existance of p2p didn't "suck it out of the studio windows". Someone wanted to leak it, and they did. If it wasn't p2p, it would be ftp, or http, or some other means.

      This also just recently happened with the Oscar pre-release DVD versions of many movies not-yet-released.

      People need to get a grip on reality here. The RIAA is pissed because they missed the boat on the internet as a legitimate music distribution medium.

      1. Broadband is available, and cheap. You can now download 600 megs of data in very short order.
      2. Printers have gotten much better in quality and price
      3. CDR/CDRW media and hardware is also exceptional quality and low price

      So why didn't the RIAA/record companies just decide to make an "online store", where you pay $5.00 for an ISO + artwork, download them, print them and make your own version? If it was $5.00, their sales would SKYROCKET. But for $15.00 in a store, where most of the music on the disk is garbage, of COURSE people will pirate it.

      I'm all for allowing everyone their piece of the pie, but the RIAA and the record companies are quadruple-dipping, and at the same time, trying to make it illegal or impossible to use t

    9. Re:My take by Qzukk · · Score: 3, Interesting

      Yeah, you tell yourself that, if it makes you feel better.

      Fine then, I'll tell myself that. Meanwhile, I'll be ordering another round of CDs from CD Japan pretty soon, for instance the SaiKano OST and the GitS:SAC OST which I "borrowed" from a friend since I wasn't a big fan of the show, only the music (amongst other CDs that I have mp3s from.

      Why bother, when downloading it is so much easier

      I only have one reply to this: snort. I'm really sure its "so much easier" to deal with the drek, people who never let you fetch stuff, and other crap on kazaa and the like. And thats if anyone else out there actually had my interests in music.

      Now, I'm completely against the people who do as you describe and resell the burnt CDs for 500% profit (at this point, I would call it "bootlegging"). But you have to face it: Today's US music industry relies on people not hearing the crap on the disc ahead of time, so that they might be fooled into buying it. Since they have managed to get their industry into such a run-down state that the only way they can manage to sell anything is by accident or deceit (wouldn't you call filling a CD with two good songs which get radio advertising time, and the remainder with remixes or other crap deceit?) they have to force people to not preview the music. So they push for laws against it.

      You know what really makes me feel better? It's not telling myself that I'm going to buy the stuff I like, because I know that to be true. It's that I look out and see civil disobedience performed against the gross misuse of a once-honorable law (copyright law, to be specific). Once upon a time it let people be creative and get money for their creations. Now, the music industry (amongst others) has shifted the power of the law from protecting authors to protecting the publishers. Once upon a time, an author granted permission to a publisher to publish the work. Nowadays, the publishers use work-for-hire loopholes and other tricks to take the work by force and leave the author with nothing but debt. For instance, if you read the text of the DMCA, you'll notice that there are no rights assigned to authors of a work. If I record a song in a DRM-enabled format, I have no right to remove the DRM from it, because the DMCA protects the DRM, not my work. (And before you claim "bullshit", take a look at this where legal threats were made against a person who wrote his own tool for fixing the "don't embed" bit for fonts he created himself. It hasn't gone to court, apparently, but given that the DMCA repeals rights of due process, that doesn't matter much, does it?)

      So do the American thing. Protest the commercialization of your government and download an mp3 today.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    10. Re:My take by Buzz_Litebeer · · Score: 1

      Ill will tell you something, before 2001 I did not listen to ANY music, and I mean that, if I did not hear it at work, I did not listen to it.

      Why? I am not a fan of music, at all, I find most of whats put out offensive and degrading to someone or the other. It always hit me how right on a black comic I was watching was when he said "you can call a women a fat skanky bitch to her face, and she will probably sue you, but you put it in a song (then he began tapping a rap beat) and sing (sings here) 'your a fat skanky bitch' they just eat it right on up"

      for me, thats how most music is, and it is not worth any of my money to buy a CD for the one song that I can enjoy. I have NEVER bought music, but having been introduced to Kaaza I now "listen" to music sometimes, for me filesharing has enriched my life, because it has gotten me at least "marginally" involved in listening to music.

      I think it was Edward Bellamy's Utopian dream where he outlined that in every persons home there would be access to music, and for me I have maybe 30 songs on my hard drive, mostly Jazz and 80's music, this is music i would not otherwise have if it wasnt for the internet.

      Trust me, no one has lost any money becasue I have pirated, but I have been enriched, and the biggest possibility is that the Recording Inudstries method of distribution is outdated, lots of people lost their jobs when car industry moved over to robots for manufacture, and maybe the recording inustry is too big for its own good, or doing things in an outdated way, because filesharing is not wrong, remember ethically just because something is illegal does not necessarrily make it wrong.

      --
      If you don't vote, you don't matter, so don't waste your time telling me your opinion
    11. Re:My take by Anonymous Coward · · Score: 0

      Most people realize (intuitively) that downloading music/movies/software is (at the very least) a victimless crime in that 99.99% of the stuff that is downloaded and not later bought would never have been bought anyway. I think the remainder is more than made up for by the increased sales due to increased exposure.

      Yeah, you tell yourself that, if it makes you feel better. I'm sure there are some here on Slashdot that download a few gigs of music every month, then go out and buy CDs for music they already have. Ya know, 'cos they're moral sort of people.


      Try reading for comprehension. Prev poster made the comment "99.99% of the stuff that is downloaded and not later bought would never have been bought anyway". You can argue about the exact percentage, but the basic idea is true.

      I, for instance, have NEVER purchased a music CD. Not one. Ever. AND I never plan to. RIAA is NEVER going to get a cent from me, no matter what. So, with that as a given, I can either DL music and listen to it, or not DL music and not listen to it. There is no difference to RIAA, they're not getting a penny. But there IS a difference to me. SO I choose the path that I prefer, and that harms no one else.

      And, in response to your comment "I'm sure there are some here on Slashdot that download a few gigs of music every month, then go out and buy CDs for music they already have", yes, there are people who do just that. You see, the MP3 format is okay for playing out of your computer speakers, but sounds kinda bad out of high-end equiptment. SO people DL MP3s to get an idea if they like the music, and then buy the CD if they like the music. If people don't like the music, they don't buy the CD.

      Hmm. Think about that last bit : If people don't like the music, they don't buy the CD.

      IF CD sales are down, I wonder why....

    12. Re:My take by Anonymous Coward · · Score: 0

      Weird. Did you only listen to rap music at work? If that's the case then I can certainly understand why you wouldn't have an interest in music. Seems odd that that's the only kind of music you've been exposed to though. You wouldn't happen to be the Bubble Boy would you?

    13. Re:My take by Buzz_Litebeer · · Score: 1

      no im not the bubble boy, i just didnt listen to music, but im not an anonymous coward either, so i guess that says something for me.

      --
      If you don't vote, you don't matter, so don't waste your time telling me your opinion
    14. Re:My take by Reglar_Joe · · Score: 1

      Today's US music industry relies on people not hearing the crap on the disc ahead of time, so that they might be fooled into buying it. Since they have managed to get their industry into such a run-down state that the only way they can manage to sell anything is by accident or deceit (wouldn't you call filling a CD with two good songs which get radio advertising time, and the remainder with remixes or other crap deceit?) they have to force people to not preview the music Um, this has been true for the last fifty years that I know of. There have always been tracks on LPs that never made it to the air, and one of the joys of buying an album was hearing those "non-popular" tracks. To say nothing of the flip side of singles.

    15. Re:My take by dh003i · · Score: 1
      You have almost completely missed the point.

      What do you think most people download over a month from P2P networks? Probably hundreds of songs, amounting to (these days) 10 - 20 CDs. Do you really think that if P2P wasn't there, they were going to buy 10 - 20 CDs a month? No, of coruse not. So the music industry has not lost 10 - 20 CD's worth of revenue.

      People -- even those with Cable modems like myself -- still buy CD's. The average person probably bought 5 CD's a year before P2P. I count myself as one of those "average people". I usually bought about 5 CD's a year, and still do, despite having P2P. In short, the music industry has lost nothing, so they can quit their bitching. Now, that said, I typically don't buy the crap that the RIAA is pushing. That stuff is not worth my money -- that's the stuff I download for recreation. If I'm going to shell out money for a CD, it's going to be real music -- not this modern day fling-in-the-pants stuff. By that, I mean "classical" music (Beethoven, Wagner, Schubert, Strauss, Mozart, Bach, Vivaldi, etc), which is all in the public domain anyways, and some excellent modern music of sophistication (like, for example, stuff by John Williams, Samuel Barber, (outlier) Wilson Pickett, Copeland, etc.


      In short, before P2P, the music industry made zilch off of me. Now they still make zilch off of me, but I download their music. Correction, after P2P came ought, I bought the 3 Britney Spears CD's, so they've actually made more money from me now than before. So, why do people still buy basically the same number of CD's as before? The answer is simple: for stuff they really like, they want the highest quality, which -- no matter how good compression gets -- can never be replicated by compressed music. They might also want whatever perps come with the CD.


      Despite all of the RIAA's bitching and moaning, they haven't proven that they've lost any money because of the sharing of music. It seems to me more likely that they've gained money, due to the enormous surge in interest in music, caused by P2P. P2P has been good for music as a whole, so quite frankly, I could care less about the RIAA's bottom line. P2P has caused an surge in interest of music as art -- e.g., classical music, and contemporary. This is good for music.


      As to why the RIAA's bottom line seems to be going down, let's do a reality check. We're in the middle of a recession. Recession. Less money. More thift. Music is not essential. Thus, people buy less music. Can we say, "fucking duh?" Oh yea, not to mention, the RIAA's latest moves that take away consumer rights which they've traditionally had, selling consumers crippled CDs. Generally speaking, selling crippled crapware products is not a good way to maintain a thriving business. Nor is calling your customers thiefs.

    16. Re:My take by Anonymous Coward · · Score: 0

      It currently costs roughly $4-5/USD to put a cd into the hands of consumers in the record stores, which does take into account shipping, packaging, printing, and so on. The remaining $10-15/USD that you pay is.. PROFIT

      To be fare (I don't know the numbers precisely), but if the $4-5 to produce is correct and the retail price is, say, $18. Retail stores typically mark up items 100%, so they must be getting the cd for about $9. So that leaves $4-5 "profit" for the record label. For a new release, this does not seem excessive. However, the record labels charge basically the same price for 30 year old recordings.

    17. Re:My take by cribcage · · Score: 1

      Most people realize (intuitively) that downloading music/movies/software is (at the very least) a victimless crime in that 99.99% of the stuff that is downloaded and not later bought would never have been bought anyway.

      Most people, yourself included, fail to realize that profit is only part of the issue, here. And for independent artists who oppose Napster, etc., profit is a small part (pun intended). The larger issue is an artist's ability to control his own works. That control is assured by copyright law. When you up- or download a piece of music, you are exercising control over that music -- control to which you have no right. You are violating the artist's ability to control his own work.

      Let's take a conceptual art work, as an example. I'm a musician. I decide that I want to create an artwork, consisting of two stages: producing a recording, and distributing that recording to 63 people. (Maybe the number 63 is significant because my mother died at 63. Whatever.) Copyright law assures me the right to perform this work exactly as described. When I sell one of my 63 CDs to you, you own that recording. You own only that recording. You own no rights to distribute.

      Copyright law says that you may copy that CD, for yourself. You can burn two copies, if you like, so you can listen at work and in your car. This violates neither the law nor my performance artwork, because you still count as only one of 63 people. Copyright law also says that you may sell that CD. (Legally, you may not retain any copies for yourself, once you have sold the original.) And if you do this, you still have violated neither the law nor my performance; you have altered the makeup of the 63 people, but not the number.

      Let's address an often-misunderstood corollary: CD burners. CD burners are legal because, on their own, they do not change anything. You have the right to sit in your house and burn 20,000 copies of the new Britney Spears album, if you choose. You do not have the right to walk outside and distribute those copies, however. Whether or not you accept money is irrelevant. You cannot sell those copies, and you cannot give them away. If you do either, you are violating the rights of the artist, to whom belongs the sole right to control distribution. (...Until those rights are contractually signed away to a record company, obviously, which then becomes "sole possessor," depending on the contract's language, et cetera.)

      I am driven absolutely nuts by people who brag, "I understand that I'm breaking the law," but who continue to rant and rave about greedy record companies who don't deserve money. Granted, Sony, WEA, EMI, etc. are gravely concerned about money. But most artists -- remember, the folks y'all claim to respect? -- care more about the underlying issue of control. If you continue to file-trade, fine...but at least understand the issues that are under debate. It's the difference between a decision, and an educated decision.


      crib

      --

      Please don't read my journal
    18. Re:My take by Erasmus+Darwin · · Score: 1
      "It currently costs roughly $4-5/USD to put a cd into the hands of consumers in the record stores, which does take into account shipping, packaging, printing, and so on. The remaining $10-15/USD that you pay is.. PROFIT."

      Nonono. It's only PROFIT once the production costs are paid off.

      "Please do some research first. CDs do not cost $15.00/USD each to produce and master."

      I never said they each cost $15 to produce. However, until you pay off the production costs, you're still in the hole on each CD sold. It was my argument that someone who wishes to make an unlimited number of duplicates of a CD should have to pay the production costs of that album. Making unlimited duplicates essentially negates the label's ability to distribute the production costs over a number of CDs.

      "You just reinforced my point. These were obviously leaked from the studio itself, so how are "piraters" and p2p/filesharing services to blame?"

      Whether it's leaked by someone working in the studio or a consumer or a reviewer doesn't change the fact that someone without authorization is redistributing the file.

    19. Re:My take by IamTheRealMike · · Score: 1
      What do you think most people download over a month from P2P networks? Probably hundreds of songs, amounting to (these days) 10 - 20 CDs. Do you really think that if P2P wasn't there, they were going to buy 10 - 20 CDs a month? No, of coruse not. So the music industry has not lost 10 - 20 CD's worth of revenue.

      Sure, I understand these arguments. Problem is, they aren't very good. Under the current system, if you download a CD, you've "stolen" it, in that you're listening to it but not paying for it. That does hurt the creators, maybe if they got a bum record contract it hurts the record company more, but you can't just write it off as having no impact, because if everybody did that, they'd never get paid at all.

      So to say, well this is OK because the RIAA would never have got my money anyway, is silly, because it doesn't generalise - if everybody thought this way, it's essentially become a way of justifying increased consumption but stagnant or decreased flow of money from you to the artists (and of course the middle men).

      My point is, as always in these threads, not that the current system is cool and we should all dutifully pony up our dues and never download music. It's that there are too many people who simply use the "The RIAA is evil and they wouldn't have had these sales anyway" line to justify being cheap, or even illegally profiting from other peoples work. So I dislike two things, I dislike the current system and I dislike people who abuse it and then try and justify it to themselves.

      Bottom line is that people who take advantage of the system while attempting to paint their actions in a good light piss me off. If the system is really so bad, why are they not trying to change it? Why are they not signing up artists to their indy label which promises ethical treatment and makes all the bands music available as oggs on their website? Maybe they don't have time, or the skills. Fine. So wait until somebody else changes the system. Until then, live with it, and if you would normally download 20 CDs a month, buy them instead, until you can get that music for free with the consent of the artist or author.

    20. Re:My take by dh003i · · Score: 1

      Actually, these arguments are good, because no-one EVER bought the equivalent amount of CD's that they are now downloading. That does generalize. People still buy about the same amount of CD's that they used to -- that generalizes too. So the music industry is not losing anywhere near what is the dollar equivalent of what is downloaded.

      I don't feel the need to justify anything. I buy just as many CD's now as I did before, which I'll admit isn't many. Why would I, when most CD's are 75% filler? (and what I do buy is classical, which means no filler, all top-notch). Even if I didn't buy any CDs, I'd still feel no guilt. Tough shit for the music industry. Adapt or die. New technology -- P2P -- has arisen which may (according to them) threaten their business model. That's their problem, and it means they need to come up with a new business model, or perish and make room for those who can adapt.

      New technologies come along all the time that make old business models -- and indeed, old businesses -- obsolete. We are no longer in need of monastic scribes. Nor do we need horse and buggy. What about abbicus'? The list goes on and on. The world evolves, and if you can't adapt, that's too damn bad.

      I'll tell you this -- music isn't going anywhere. Music is here to stay. Indeed, music will thrive like never before, precisely because of P2P and the interest it generates in music. I predict, indeed, specific types of music -- those which were previously relegated away to insignificance -- will thrive, especially modern classic music.

      In fact, I hope there is a regime change in the music industry. It is corrupt and exploitative, both of artists and consumers. I'm doing my part by downloading music. Indeed, the current labels need not even go bankrupt for a regime change, but simply change their business model. Something along the lines of "if you buy 20 CD's a year, you can download unlimited music", is a simple and easy way to take advantage of the situation, and create an enormous incentive for people to buy more CD's than they ever would have before.

    21. Re:My take by drinkypoo · · Score: 1
      It doesn't matter if I buy a CD or not as far as the artist is concerned. Only the label (and the people working for the label) really makes money, the greatest value to the artist is in advertising, which they get whether I purchase it or download it.

      If you want to support musicians, the actually important people in the equation now that music distribution can be done in ways other than by selling tapes and/or CDs and still be cost effective, go see them play, even if you have to travel to do it, and download their music. It might cost you more, but they will (in almost all cases) get far more money this way, and you will get to go see them live before the lead singer offs themselves with drugs or a firearm and you're pissed off because you never went to go see them; my situation with both Sublime and Morphine, two of my favorite bands ever. And let's not forget Nirvana.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    22. Re:My take by jaelle · · Score: 1

      I haven't seen anyone mention a point (yet) that seems rather obvious to me. File-sharing is the biggest underground radio outlet the world has ever seen. All of the music I buy now is from bands I have found through file-sharing, and none of them have ever made our local airwaves. None of them are in the stores. I prefer the higher quality of mastered CD's, and burning my own from mp3's is largely a waste of time because of quality issues.

      If I were a musician today, I'd be working like crazy to get myself all over the file sharing hubs--it's exposure! I have friends, who are very good musicians, whose boxes of cd's are gathering dust because they can't get airplay. So far, they aren't familiar enough with the internet to understand this notion, but they certainly have nothing to lose by giving the rest of us a chance to hear them!

      Jaelle
      ---

      --
      You have the right to remain silent. Anything you say will be misquoted, then used against you.
  23. Laws are made to suit society by Anonymous Coward · · Score: 0

    Why do people believe laws are absolute? We're not talking about laws of physics here - we're talking about common law. If everyone believes in something (like downloading MP3s for free) the laws should reflect society's wishes. They are the voters, afterall. If a law is not upheld (and there are many) it is because people realize it is a bad law.

  24. Newsflash: More research by borg · · Score: 5, Funny

    In other news:

    • 95% of drivers over 18 years of age think it's not a crime to go up to 7 mph over the speed limit.
    • 100% of fourth graders think that they shouldn't have to pay anyone to sing "happy birthday" in class.
    • 82% of record company CEOs didn't think that they did anything wrong when they conspired to raise the cost of a CD.
    • 100% of christine aguileras surveyed thought it was ok to teach fourth grade girls how to be whores.

    ok, i'm not sure what i'm getting at (especially with that last one...), but it's something along the lines of "law doesn't equal ethics." you can buy a law, but Leges sine moribus vanae ("Laws without morals are useless.")

    --
    Fermat's other theorem: "I have a simple proof, but I can't write it down as I fear it's a DMCA violation to discuss it"
  25. Semantics by worst_name_ever · · Score: 4, Interesting
    Only 9% feel there is anything wrong with their actions.

    Note thechoice of words. I'd be willing to bet that the majority of people who download mp3's are well aware that what they are doing is illegal, but may not believe in their heart of hearts that it is actually wrong - there's a semantic difference implied at the very least.

    --

    In Soviet Rush, today's Tom Sawyer gets high on you.
    1. Re:Semantics by Anonymous Coward · · Score: 0

      Actually, I'd have to say the majority of the people who download mp3s "think" that it maybe illegal, but don't feel that it's wrong. The "think" part is a big difference. The reason why the music association hasn't been able to curb music downloading is because its NOT illegal to download music per say--theres a host of other qualifiers that need to be added to make it illegal. For example you can legally download music that you own on record, tape, or cd, and are just too darn lazy to burn; there are tons of legal mp3 samples (many full songs) that you can download directly from the artists site, that get traded and traded again; and lets not even get into the murky issues of ripping radio streams and or pre-purchase downloading.

      There are reasons individuals aren't getting prospecuted in this anti-piracy/copyright infringement war, because its about controlling distribution rather than whether or not joe schmoe with 30,000 songs on his hard drive has a single or multiple copyright violations. I know plenty of those joe schmoes and its a 60/40 likelihood that one will not have a single legal mp3, while the others may not have a single violation.

      The biggest disservices that the music association has done, is framed the argument. So many people now consider it illegal just to even make mp3s, that when someone asks them if they own illegal music, they may say yes. Of course there are always adept liars. But the original copyright infringement arguments had some blurred focus on not whether you could rip an mp3, or download an mp3, but whether you had the right to make something you legally owned available to 1000s of people. Which is why distribution points such as Napster were target.

      Legally, at least in terms of challenges this is still predominantly where the arguments are: prevention of ripping by encrypting or corrupting the digital stream, and or closing of distribution points such as Kazaa and other P2Ps. While the music association is more than willing to make every file sharer feel like a criminal, they can't legally make you a criminal for downloading an mp3. Not yet, but they are trying to get those laws changed.

      Proving a copyright violation at the user level is a hard thing if the individual has even just a medium size collection. From verfication that the songs doesn't exist on any currently owned albums, tapes, cds, or dvds, to verifications that the songs couldn't have been legally downloaded for free from the record company, the artisit, or any artist promotion opportunity that may have been stage, to further verification that the song wasn't copied from a radio station (which has even murkier legal issues).

      Sure, there are plenty, even after this issues are sorted through, that will have tons of legally classified illegal music, but the legal classification is far different from the RIAA's declaration of illegal activity.

  26. Re:Not suprised.... by Anonymous Coward · · Score: 0

    are you republican?

  27. Most know it is wrong by intrico · · Score: 4, Insightful

    But, we look at it the same way as going 5-10 MPH over the speed limit while driving - we know that the risk of cops bothering to single any one of us out for a pullover while everyone else is speeding at the same time is slim, so we continue to do it.

    1. Re:Most know it is wrong by gitreel · · Score: 1

      There is nothing wrong, immoral, or illegal about defending your rights. The money hungry corporations have been overcharging us for years. I cannot even count all the times i bought a disk only to like one song. The whole problem with copyrights, is that they are misused. The AA's like to make things scarce. Disney is the worst at this scheme of thinking. Buy Beauty and the Beast now for a limited time, and then it goes back in the vault for 50 years. Am I the only person who has a problem with this. I say we fight back with our wallets. It is the people with all the money, that say it is illegal. According to the fair use act, If I bought something, I could do anything with it. I could even make a copy and give it to a friend. What is the difference? We should be allowed to copy dvd's for personal use just like videotapes as long as we do not sell the product. The AA's do not like this and are trying to take our rights away.

      --
      Never have so few words meant so little to so many people.
    2. Re:Most know it is wrong by Sycraft-fu · · Score: 1

      No that's the thing. They know it is illegal, but don't believe it is wrong. There's a difference. Morals are not required to be in tune with the law.

    3. Re:Most know it is wrong by Jah-Wren+Ryel · · Score: 1

      LOL! There is no such act. "Fair Use" comes from common law, not an act of congress - those are reserved for eating away at fair use.

      --
      When information is power, privacy is freedom.
    4. Re:Most know it is wrong by fafalone · · Score: 1

      5-10 over? Going 20-30 over isn't wrong if you have a radar detector. Speed limits are wrong, I should be free to go as fast as I can so long as I'm not driving recklessly. But we use traffic cops to enforce these laws within reason; we don't have companies refusing to make cars that go faster than 70mph or have all sorts of insane technology in the car limiting the speed to whatever is posted- and similarly P2P programs shouldn't be shut down.

    5. Re:Most know it is wrong by gitreel · · Score: 1

      It was put into law many years ago. That is why some congresspeople want to change the dmca because it took away our fair use rights and some congresspeople want to restore those rights.

      --
      Never have so few words meant so little to so many people.
    6. Re:Most know it is wrong by Anonymous Coward · · Score: 0

      Yeah? So? What's your point? How does that statement add to the conversation other than show that you don't know what common law is?

    7. Re:Most know it is wrong by gitreel · · Score: 1

      Common Law is isomething that is implied. This was never implied. It was a law. You should review the home audio recording act.

      --
      Never have so few words meant so little to so many people.
    8. Re:Most know it is wrong by shepd · · Score: 1

      >we don't have companies refusing to make cars that go faster than 70mph

      You would be surprised. :)

      In many countries there are laws that prevent the sale of cars to regular consumers that go over about 300 km/h (can't remember the exact speed, sorry, cars aren't my specialty -- it was mentioned on Driver's Seat once or twice), and many manufacturers voluntarialy limit the speed of their cars (mostly because today's shitboxes are so light they'd fly off the road or blow up their shitty tires if they went over 160 km/h).

      Fortunately, I'm told my Corrola doesn't have a governor. Not that it doesn't feel like it'll explode at 150 anyways, so it's a little pointless, but hey. "I dunna think she can withstand any more captin'! She'll tear herself aparrt!"

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  28. Comment removed by account_deleted · · Score: 4, Interesting

    Comment removed based on user account deletion

  29. "illegal" != "wrong" by wayne · · Score: 5, Insightful
    The statement that Ipsos asked people if they agree with is "Downloading free music off the Internet is wrong". Only 9% sgrongly or somewhat agreed.

    There is a difference between what is illegal and what people believe is wrong. Before the civil war, it was illegal to help a run-away slave, even if you were in the North. Many people worked on the "Underground railroad" anyway and didn't think it was "wrong" to help slaves.

    Now a days, the whole concept that you could "own" a person seems pretty strange. But then, some people today also think that the whole concept that you could "own" an idea is pretty strange.

    --
    SPF support for most open source mail servers can be found at libspf2.
    1. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 2, Insightful

      Owning people isn't that strange.

      I mean the majority of people in America have to rent themselves to a master for 8 hours a day to feed their family so it's not that strange at all.

    2. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 0

      You have no idea how much freedom you have. You can leave that employer, move somewhere else, get a new employer or even be your own employer.

    3. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 0

      you compare slavery with pirating music?
      noone says they own the idea of a song, people work hard to make a song and spend alot of time, then you steal the pleasure of listening to it rather than paying. its a small mind that cant grasp the idea that if something isnt physical it has no value. if stealing a cd is illegal then so is hearing the song without paying.

    4. Re:"illegal" != "wrong" by hackwrench · · Score: 1

      I can't open the door for someone and then demand that I be paid. Just because it is so, doesn't mean that the act of opening the door doesn't have value. That's what musicians do the equivalent of. They do a job no one hired them to do, then expect to demand payment. Hotels hire doormen, you know.

    5. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 0

      Jeez, are you really that naive? An employment relationship is nothing like slave ownership. Among other things, your employer can't lock you up, whip you, or execute you. And you are usually free to leave any time you choose.

    6. Re:"illegal" != "wrong" by Pendersempai · · Score: 1
      But then, some people today also think that the whole concept that you could "own" an idea is pretty strange.

      You can't own an idea. Copyright applies only to creative works in their original form, and it's not ownership; it's a limited monopoly on the rights associated with copying it. Hence, "copy right."

      This is a very common misconception with copyright -- it does not apply to ideas, and it does not grant ownership.

      But owning an idea is not at all counterintuitive. If I think of something and tell no one, the idea is mine. I own it. No one can force it from me, and I'm free to take it to the grave. Ironically, this sort of ownership is exactly what patents are designed to prevent.

    7. Re:"illegal" != "wrong" by gitreel · · Score: 1

      Musicians make music because they love music. They do not do it for money. I used to be a musician so I know. I do not know where you get this services idea from, but it is kinda off-base.

      --
      Never have so few words meant so little to so many people.
    8. Re:"illegal" != "wrong" by hackwrench · · Score: 1

      I get the services idea from the fact that musicians still want to get paid.

    9. Re:"illegal" != "wrong" by Ramze · · Score: 5, Interesting
      I totally agree.

      According to the Home Recording Act, I can record any signal I can pick up in my home from the radio or TV AND let any of my friends or family borrow or record from my recording.

      So, it's not illegal for me to get a radio tuner for my PC and encode songs to MP3 -- yet, it is illegal to download those exact same songs in mp3 format or to post them to the web, but it is legal for me to give my radio-encoded mp3's to any of my friends. Also, the same is true for any TV shows. I can record The Sopranos, burn it to a DVD, and give it to a friend, yet I can't download the episode of the Sopranos I missed last week even though I pay for HBO!!

      Anyone else think this is stupid? I can listen to any music on MP3 whenever I want -- so long as the original source was from either a CD I baught, the radio, or a friend or family member who gave it to me as long as they got it from the radio or TV -- but NOT from a stranger online... mmmkayyy. But, if I met a stranger online in person, and we were friends... they could give me a copy & that'd be legal.. so long as their source was from a the radio or TV.

      I fear that laws will change to where noone can copy anything (goodbye fair use), but I'd prefer that they'd change so that noone can enforce a copyright longer than 7 years. (after 2 years, most music and movies have made their serious dough anyway -- 'cept TV shows b/c they get their major money in sindication (sp). I think a fair compromise would be -- you can't copy anything for other than personal use, parody, news media, or some other variant of free speech/fair use ... unless it's 7 years old :-) (in other words, no sharing of an exact copy of a full work with anyone unless it's 7 years old)

    10. Re:"illegal" != "wrong" by gitreel · · Score: 1

      Yes but there are alot of musicians that do not make any money. They do it because they love music. These days, you have to be a pretty little doll like britney spears, and show off your figure to make money. That is not my idea of music.

      --
      Never have so few words meant so little to so many people.
    11. Re:"illegal" != "wrong" by Snoopy77 · · Score: 4, Interesting

      If you read up on some of the ancient philosophers and how they defined law you will actually find that most, if not all considered unjust laws to be invalid. While in practice the lawmakers would probably disagree and charge you with breaking the law if you chose to do so, theoretically I have no problem with there claim. Slavery would in this case fall into the unjust area of law. I doubt the 'average man' would disagree with me there. But do copyright laws fall into the unjust area? I challenge anyone to explain to me how copyright laws are fundamentally unjust. You can't get everything for free.

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    12. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 0

      Only the "beautiful" people are popular anymore when it comes to music, not to say there is any music involved.

    13. Re:"illegal" != "wrong" by Chemical · · Score: 1
      "You can't own an idea."

      If that is true, then what the hell is "Intellectual Property" and why do we have laws protecting it? You can own ideas/concepts in this country.

    14. Re:"illegal" != "wrong" by iamdrscience · · Score: 1
      Copyright applies only to creative works in their original form, and it's not ownership; it's a limited monopoly on the rights associated with copying it.
      ahh... that's the idea of copyright, but nowadays it's not limited! Copyright has been extended so many times now that it has become effectively indefinite. Very little has come into the public domain now that copyright terms are lasting 70+ years and still growing!

      Furthermore, the right to copy is a right "the people" have traded away in copyright law because for the greater part of history (up until maybe 20 years ago) hardly anybody would have taken advantage of their right (they would need a printing press, a record making machine, all kinds of stuff out of their reach!) so it was to their advantage to trade away their right to copy. Unfortunately now "the copyright industry" feels that their monopoly over the copying is a natural right like the freedom of speech.

      The MPAA and RIAA do feel that their members own their content and I doubt either Jack Valenti or Hilary Rosen would dispute this.
    15. Re:"illegal" != "wrong" by seschmi · · Score: 2, Interesting

      The problem is that the definition about what is "unjust" can change quite fast. At the times of slavery, only few people considered it unjust to hold slaves.

      Another, more recent example: After the reunification of Germany, many people (e.g. members of the secret services of the GDR) found themselves punished for things they didn't believe to be unjust before.

      If you think about it, most people have a relatively simple system of ethics:

      1. Very important: Rules that protect people (like themselves). Most people don't kill other people, as they don't want to be killed. Even if there is no enforcement, most people follow this rules.
      2. Less important: Rules which are important to keep the society running. Most people accept the statement that the government needs taxes, but they pay taxes only if they are forced to do so.
      3. Least important: Rules, where people cannot see that anybody is harmed if the rule is broken.

      Drinking alcohol and filesharing fall in the third class.

    16. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 0

      If that was really the question then those 9% are wrong (because the question asks about downloading /free/ music).

    17. Re:"illegal" != "wrong" by kubrick · · Score: 1

      Only 8? You have it easy.

      --
      deus does not exist but if he does
    18. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 0

      your employer can't lock you up, whip you, or execute you

      No! Massa says he cans do whatevar he likes wid me. Massa noes best. Is just a poor black boy wif no brains.

    19. Re:"illegal" != "wrong" by Anonymous Coward · · Score: 0

      Ah yes. Comparing slavery and downloading the latest song by "Pink." Not a stretch at all.

    20. Re:"illegal" != "wrong" by joss · · Score: 1

      > You have no idea how much freedom you have

      Maybe you have no idea just how much freedom you dont have. With high enough unemployment and/or sufficient concentration of capital, there is no functional difference at all between real slavery and wage slavery.

      > You can leave that employer, move somewhere else, get a new employer or even be your own employer.

      These options are open to most Americans still, but they all assume you have a certain amount of capital or some slack, ie you can earn in a week more than you absolutely must spend in a week. There is no guarantee this will remain true.

      --
      http://rareformnewmedia.com/
    21. Re:"illegal" != "wrong" by pwtrash · · Score: 1
      "Only 9% thought that file trading was wrong. Only 21% feel that that P2P file trading hurts artists."

      That means 12% said that they believed what they were doing was hurting artists, but that it wasn't wrong. Who are these people? What _would_ be wrong in their minds?

      On the other hand, it seems surprising that the Republican administration made up 12% of the sample size.

    22. Re:"illegal" != "wrong" by zentigger · · Score: 1

      So if you had Web-TV, would tahat make it ok to file share?

      --

      the above is my personal opinion and does not necessarily reflect that of the little voices in my head

    23. Re:"illegal" != "wrong" by Danse · · Score: 1

      yet, it is illegal to download those exact same songs in mp3 format or to post them to the web

      Actually, I think downloading them is technically legal, it's the uploading (distributing) that is illegal. But since P2P only really works when people are willing to upload as well, you kind of have to break the law.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    24. Re:"illegal" != "wrong" by Danse · · Score: 4, Insightful

      The unjust part of copyright law is the fact that it is no longer a balancing of the rights of the consumers and the rights of the creators. There is no such thing as a "natural copyright". In fact, given the obvious ease with with ideas spread, it would seem that nature is quite opposed to such a thing. Copyright was created to make sure that creators were compensated for their work, and that the work could be made widely accessible to the people of this country. Ideas that were good and that people liked would end up staying around and being changed and built upon. Now, over the years the scales have tipped WAY in favor of the copyright owners (who are rarely the creators anymore), giving them more and more control over much longer periods of time. What have we gotten in return? Absolutely nothing. That is what I feel is unjust.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    25. Re:"illegal" != "wrong" by autophile · · Score: 1
      I can record any signal I can pick up in my home from the radio or TV AND let any of my friends or family borrow or record from my recording

      So, it's not illegal for me to get a radio tuner for my PC and encode songs to MP3 -- yet, it is illegal to download those exact same songs in mp3 format or to post them to the web, but it is legal for me to give my radio-encoded mp3's to any of my friends...Anyone else think this is stupid?

      You must have a lot of friends.

      --Rob!

      --
      Towards the Singularity.
    26. Re:"illegal" != "wrong" by Snoopy77 · · Score: 1

      Copyright does not protect ideas but the expression of those ideas. But I do agree that the length of time that copyrights exist for is too long. Something should be done about that. But does this legitamize (sp?) downloading songs from the internet? In most cases I say no cause most people are downloading pretty recent songs for which I believe copyrights are totally valid.

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    27. Re:"illegal" != "wrong" by Danse · · Score: 1

      Maybe if copyright didn't last for an obscenely long period of time, there would be plenty of other things created that people would download instead. As it stands now, nothing has entered the public domain in nearly 30 years. What else do people have to work with?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    28. Re:"illegal" != "wrong" by Snoopy77 · · Score: 1

      I would like to keep this on topic so I will address only copyrighted music.

      My bet is that you will find that most music downloaded using Kazaa and the likes is primarily music that has been produced in the last 10 years with a high percentage in the last 3. This music, I feel, must be protected by copyright.

      Even if the copyright laws were changed to minimize the length a copyright can exist it can only realisticly be reduced to somewhere beyond 10 years. Reducing it to anything less than 10 years really starts to erode the rights artist have to protect their creations. This will still mean that a majority of people will still be breaking copyright laws.

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    29. Re:"illegal" != "wrong" by angle_slam · · Score: 1
      According to the Home Recording Act, I can record any signal I can pick up in my home from the radio or TV AND let any of my friends or family borrow or record from my recording.

      The Audio Home Recording Act only covers music, not TV. And it is not limited to radio, it also applies to CDs, records, and cassette tapes. But it only covers copying, not distributing.

      Also, the same is true for any TV shows. I can record The Sopranos, burn it to a DVD, and give it to a friend, yet I can't download the episode of the Sopranos I missed last week even though I pay for HBO!!

      Where did you get that idea from? It is not legal to record the Sopranos and re-distribute it. The Sony case only covered time-shifting. Strictly speaking, librarying TV shows was not covered by the opinion.

    30. Re:"illegal" != "wrong" by Danse · · Score: 1

      I agree that most of the downloading is of recently created material. What I'm thinking, however, is that if copyright laws were perceived as something fair and right instead of the handouts that they are, then people might have more respect for them. As it stands, not only are copyright holders given an amazing amount of control over their works, they are given this control for a period that is longer than a normal human lifespan, making it effectively unlimited. Since our government gives them this monopoly, people have a right to expect something in return. The fact that there is no benefit to the public is what leads people to believe that copyright law is just some ridiculous thing dreamed up by people with tons of money. So taking a bit back wherever they can doesn't seem like a bad thing to most people.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    31. Re:"illegal" != "wrong" by Snoopy77 · · Score: 1

      copyright holders given an amazing amount of control over their works

      And rightly so! We, the common people do not have a right to demand unlimited access to someone else's creative expression. Who would bother to write a book or a song if once produced it became a free-for-all to copy? The benefit to the public is that artist are willing to share their creative expression. But No! The public want's more. We want it for ourselves, to be able to do with it whatever we want. That's just plain selfish. Perhaps not as selfish as music companies but that does not make copyright laws wrong or even unjust.

      But again I say, the period of time that copyrights exist for needs to be looked at. But the public do not have some natural right disregard copyright laws and act as if they are on some moral high ground.

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    32. Re:"illegal" != "wrong" by Danse · · Score: 1

      We, the common people do not have a right to demand unlimited access to someone else's creative expression.

      Whoa... talk about putting the cart before the horse. We, the common people, don't have to demand anything. We already had the right and ability that nature gave us to copy anything we want to the best of our ability. If someone chooses to sing a song in front of me, there's nothing to stop me from singing that same song (or reciting that same poem, writing that same code, etc.). There's nothing to stop me from making a recording of it if I have that ability. It was the creators making the demands. We, the common people, decided that it was in our best interests to give them a limited monopoly for a limited amount of time on their work so that they could make a living from it and would have an incentive to create more of it. There's absolutely nothing natural about copyright. In fact, it goes quite against nature. The goal is not just to make these works available for some price to the public, it is for them to become public domain so that anyone can build upon them and use them in new and innovative ways. When copyright stops being in the interest of the common people, then it really should be reformed. Unfortunately there's too much money being thrown at our government from people who want to make sure they retain their monopolies forever.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    33. Re:"illegal" != "wrong" by Ramze · · Score: 1

      I believe you're correct, however, I've seen legal arguments about the legality of downloading files that you know are copywrited and haven't been paid for. This would fall under the same areas of law as buying stolen CD's and such that you know are stolen -- I forget if it's an accessory to a crime or if there's another legal term for knowingly participating in an illegal activitythat they can get you for... hmm... brain doesn't work well at 1:00 AM.. lol

    34. Re:"illegal" != "wrong" by Ramze · · Score: 1

      Ah, I stand corrected... However, there is a law which allows distributing, not sure which -- not a lawyer.. lol. Aimster's law it hid behind was a sharing clause which allowed people to copy and share tapes and other music among friends and families. As for the TV shows, recording is allowed, but perhaps not redistrobution... however, the argument that I can record it off of the TV, yet can't download it is still valid, but then again, it's really the uploader who is in violation for sending it to possibly unauthorized people w/ out permission of the copyright holder.

  30. Society limits by Hatechall · · Score: 1

    I think it just goes to exemplify human nature.If you can benifit and get away with it, regardless of the morality, people will. Still up for auction is the issue of if it is truely wrong, but for living in a society of rules, one must obey them, or attempt to get that changed.

    You can sue one file trading application after another, but those are just bullets. The smoking gun is human nature.

  31. so... by lordsid · · Score: 1

    if the majority is always right, then why is this still illegal? oh wait i forgot, what we think doesn't matter, what the people with the money does. damn, snared again.

    --
    IMAGE VERIFICATION IS EVIL!
  32. Should be viewed as a great by Archfeld · · Score: 1

    confirmation of the course of consumer indoctrination the large corporations have been on in the US for 20 years. They wanted mindless consumers, now as they are being eaten alive they discover some slight problems with that business model. I just hope the RIAA doesn't give the consumer public heartburn...

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  33. Re:Not suprised.... by Anonymous Coward · · Score: 0

    Nope. Bomb them anyway.

  34. 9 Percent of People Believe Anything by gadlaw · · Score: 5, Insightful

    Look here. When I bought my first portable radio it had a cassette recorder so I could tape music from the radio. Then I bought a portable CD player that had a cassette recorder in it so I could tape music from the radio or CD. Then I bought I stereo with many components and fancy connections so I could tape from my CD and my FM receiver in high quality sound. Then I bought a VCR so I could record shows, movies and even music. Then I bought a fancier one so I could make even better quality tapes and copies of movies and shows. Now I have a computer and an internet connection, a CD burner and access to even more music than I could get from my radio or FM receiver with a high gain antenna. I can make tapes and CD's of music like I always have to listen in my car or elsewhere. Now you want to tell me I'm a 'pirate', a 'thief' or a 'criminal' for doing what I've always done and I might add-something that the technology has always allowed me to do. I'm surprised that 9 percent of the people think it's wrong now. In better news, 91 percent of the people are not so gullible as to believe something that's always been legal and encouraged is now illegal.

    --
    Enjoy your Karma, after all you earned it. Feel your Karma Joe, feel it burn.
    1. Re:9 Percent of People Believe Anything by saifatlast · · Score: 1

      You have a great point here. I'm curious though, does anyone know what sorts of arguments are being used to justify the difference between file sharing and "free-use"(such as recording from the radio or tv)?

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't regist
    2. Re:9 Percent of People Believe Anything by Anonymous Coward · · Score: 1, Insightful
      I'm surprised that 9 percent of the people think it's wrong now.

      That 9 percent is the guilty conscience that subsidizes your freeloading, pal! Same thing with the few people who actually buy porno DVDs, and access to porno websites, so you can download porn free forever.

      THANK YOU 9%ers!

    3. Re:9 Percent of People Believe Anything by shepd · · Score: 1

      9 percent just happens to be the amount of GWB's votes that came from atheists, so you're right on. :-) [ Thanks CNN for giving me an unintended laugh the other day! ]

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    4. Re:9 Percent of People Believe Anything by gadlaw · · Score: 1

      Dear Anonymous Coward- I would bet you that I have purchased more CD's than you have my friend but I'm equally sure you have me beat with the porn since that seems to be your interest here. Porn DVD buyers? Porno websites? Eh? I'm pretty sure we were talking about music here but if that's your interest I guess you already know about all of that. :-)

      --
      Enjoy your Karma, after all you earned it. Feel your Karma Joe, feel it burn.
    5. Re:9 Percent of People Believe Anything by Alphtoo · · Score: 1

      Gadlaw, if your first portable radio had a cassett recorder, you're too young to remember some of this, but: when the first affordable, consumer-quality reel-to-reel recorders came out, the recording industry pitched a bitch. Then the 8-track tape recorders came out and they pitched a bigger bitch. After that, tape quality was improved and cassett recorders came out, and they raised 40 kinds of hell. Same thing happened with the movie industry when video tape recorders were released. This current foolishness is just more of the same... only difference is that now they can afford to buy more politicians. Hey, Fritz, are you out there? Darn, must have missed him... he's probably at the bank.

  35. Moral? I'll do it. by FFtrDale · · Score: 5, Insightful
    It seems that large groups of folks act on the principle that,

    (a) if it seems moral and ethical (for example, I'm not taking anything that somebody currently owns away from them, and

    (b) the laws are complicated, unclear, currently in dispute, and seem to stake out large chunks of "what's fair" as "You Have To Pay For This From Now On" territory, then

    (c) people are going to do it, regardless of any attempts by people with lots of cash and hubris to have the laws they want passed by those whose jobs are to write and interpret the law.

    Folks are accustomed to being able to listen to copyrighted programs on TV or radio without paying extra. They don't expect to take things from grocery stores without paying. That distinction seems to drive a lot of behavioral choices.

    We pay for Linux distros, knowing that we can DL them for free. Why? We're willing to pay people to save us time and effort, and we have the feeling that the prices they ask are reasonable for the time and effort they expend (actually, it feels like we're getting a great deal on the results of their efforts, and Thanks!). We're not willing to pay other people to cost us time and effort with their attempts to own our choices and limit our behavior with predatory laws. That's not what laws are for.

    --
    Think, write, think, edit, think...then post.
    1. Re:Moral? I'll do it. by Anonymous Coward · · Score: 0

      i think the situation is more akin to the radio situation.

  36. Re:Adaptation.... Evolution... by mauthbaux · · Score: 5, Insightful

    It prettymuch was popular interest that ended prohibition as well. The book "Drug Crazy" by Mike Gray made that point pretty clear. According to his statistics, heavy drinking (which was a crime) and violent crime rates skyrocketted. Getting rid of prohibition helped the economy (in the hospitality industry) as well as helped decrease the amount of gang activities. Human civilzation has advanced when information and communication became more common. By promoting free access to information, society as a whole ends up benifitting (that is, unless your idea of an ideal world still has outhouses and no deoderant.) What the record and software industries need to understand is that prettymuch no matter how illegal they try to make file sharing, it will still be around. Big brother isn't going to get them out of the quandry they now face. What they really need to focus their efforts on is attempts to proffit off of it, or how they should abandon what they're doing and move into a new industry. When the automobile replaced the horse as the popular form of transportation, the people who sided with the horse-based businesses had only themselves to blame. The masses have spoken, and filesharing is going to be around until it gets replaced by better, more popular and convenient technology. Those who still try to stand on their soap boxes and stop everyone have only themselves to blame when their efforts fail...

    --
    "Operating systems suck: you're better off using only the BIOS" --trainsaw.com
  37. Re:Not suprised.... by Anonymous Coward · · Score: 0

    No, I'm not. But I'd rather be republican than French

  38. Terms by hackwrench · · Score: 2, Interesting

    Music should be paid for in terms that both the musician and listener both like. Until then, war's all.

  39. Anecdotal evidence by Joey7F · · Score: 3, Interesting

    I have been downloading songs from Sister Hazel for a few months. I was told they were pretty good, so I downloaded and agreed. Yesterday I bought their new album, virtually (heard 2 songs)sound unheard (or whatever the audio equivalent of sight unseen is).

    The only reason why I bought their album is because of Kazaa.

    This year have purchased about 3 cds. My pre file-trading average was about 5-6 a year. I know I will get at least one more when Big Bad Voodoo Daddy releases their next one in April.

    So my quantitative purchasing habits have not really changed, but my satisfaction with purchases have increased tremendously. My choices of what I buy also have changed a little.

    In summary, what the hell is the RIAA worried about? I feel most people are like me, they pay for what they like, and try to do the honest thing.

    --Joey

    1. Re:Anecdotal evidence by Thomas+M+Hughes · · Score: 2, Interesting
      I feel most people are like me, they pay for what they like, and try to do the honest thing.
      First rule of social science: never assume that anyone else is like you. Generally, you are exceptional, until the data says otherwise.
    2. Re:Anecdotal evidence by Tikiman · · Score: 1
      I have been downloading songs from Sister Hazel for a few months. I was told they were pretty good, so I downloaded and agreed. Yesterday I bought their new album, virtually (heard 2 songs)sound unheard (or whatever the audio equivalent of sight unseen is).

      The only reason why I bought their album is because of Kazaa.

      If someone told you they were pretty good, you could have borrowed a CD from them. Or gone to CD store and used one of the stations with bar codes to listen to samples from any track. Or gone to amazon.com to listen to sample tracks. Or gone go www.sisterhazel.com to listen to a medley of tracks and watch a couple music videos. In other words, there are plenty of legal ways to sample music you may want to purchase. Now while Kazaa certainly allowed you to sample the music as well, it is by no means the only way people can discern what they want to purchase.

    3. Re:Anecdotal evidence by zerocool^ · · Score: 1

      In summary, what the hell is the RIAA worried about? I feel most people are like me, they pay for what they like, and try to do the honest thing.


      Well, yeah, in a way. If i can get an album 128kbps mp3, I might go out and buy it later. But, on the other hand, if i can find it ~190 variable ogg, i don't bother.

      --
      sig?
    4. Re:Anecdotal evidence by bluelan · · Score: 1
      Sampling is diven by the listener, not the performer. When the performer drives sampling, they feed the listener the "best bits" to sell the product. When the listener drives sampling, they listen to more random bits to see if the product is worth buying. Or, they listen to a bunch of bits from a single cd to see if that cd is worth buying.

      The library, file sharing, and friends in the same city are the only sources for real sampling. The library and my local friends have very limited selection. That leaves...

      --

      I used to be a narrator for bad mimes. (wright)

    5. Re:Anecdotal evidence by atomicdragon · · Score: 1

      I used to not care much about music, only occasionally listening to the radio while in the car. I didn't own a single music CD. Then I went to college where I learned that the internet is useful if you have more than 4 kb/sec bandwidth. I downloaded music from bands that I heard on the radio, and even new ones. I have now purchased several CD's since its nice to actually own the CD's and because I think the artists deserve money for making good music. Now only if the money actually went to the musicians...

      Anyways, Kazaa is the only reason that I've spent money on music. Heaven forbid the music industry has to make a quality product like every other industry in order to get sales.

    6. Re:Anecdotal evidence by Anonymous Coward · · Score: 0

      Sister Hazel sounds like a nigger name. You shouldn't be listening to nigger music, white boy. Oooo, sit in your mom's lily white basement, Joey; listen to nigger music and pretend that you are a "bro". You honky poseurs crack me up. You are so cool dude.

    7. Re:Anecdotal evidence by Tikiman · · Score: 2, Insightful
      Sampling is diven by the listener, not the performer. When the performer drives sampling, they feed the listener the "best bits" to sell the product. When the listener drives sampling, they listen to more random bits to see if the product is worth buying. Or, they listen to a bunch of bits from a single cd to see if that cd is worth buying.

      You're implying that for some reason, performers are trying to hide the "bad" portions of their songs so listeners will somehow be suckered into buying their music. However, you have no real evidence of this. Go to www.samgoody.com - search for Sister Hazel (or whoever), and listen to the 20 second clips. It will give you a *very* good idea if you like the group or not. Now you can't hear every second of course, but what exactly are you looking for? Can you see every minute of a movie before going to it? Can you read every chapter of a book before buying it? What is so special about music that the only way to sample it is to download it and listen to it over and over until you finally conclude its ok to buy it?

      The library, file sharing, and friends in the same city are the only sources for real sampling. The library and my local friends have very limited selection. That leaves...

      You can always get a better idea if you'll like a CD if you listen to the whole thing. However, people are claiming that file sharing is the ONLY way to sample music, and this is simply not true. Sure it may be the "best" way, but the fact that other legitimate sampling alternatives exist makes it a very poor excuse to justify music downloading.

    8. Re:Anecdotal evidence by bluelan · · Score: 1
      You're implying that for some reason, performers are trying to hide the "bad" portions of their songs so listeners will somehow be suckered into buying their music. However, you have no real evidence of this.

      It doesn't matter whether there's evidence that deceit is currently practiced or not. The fact that deceit is easy in producer driven sampling and impossible in listener driven sampling makes listener driven sampling inherently more valuable to the listener. I'm using this argument because it's simpler than arguing over whether the samples available for a particular album are representative or not. That argument would never stop.

      The Audio Home Recording Act explicitly makes it legal for anyone to make a sampler compilation for a friend as long as there's no commercial motive. Non-commercial listener driven sampling is legal.

      Filesharing is a very effective method for accomplishing the legal goal of listener driven sampling.

      Oh, and I tried the Sam Goody search for Ann Reed. No luck. Yes, she is a real artist. My wife loves her music. Good luck finding a sample of her stuff to listen to without the file sharing networks.

      Neither could I find out whether I wanted the Led Zeppelin "Maximum" album or not, as none of the tracks were available to sample.

      That's the way it goes with producer generated sampling. You hear what's pushed, not what you want to hear.

      --

      I used to be a narrator for bad mimes. (wright)

    9. Re:Anecdotal evidence by Tikiman · · Score: 1
      It doesn't matter whether there's evidence that deceit is currently practiced or not.

      Of course it matters! If you are saying that file sharing is the only solution to getting around producer deceit, you really need to offer evidence that this "deception" is happening. Otherwise, I will say that legal sampling is a perfectly adequate for nearly all popular music albums, and you have no possible response.

      The Audio Home Recording Act explicitly makes it legal for anyone to make a sampler compilation for a friend as long as there's no commercial motive. Non-commercial listener driven sampling is legal.

      Filesharing is a very effective method for accomplishing the legal goal of listener driven sampling.

      I will meet you half-way on this. If I have a buddy in New York, and he wants to listen to my new Kreb Zepellin album, I think it's fine, and the AHRA might agree. However, massive file sharing networks are not ok. They are not huge "listener driven sample" networks, and you are kidding yourself if you think otherwise. While the AHSA might make allowance for legitimate non-commercial use of your own recordings, I don't think sharing music with 100,000 of your closest anonymous friends is allowed - see the demise of napster.

      Neither could I find out whether I wanted the Led Zeppelin "Maximum" album or not, as none of the tracks were available to sample.

      I never said every track for every piece of music is available today (but its getting closer and closer, and I'm sure that one day even the obscure zep imports and Ann Reed will be available). At least respond to my original point... why do you think you are entitled to sample every track from every CD you might buy? How is music different from books or movies?

    10. Re:Anecdotal evidence by Anonymous Coward · · Score: 0

      What new CD did you buy???

      I might want to go and download it.. :)

    11. Re:Anecdotal evidence by bluelan · · Score: 1
      Otherwise, I will say that legal sampling is a perfectly adequate for nearly all popular music albums, and you have no possible response.

      Bunk. As I've already pointed out, listener driven sampling is inherently more trustworthy and completely legal. I have anecdotal evidence, but it's too long winded for this forum, so I'll stand by the principle.

      If you want to claim that user driven sampling is not more useful, prove to me that the RIAA members do not use deceptive and manipulative marketing practices to sell lower quality material for artificially high prices. Oh, they agreed to a settlement to avoid being labelled a price fixing monopoly in court, so good luck.

      [File sharing networks] are not huge "listener driven sample" networks, and you are kidding yourself if you think otherwise.

      When I was in college, I was a music fiend, as we all were. Everyone I know sampled everyone else's music - full cds in their entirety. As a result of that environment, I bought about 65 cds. I didn't purchase all those cds while I was at school because I was poor. However, those 65 cds represent artists I discovered through the massive file sharing social network that every college campus embodies. That comes out to about 15 cds a year because of college.

      After college, I stopped discovering new artists for the most part, until Napster came along. I added 1 new artist to my repetoire in over a year and didn't buy much music.

      However, in about a year of Napster's life, I discovered about 15 new artists and bought over 30 cds by those artists. I would not have discovered the music or bought the cds if Napster hadn't been around. So, I payed the recording industry about $300.00 for a years worth of Napster. I actually bought more music per year than when I was in college - astounding.

      I also own about 15 cds by artists I already liked because I discovered they were "must have" cds by using Napster or Gnutella. That's another $150 or so in revenue for the recording industry because of file sharing.

      Gnutella and such are far less effective for music discovery. Nonetheless, I have over 15 cds on my list to get because of file sharing. I'll get them as soon as my wife lets me ;) Many of those cds I would not buy except that I was able to listen to almost all of them and determine that they were cds I wanted to keep.

      I don't keep music that isn't in my collection or on my buy list.

      Say what you like, but for me, file sharing is a massive sampling network that lets me stay in touch with current music and delve into the roots of music history. My appreciation for music would be greatly diminished if I could not sample this way, as would the amount of money I spend on music.

      I think I'm pretty representative of music sharers. Some steal. Some engage in civil disobedience and pay the artists directly because recording companies rip artists off. Most just want to figure out which cds they should buy.

      Why do you think you are entitled to sample every track from every CD you might buy? How is music different from books or movies?

      Almost all movies are easily available rent for a reasonable convenience fee. So, I can sample almost all movies in their entirety before buying. Note - the motion picture industry hated the rental market and tried to sue it out of existence when it first started.

      Almost all books are available at a library I have access to, so I can sample almost all books in their entirety before buying. Note, book publishers hated circulating libraries when they first started and tried to legislate them out of existence.

      Music audio CDs are not available for rent. A very small subset of cds are available at a library I have access to.

      So, that's how books, videos, and music differ. It's been easy to sample all of almost any book for a long time because of libraries. It became easy to sample all of a movie for a reasonable convenience fee when the MPAA failed to cripple the rental industry in the 80s. It became reasonably easy to sample all of a cd in the 90s with the advent of file sharing. For more info, see this site on the history of rental businesses, including circulating libraries.

      --

      I used to be a narrator for bad mimes. (wright)

    12. Re:Anecdotal evidence by Tikiman · · Score: 1
      As I've already pointed out, listener driven sampling is inherently more trustworthy and completely legal.

      Lets just flush out the consequences of this definition of "legal listener driven sampling". So under your interpretation of "legal sampling", should I be allowed to rip tracks off my CD collection and post them to a world-readable, search engine indexed web site for people to "sample" (with big blinky text saying THIS IS FOR SAMPLING ONLY, of course)? If your answer is 'yes it is legal', then this entire discussion is moot since we're not even talking about large file-sharing networks anymore. If your answer is 'no it is not legal', then my follow-up question is: how is using Kazaa to search and download really any different than using Mozilla to google and download? After all, the Internet is just a big p2p network anyway.

    13. Re:Anecdotal evidence by Joey7F · · Score: 1

      I downloaded parts of Chasing Daylight. It is a good album and buying the cd will give you "all access" to a few acoustic versions of other songs and an unreleased track.

      I recommend it.

      --Joey

    14. Re:Anecdotal evidence by Joey7F · · Score: 1

      Sister Hazel sounds like a nigger name. You shouldn't be listening to nigger music, white boy. Oooo, sit in your mom's lily white basement, Joey; listen to nigger music and pretend that you are a "bro". You honky poseurs crack me up. You are so cool dude.

      I am pretty sure you are just trolling, but Sister Hazel is "nigger music" in the same way that DMX is "white music" (and probably to a lesser extent because I think DMX has more of a following in white communities than SH has in black ones)

      --Joey

    15. Re:Anecdotal evidence by bluelan · · Score: 1
      Sorry, I was really busy for a bit, so this answer is really late.

      Of course, you're absolutely right that there is no difference between the http network and filesharing networks, no matter what the courts think (Napster is different from Google, how?)

      You asked about posting material, while I've been talking about downloading material. Still, it's a fair question. Posting is illegal at the moment, responsible downloading isn't. However, posting will eventually be legal, or anonymous speech will be illegal, one of the two. There's no other possible outcome for our society as technology improves.

      You've probably read the recent Freenet buzz. Can you imagine the US outlawing Freenet because it allows anonymous speech? The public relations nightmare of trying a "criminal" who used an anonymous speech program would end the career of a politician who helped pass such a law. I don't think it will happen in the United States, unless we truly sacrifice all backbone in an attempt to avoid terrorism.

      Technological advances are making bandwidth so cheap that even movie transfers will take a trivial amount of time and resources in the future. In an environment with virtually unlimited bandwidth and anonymous communication, any law against posting copyrighted information becomes unenforceable. So, eventually, non-commercial posting will be legal. Commercial posting might remain illegal because it will be possible to follow the money trail to the person who's profiting. Good enough for me.

      There are therefore two routes for content producers in the world that is coming.

      They can cripple their content with draconian controls that make their content inconvenient for legitimate users. That will create a high demand for cracked content. The anonymous net will provide easy and safe distribution of the cracked content. Since using "illegal" cracked content will be easier than using legitimate content, piracy will explode and content publishers that don't adapt will go bankrupt. That's the free market for you. It kills the stupid, eventually.

      On the other hand, if content producers make it easier to retrieve and use a legitimate copy than it is to get a illegitimate copy, the law of human laziness will take over. People will pay for an increase in convenience. The best way to make legitimate copies more convenient is to provide the files in a format people enjoy using and provide the files with absolute reliability. Who wouldn't spend a couple dimes to make sure they got a good copy of their favorite song instead of whatever was floating around Freenet?

      Oh, and as to the viability of 20 cent songs... Most cds cost around $15.00. 8% goes to the artist and composer (each), 39% to the publisher, and 45% to distrubiton costs. Assuming 12 songs per cd, artists and composers cost 20 cents per song sold. Distribution costs will drop to the cost of bandwidth and maintenance of the computer facilities, which are trivial compared to the logistic cost of negotiating store space and shipping cds all over the world. The publisher will spend less per song sold because they won't have to burn cds or print covers. So, their cut can be reduced. In addition, they won't be bearing the risk of spending the cd printing and distribution costs without getting a return, so their obscene profit margin per song sold can be reduced without harming their investment in new artists. Even if sales remain constant in such an environment, it would surely be possible to make a profit selling songs for 30 cents a piece. However, since the product being sold will be more useful to the consumer and far less costly at $2.40 per cd equivalent, sales will go up. Use of the filesharing networks will drop. And everyone will be happy once more.

      Personally, I think a 2 cent per song model is viable. In that environment, I think consumers would treat music as "pay per play" by default in that environment. Why bother to store and organize all that music yourself if your friendly neighborhood super-publisher does it for

      --

      I used to be a narrator for bad mimes. (wright)

  40. In Related News... by 0x7F · · Score: 2, Interesting

    "Ipsos-Reid has released its latest research on spamming. Bottom line, the great majority of spammers do not believe they are breaking the law. Only 9% feel there is anything wrong with their actions. With 40 million Americans identified as active spam receivers this is indeed stirring information, though not surprising. Another stat, 73% of US spammers report that their motivation for trading was to offer people legitimate products and services."

    I hate the RIAA as much as any Slashdotter, but does this really prove anything?

    1. Re:In Related News... by Anonymous Coward · · Score: 0

      They didnt only ask downloaders. They asked the general population. Pull the same thing with spamming, and maybe 1% of people will think that it's right.

    2. Re:In Related News... by 0x7F · · Score: 1
      From the article...
      The latest finding from TEMPO, the company's quarterly study of digital music consumer activities, shows almost one-fifth of the US population over 12 has downloaded music in the last 30 days. Of that number only 21% feel that free downloading hurts artists. Only 9% feel that downloadling a file is wrong.


      So, essentially, yes, they did ask only downloaders.

      Even if this was the opinion of the general public, would it mean much? They (or should I say we) have been wrong before.
  41. Duh.... by GeneralEmergency · · Score: 4, Funny

    .

    Information wants to be free...
    ...and apparently is having no difficulty finding the exits!

    --
    "A microprocessor... is a terrible thing to waste." --
    GeneralEmergency
  42. It's too late by Anonymous Coward · · Score: 5, Funny
    1. Re:It's too late by Anonymous Coward · · Score: 0

      Funny, not insightful... stupid fucking mods

  43. How do people justify it? by Tikiman · · Score: 0

    So what is going through the heads of the other 91 percent? That the copyrighted material you normally have to pay for somehow magically teleported to your hard drive?

    1. Re:How do people justify it? by Jeremi · · Score: 4, Insightful
      So what is going through the heads of the other 91 percent? That the copyrighted material you normally have to pay for somehow magically teleported to your hard drive?


      Have you been using the Internet very long? Other than your monthly ISP fee, 99.9% of the data you get off the Internet, you don't have to pay for. So yes, to most people, downloading free songs is normal and expected.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    2. Re:How do people justify it? by Tikiman · · Score: 1
      Have you been using the Internet very long? Other than your monthly ISP fee, 99.9% of the data you get off the Internet, you don't have to pay for. So yes, to most people, downloading free songs is normal and expected.

      I highly doubt that most people who pay $39.95 a month honestly believe that comes with unlimited downloading privileges of copyrighted material, especially when you have been conditioned for years and years to pay $15 for a CD. If Americans know anything it's "nothing is free". The first thought when encoutering file sharing is greed - "Great, now I don't have to pay for it!" My point is the the 91% of people who thing it is not wrong know darn well it is "wrong" in the legal sense, but have purposefully redefined "wrong" in the moral sense to justify their behavior, saying to themselves "I'll buy it if I like it" or "they are rich enough anyway".

  44. my system by Anonymous Coward · · Score: 0

    I have my computer set up to download the billboard top 100, then continuously download the songs with my console-based gnutella client. I just let that bad boy run all night and day. The MP3s are immediately deleted of course, since I would never listen to that crap.

    Since downloading MP3s is like stealing from the artists, I figure this should bankrupt those no-talent cretins in no time as their bank accounts are depleted by my endless downloading.

    Doesn't seem to be working though.

  45. And people are surprised? by M3wThr33 · · Score: 1

    Look how many people believe in the 24-hour ROM possession law? That's even funnier.

    1. Re:And people are surprised? by Anonymous Coward · · Score: 0

      ZSNES rules!

      http://www.zsnes.com/

    2. Re:And people are surprised? by smasherbob · · Score: 1

      I don't mean to be offtopic, but the problem with the ROM rule is that, frankly, getting the ROM is usually the only way to get the game =P Sure, maybe you can find some on ebay or in used video game stores, but a lot of these games have been completely abandoned by their origial publishers.

    3. Re:And people are surprised? by smasherbob · · Score: 1

      I hate replying to my own replies, but I forgot to mention this last night.

      The ROM issue I mentioned is also a common problem for my music habits. I have some very selective tastes and it'll be a cold day in hell when the retail music chains change their business model and I'm able to find, say, a good selection of Recoil. Currently they have very little of what I'm looking for, if anything. It almost looks like a pity gesture to people like me =P If it wasn't for p2p, I'd be stuck hunting down albums forever. Now I can download the tracks, then find the album at my leisure instead of hoping that this is the week they'll start carrying large quantaties of C17H19NO3.

  46. Re:You don't understand capitalism do you. by Anonymous Coward · · Score: 1, Interesting

    Capitalism works because of scarcity of resources. When something is no longer scarce (say... music downloads), people aren't willing to pay much or anything. Perhaps if they hadn't destroyed copyright law, and things from 30 or 40 years ago had entered public domain, people might be more willing to pay for new music. Imagine being able to freely download/trade any music produced before 1973.

  47. Re:Newsflash: More research by Anonymous Coward · · Score: 0

    100% of Britney Spears surveyed think boob jobs and popularity go hand in hand and would recommend them to total strangers

  48. Too small a sample by Fraize · · Score: 1

    Just playing devil's advocate here, but doesn't anybody think that 1,112 people is a pretty small sample size?

    --
    --Quidquid latine dictum sit, altum sonatur.
    1. Re:Too small a sample by CokeBear · · Score: 1

      With a representative sample of just over 1000 people, you can accurately extrapolate to many millions (with a 3-6% margin of error, 19 times out of 20). Now granted, it might be that one time out of 20 that the numbers are way off, but for our purposes, we'll call it accurate enough. Now go take a statistics course.

      --
      Reality has a liberal bias
    2. Re:Too small a sample by Anonymous Coward · · Score: 0

      There's a 50% probability you're within two standard deviations of being wrong,+/-50%. A larger sample size will reduce margin of error. It depends upon what you call accurate.

  49. And meanwhile... by Tuxinatorium · · Score: 0, Troll

    ...in other news, a new study by the FDA revealed that 99.9% of pigs can not program computers, and 80% of people think bacon is tasty. PETA picketed to protest this "nazi-esque" survey.

  50. 9 percent by tmark · · Score: 2, Insightful

    Only 9% feel there is anything wrong with their actions.

    So what are we supposed to take from this ? What percentage of shoplifters really think they're doing something wrong (I know some think they're forced to do it, or that no one is really being hurt) ?

    What percentage of heroin users think there's anything wrong with their actions ?

    What percentage of the 9/11 terrorists thought there's anything wrong with their actions ?

    What percentage of Timothy McVeigh's philosophical brethren think anything's wrong with his actions ?

    What percentage of NAMBLA members think they're doing anything wrong.

    Hey, this isn't a flame. It's just that when someone trots out an obviously meaningless statement, they need to be called out. Just because people don't think that what they do isn't wrong, doesn't mean it isn't - or is.

    1. Re:9 percent by Flamerule · · Score: 2, Insightful
      So what are we supposed to take from this ?
      The article mentions the "education" efforts the RIAA, MPAA, etc., have been putting out, trying to convince people that filesharing is immoral, unethical, whatever. If large segments of the population don't think this is the case, the *AAs are going to have a devil of a time convincing them.
      What percentage of heroin users think there's anything wrong with their actions ?
      There's nothing morally wrong with heroin use -- if someone wants to fuck themself up, that's his right.
      What percentage of the 9/11 terrorists thought there's anything wrong with their actions ?
      Uh oh, filesharing == terrorism? Where to begin...
      What percentage of Timothy McVeigh's philosophical brethren think anything's wrong with his actions ?
      More terrorism comparison...
      What percentage of NAMBLA members think they're doing anything wrong.
      Oooooh, child molestation! You're really going at it.
      Hey, this isn't a flame.
      I'm afraid a /. poll would return overwhelming results against you on that one, buddy.
      It's just that when someone trots out an obviously meaningless statement, they need to be called out.
      It's not meaningless, it's the opinion of a segment of the population. They asked other questions too, so it doesn't all boil down to a "criminals don't think what they're doing is wrong" statement.
    2. Re:9 percent by Anonymous Coward · · Score: 0

      There's nothing morally wrong with heroin use -- if someone wants to fuck themself up, that's his right

      Actually, threatening yourself is illegal.

    3. Re:9 percent by afs · · Score: 1
      Hey, this isn't a flame. It's just that when someone trots out an obviously meaningless statement, they need to be called out.

      Well, I'm calling you out. Having surveyed a representative sample of US residents 12 and older with an estimated error of ~3%, they make an obviously meaningful statement about the state of American morals regarding fair use.

      Perhaps you could investigate a little next time. (What? It's the same link in the main story? Yegods!)

    4. Re:9 percent by epsalon · · Score: 1

      You didn't understand the post. The parent poster was refering to the fact that the 9% figure is out of those who have been actively downloading music. The parent poster wanted to point out that almost nobody participating in something will thing it is wrong.

    5. Re:9 percent by Anonymous Coward · · Score: 0

      This is where sample size comes into play. You're comparing a huge number of people (the mp3 pirates) to a smaller number of people (the 9/11 terrorists, etc). Yes, majority rule isn't always right, but they must be onto something (moreso than NAMBLA members) if so many of them believe it.

    6. Re:9 percent by slux · · Score: 1

      There's nothing morally wrong with heroin use -- if someone wants to fuck themself up, that's his right.

      There isn't? Harming yourself may be considered unethical. Maybe you'll cause grief to someone that cares for you. What about Immanuel Kant's categorical imperative: "act only on that maxim by which you can at the same time will that it should become a universal law.". This has nothing to do with file-sharing, though.

      You can easily find ethical arguments against all the actions the flame tried to compare it to, but as the central free software argument goes, sharing is a good thing. Copyright law is just that. A law which was designed to help printing houses (*not* authors) as duplication was expensive. There never was a moral principle that supported it.

      But, as you point out, the comparisons crumble even before this. Asking what the general public thinks about an issue is not the same as asking an extremist group about their cause.

  51. They shouldn't be bothered by Anonymous Coward · · Score: 0

    Really, when you think about it, people should have the right to share published media with each other. The problem is that everyone in the US has been brainwashed by corporations into thinking that it's stealing (though the copying has no direct effect on anyone) They use smear words like "piracy" and "theft" to describe the simple act of sharing information with your neighbor. I don't know about you, but if I had a song or program I liked and my friend asked for a copy, I wouldn't hesitate on giving him one. Cooperation is more important than copyright. It's a shame the music "industry" doesn't see it that way; instead they'd like to jail anyone who shares music. The same goes for the software industry. They are all just greedy bastards who use the law to threaten good people who share with their neighbors. Don't be bullied by these assholes!

  52. Freedom and Liberty .... by bizitch · · Score: 2, Insightful

    Thats the problem - when you give people Freedom and Liberty - you just don't know what they're going to do with it.

    Like - invent p2p networks and then trade files with it.

    --
    ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
    1. Re:Freedom and Liberty .... by skyknytnowhere · · Score: 1

      OH NO! Won't someone think of the children? ...of record company execs? Private school is so expensive!

      skye

  53. "normal" citizens by LinuxXPHybrid · · Score: 1

    > I beg to differ. Its pretty apparent to anyone you talk to that they know they are breaking the law, they just don't care.

    "I" beg to differ. I was working on networking stuff at my uncle's house last weekend. They share Win98 CDs in his household and probably other software as well. They don't think that they are doing anything wrong legally. I have a client who asked me if I have a copy of certain software. I said "No" for various reasons, but I really don't think that she knew anything about copy right laws. If you are working for Fortune 500 companies and what not, yes, they know what implications of violating copy right laws are and what they can and cannot do (should and should not). But once you go out there and meet "normal" citizens, you'll marvel.

    1. Re:"normal" citizens by Twirlip+of+the+Mists · · Score: 1

      "I" beg to differ.

      Quotation marks are not used to show emphasis. You're right up there with that sign at the bodega that reads "No" Parking.

      --

      I write in my journal
    2. Re:"normal" citizens by Anonymous Coward · · Score: 0

      Maybe that sign is really part of a sentance. "No" parking said, "I did not shoot the deputy". Maybe not then.

  54. Re:Not suprised.... by Anonymous Coward · · Score: 0
    Why pick on the French? Most people in most countries are opposed to the Bush's war stance.

    So much for freedom of speech - Dixie Chicks got censored for being anti-war. I don't like their music, but there is surely something wrong here.

  55. I dunno. by melted · · Score: 1

    I delete the MP3s that failed to inspire me to support the author by buying a CD. If I find something great, I'll buy a CD even if there's just one good song on it. MP3s just aren't good enough for my headphones. If there was a standard that's "good enough" (WMA comes close) I think 50-70 cents would be a fair price for an electronic copy of one song with no copying restrictions (after all I'll need this track at work and in my car, too).

  56. I'm only breaking the law a little bit! by tony1c · · Score: 1

    I feel like I'm breaking the law in a trivial sense, as if I were going 5 mph over the speed limit. What concerns me more is whether I'm doing something wrong. I'm on the fence about this and do have pangs of guilt at times, but I have a nice rationalization on call for those occasions: I still contribute to the artists by buying CDs; On the other hand, if I were to completely swear off file-sharing services I might be doing more harm by impeding new and vastly more efficient technology so an industry that has benefited greatly from society (and can easily afford to give something back) does not have to go through the inconvenience of replacing its outdated distribution system (or otherwise exercising its collective gray matter). Fundamentally I realize this may just be an attempt to justify stealing, but consider that the music industry may now be trying to sell something that should no longer be salable: the unnecessary material distribution of non-material (digital) goods. If you take away the physical component (which is now easily done), is an album still worth $18? Or is it now worth $1, which is something that is unacceptable to the recording industry? Kinda makes you wonder who's doing the stealing.

    1. Re:I'm only breaking the law a little bit! by Anonymous Coward · · Score: 0

      Relax, you're not stealing anything, and it's perfectly natural--and the sign that you're a good citizen, in my opinion--to want to share music with other people. I really find it annoying when people in the record/software/music industry take our intuitions on whether it is right to take an object away from someone else and try to apply it to simply making a copy of something.

      Of course, as a user of software, or listener of music, you may feel an obligation to support the makers of music and writers of software -- and you'd be right. It's both fair and in your long term interest to do so. However, people who go out of their way to mistreat the public in order to make a profit deserve a punishment rather than a reward. The music industry deserves none of your money. When you buy a CD, only around four percent goes to the artist. FOUR PERCENT! Wouldn't you rather be able to directly donate a dollar, or maybe even two dollars, to the artist instead of 20 dollars for a lousy cd, where most of the money goes to the record company? People might say "oh, but if we get rid of record companies, how will musicians get any publicity?" The answer is file sharing! Word of mouth is the very best way to spread popularity, and will open up doors for much more creative works than the dismal crap the music industry seems to push these days.

  57. Re:Newsflash: More research by Anonymous Coward · · Score: 0

    Someone please tell me why identical twin brothers are kissing each other on Christine Aguileras latest video? Gay is one thing but incest/gay is going too far.

  58. Christian moral law caused it? *BZZTT*, Try again! by fireboy1919 · · Score: 3, Insightful

    The "minority" you speak of that caused prohibition was primarily women stretching their political muscles.

    As near as I can figure, the argument is something like this:
    Women's Sufferage movement: WE NEED TO VOTE!
    Everyone else: Why? Aren't things going okay for you?
    Women's Sufferage movement: WE ARE MORALLY OPPOSED TO ALCOHOL!
    Everyone else: I guess you've got your convictions (and a few mumbles of approval that win support to the sufferage movement)

    When it came down to it, the reason was mostly just an excuse to allow women to take the power they should have already had.

    The prohibition movement was a small push that turned the tide.

    I'd like to think that all of the women in America hold a lot more political power than media conglomerates, and unlike perhaps Christian moral law, women have *not* been completely replaced by money and corporate interests. But enough about that...

    The primary goal of politicians is to stay in office - which means convincing the majority of the public that they are helped, or at least not hindered by this politician, since politicians are elected. If they don't, they won't get reelected.

    The secondary goal of a politician is to make lots and lots of money - which is often in opposition to the first goal, since doing that may require that a politician attempt to legalize corporate crimes against his constituents.

    As I see it the fine line they walk is to pass all the laws they can which legalize crimes against the constituents, while enforcing as few of these laws as possible, so that said constituents will not find out, get mad, and boot them from office. Then the new guy will have to repeal the "crime is legal" law before he starts writing his own.

    Seems to me Congress is doing exactly that and will continue to do so as long as possible until they really anger the voters. Then they'll change whatever law made us the angriest, wait a few years, and write it again.

    I have a theory that this perturbation process actually results in corrections becoming more major as time goes by (because the problem gets worse at a more fundamental level). If I'm right, one day income tax will be repealed. :)

    Note to anyone arguing against this theory (a little note to help the argument-impaired here on /.): I did not substantiate it in any way, so you can't argue it's truth by presenting any flaw in its conception. The only thing that you might argue is that income tax is not a bad thing than angers voters.

    --
    Mod me down and I will become more powerful than you can possibly imagine!
  59. Double edged sword by whereiswaldo · · Score: 0


    Aha! I see having a society of mindless sheep is a double-edged sword! *manical laughter*

  60. They don't want the content to be purchased by Anonymous Coward · · Score: 4, Insightful

    Otherwise, every a new format comes out, people would demand to buy a new copy on that new format at cost. Instead, they can sell you the record album, tape and CD (and if the future DVD) all with basically the same content, but at full price.

    If you walk in to a store and take a CD or a shirt or whatever, that means someone else can't buy it. If you download a song, other people can still download it too. If you could clone physical objects (something like the replicators on Star Trek), then would it be a crime to clone yourself a copy of that t-shirt?

    1. Re:They don't want the content to be purchased by gitreel · · Score: 1

      I agree. Why would we need five or six copies of something we already own, just because it is in another format? I have never understood this.

      --
      Never have so few words meant so little to so many people.
    2. Re:They don't want the content to be purchased by blincoln · · Score: 1

      If you could clone physical objects (something like the replicators on Star Trek), then would it be a crime to clone yourself a copy of that t-shirt?

      Obviously. Why do you think it's illegal to sell unlicensed merchandise?

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    3. Re:They don't want the content to be purchased by Anonymous Coward · · Score: 0

      Bingo! There's also the "not really subtle" expectation that it should be at a lower cost than the first time. What's the justification behind that?

    4. Re:They don't want the content to be purchased by Anonymous Coward · · Score: 0

      Obviously. Why do you think it's illegal to sell unlicensed merchandise?

      But if the logo or whatever were blurry, and you didn't have to pay the material costs, why should it cost the same?

  61. What does the law say? by Vaughn+Anderson · · Score: 1

    I would really like to know, as IANAL, where the Law really prohibits sharing of files like this? Forgive my ignorance here, but my understanding of copyright law (as minimal as it is) is that the act of copying and sharing is not illegal, but the act of copying and selling is, mainly for the reason of damages... Where as copying and sharing as to my knowledge never been shown in court to cause damages...

    I am currently in a copyright infringement lawsuit, and the maximum statutory damages is $500 - $10,000. In my case, a few images were printed in a book, and the plaintiff has been unable to prove any damages (not unlike the RIAA) has claimed multi $100k's worth of damage... So if individuals only copy a few files in their life, there's no way true damages could ever be proved against an individual in P2P...

    So from that viewpoint, P2P is legal, but piracy (selling copied copyright'd works) is illegal. Again, IANAL, so if anyone has some straight solid case law or something to prove me wrong here, or simple knowledge of Law, I'd like to know...

    -v

    1. Re:What does the law say? by cpt+kangarooski · · Score: 2, Informative

      17 USC 106 prohibits the copying and distribution of copyrighted materials. There are various exceptions to this, but none of them are prone to work for something like P2P sharing.

      And while you're right in that actual damages are difficult to show, statutory damages are a substitute for that; if the plaintiff thinks it'll be hard for them to prove damages, they'll take the statutory. If they think that the damages are sufficiently high however, and are likely enough to be proven, they'll go for the actual damages.

      As an aside, consider the Napster case. You cannot have contributory or vicarious infringement without someone being a direct infringer. Napster tried to defend their users and failed; the courts felt that infringement on a P2P network had occurred.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:What does the law say? by Anonymous Coward · · Score: 1, Informative

      Actually section 106, assigns legal rights to the copyright owner, which then allows them to determine what constitues legal use, though not to exclude fair use, which is then handled by section 107.

    3. Re:What does the law say? by cpt+kangarooski · · Score: 1

      Yeah, I know, but I didn't want to get into too technical of a discussion.

      Section 106 restricts everyone but the author from making full use without the author's consent (since use is an inherent right but can be abridged), and then sections 107 through 119, plus some others scattered around, are exceptions to the general rules of section 106.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  62. In a more advanced civilization... by slowtonejoe75 · · Score: 1

    If all resources are easily produced and distributed, I suspect capitalism and supply vs. demand goes out the window. Maybe we're getting a slight taste of an advanced civilization with this internet thing. i.e. Information (read: music filez) is so easily produced and distributed that there is a movement away from a capitalistic system/model within the given context. Whatever happens the gov., by definition, will be in the way. I believe its time to make a choice... Free information or no free information. And NO I'm not interested in reading your diary.

    slowjoe
    sigs suc

    1. Re:In a more advanced civilization... by Anonymous Coward · · Score: 0

      music, videos and programs aren't easiliy produced, moron!

    2. Re:In a more advanced civilization... by slowtonejoe75 · · Score: 1

      Who's the moron here... I have in my house a DV camera, MOTU audio recording gear, and about 3 or 4 IDEs for programming. I produce all these things (music, video, software) myself with very little effort when compaired with someone living in a less advanced civilization. Only a fifty years ago the equipment required to do these things cost milliions of dollars, took up entire (large) rooms and required highly trained specialists to operate the equipment.

      Next time don't post anonymously you coward.

    3. Re:In a more advanced civilization... by stanmann · · Score: 1

      And of course, the production looks just as good as Matrix, SW1/2, or LotR. Right?

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    4. Re:In a more advanced civilization... by slowtonejoe75 · · Score: 1

      Yeah... my stuff isn't that good compared to Blade Runner, The Jimi Hendrix Experience, and Maya 4.0 (Video, Audio, Programming productions) but I don't see how that hurts my argument.

  63. Download with intent to buy? by sandbagger · · Score: 2, Funny

    Wow.

    People were downloading with a promise to buy?

    I'd better get some kind of big, honking raise 'cause it looks like I am going to be spending a fortune on porn in the future.

    --
    ---- The above post was generated by the Turing Institute. Maybe.
    1. Re:Download with intent to buy? by Dave2+Wickham · · Score: 1

      "Raise", you say?

  64. no problems here by ltwally · · Score: 2, Interesting

    Personally speaking, I don't have much of a problem with MP3 & movie trading. Though the RIAA would like us to believe that their sales drops are caused by all these dangerous mp3's, they also fail to mention that their declining profits precisely match the declining number of albums that they've been putting out in the last couple years.

    As far as movies go.... How many movies out there are really up to DVD quality? Or even Broadcast TV quality? Not many! And certainly not before the movie has been put out on DVD do you find DVD quality rips... so does the MPAA really loose money, either? I seriously doubt it.

    I can't speak for the rest of the free world.. or even the rest of Americans. But personally, if I download something and actually like it, I go out and buy the CD or DVD. Not because I feel that I have to, but because there are good reasons to. DivX & mp3's don't come with spiffy inserts and the extra's that make a store product worthwhile.

    --



    /dev/random
  65. Why? by hackwrench · · Score: 1

    Why is it immoral to steal. You present this assumption as if it is fact, but is it?

    1. Re:Why? by Erwos · · Score: 1

      It's immoral to steal because without property rights, society will break down. Taking whatever the hell you want sounds great, until you realize that people will start defending it with deadly force and stop making things that can be taken. This will be bad for everyone - hence, stealing is immoral.

      And if you're into that sort of thing, I can't think of a single religion that says stealing's OK except under dire circumstances.

      Two good reasons. And, honestly, if you can't think of any more on your own, you're an idiot.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    2. Re:Why? by gitreel · · Score: 1

      The defenition of stealing is to take something away from you. If you still have the product, then how is that stealing? It is no different than making a tape of a cd and giving it to your friend, and last time I checked that was legal.

      --
      Never have so few words meant so little to so many people.
    3. Re:Why? by kien · · Score: 1
      Why is it immoral to steal. You present this assumption as if it is fact, but is it?

      No, it is not a fact. Rather it is what is known as a "more" (con accento) in sociological terms. Murder is also considered to be a more in most societies. Contrast this to what is known as a folkway in sociological terms. A folkway is something like: "You should be married before having children."

      The difference between a more and a folkway is the scope of the impact to society. Mores have a greater impact to a given society than folkways.

      IMO, stealing a car is violation of the more that society has agreed upon while copying a song is a violation of an artifical folkway that music publishers have pushed upon the public with no regard for the interests of society.

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
    4. Re:Why? by Erwos · · Score: 1

      So if I make a photocopy of some art you were planning on selling and distribute it throughout the net, I haven't stolen from you?

      I daresay, you would be justifiably less than thrilled no matter how you define stealing. Inane semantics are not what this is about - it's about protection of intellectual property. Intellectual property has worth - by reducing that worth by taking it without permission is something our society has deemed illegal and wrong. It hinders innovation, and innovation is something society thrives on.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    5. Re:Why? by Anonymous Coward · · Score: 0

      Actually, making a tapce of a CD and giving it to your friend is illegal. At least in the United States. I don't actually know where you live.

    6. Re:Why? by gitreel · · Score: 1

      It is not. It is permitted under the home audio recording act. I you did a little research, you would realize that. I live in the united states. As long as I do not resell it, it is legal. That is what fair use is.

      --
      Never have so few words meant so little to so many people.
    7. Re:Why? by kien · · Score: 1
      Inane semantics are not what this is about - it's about protection of intellectual property.

      Please define "intellectual property" and support your claim that it should be defended.

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
    8. Re:Why? by gitreel · · Score: 1

      If it does not have a physical shape, then it has no value. You are just distributing binary numbers which make up the code that run computers. There is a huge difference between photocopying something and downloading. As long as I paid for the product in the first place, then I am free to use it in any matter I see fit.

      --
      Never have so few words meant so little to so many people.
    9. Re:Why? by gitreel · · Score: 1

      I believe the home audio recording act came out in 1992 which states you can make a copy of something you bought and give it to your friend. The only difference is that p2p in on a bigger scale, with more people but it is the same concept.

      --
      Never have so few words meant so little to so many people.
    10. Re:Why? by Eenlezer · · Score: 1

      Where is the proof that it hinders innovation. The effect on innovationhas never been properly investigated. Until there is a thorough study on the effect of IP on innovation I am just as justified to say that copyright has a negative effect on innovation.

  66. 40 million Americans break the speed limit too.. by HotNeedleOfInquiry · · Score: 1
    I'll bet. So what's the big deal?

    As long as the record companies are perceived as the thieving bastards that they are, people will feel no guilt about sharing a few tunes.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
  67. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  68. What the hell is the RIAA worried about? by Ayanami+Rei · · Score: 2, Interesting

    1) Anything that to shareholders of the constituent record companies looks like lost sales

    2) You having more informed choices (hence bringing the commodotized music market closer to a free market)

    3) Losing ground to new distribution technology. Or realizing that record companies and "labels" are becoming less important for the purpose of getting music to an audience (being replaced by the internet, and direct marketing)

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  69. It's an education problem? by Melibeus · · Score: 1

    "... additional education and awareness on the importance of intellectual property rights in this new era of content distribution may be necessary."

    Perhaps it's the record companies that need re-education about the uselessness of intellectual propery rights in this new era of content distribution.

    Internet killed the video star.

  70. Look at the poll question! by epsalon · · Score: 2, Interesting

    Have you downloaded Music or MP3 files from the Internet in the past month?

    I did not download any illegal material in the last, month but my reply to this question is "Yes!". I did download music which was played at the background of movie trailers or flash sites. Yes, I did download MP3 files when I downloaded the ISOs of RH8.0, which include some sample MP3 files.

    Not all music or MP3 downloading is illegal! Not all music is even copyrighted.

    1. Re:Look at the poll question! by Dave2+Wickham · · Score: 1

      RH8 includes MP3s? How would you play them? :)

  71. Upload! by Anonymous Coward · · Score: 0

    Doesn't anyone upload MP3s anymore? You insensitive clods.

  72. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  73. MP3s: the corporate punisher by Captain+Beefheart · · Score: 2, Interesting

    I think much of this piracy stems from bitterness over lost jobs, high gasoline prices, gov't budget cuts, overpriced music and DVDs etc. Those who have managed to keep their jobs find themselves being given twice as much work, which they must accept or be put on the sidewalk.

    I'm not saying it's right, I'm just saying a lot of individually petty reasons can add up to a very big grudge. And we have lots of little reasons. Plus the shadow of a controversial war and vague threats of terrorism. So most people like getting their entertainment without leaving the shelter of their home.

    So in total, people feel exposed and abused, and may feel the need to "strike back." How easy it becomes, then, to download some silly little file with music in it. Bunch of greedy suits, and the artists hardly see a dime of it anyway, so what's a dozen little music files?

    Then there's the opposite end of the spectrum, The Collector. He (or she) downloads for the sake of downloading. "Hey, the entire Jimi Hendrix back catalog. That might come in handy one rainy evening when I have nothing to do." These people get it because they can, don't really listen to the music, and use what they listen to as nothing more than a digital radio--just listening to the latest pop hits, doing so on their terms and deleting the file when they get bored of it.

    So it looks like I'm painting a picture that doesn't leave much room for the ordinary, shameful theif. Truth is, there's enough gray area to fill an ocean. Gray area with regards to the theif's ethics, and with regards to the concrete results of their actions.

    The bottom line, for me: Is someone reducing your profit when they weren't going to buy it anyway? Yes, when profit is reduced exactly because the item is so easy to steal.

  74. Does this mean? by Anonymous Coward · · Score: 0

    Next SuperBowl is going to have a huge crop of "Piracy supports terrorism" ads?

  75. Breaking the law != doing something wrong by Dr.+Spork · · Score: 4, Interesting

    The story writeup has a howler of a conceptual mistake: It conflates the idea of breaking the law and doing something wrong. If you had asked American downloaders whether they're breaking the law, I'm sure the great majority would say they are. But get with it. Sometimes breaking the law is the right thing to do. Now I'm not saying that filetrading is a sort of civil disobedience, but I think, understandably, many Americans think that filetrading is as immoral as jaywalking--so, not very.

    1. Re:Breaking the law != doing something wrong by sixdotoh · · Score: 1

      i agree with your main argument, but how does filetrading equat to civil disobedience (whether you think it is or not)? isn't civil disobedience about protesting some law/whatever that you think is immoral? while many fileswappers might *say* yes i think laws against file trading are wrong, don't you think most are just downloading because they want the files and don't think about moral issues?

      --

      This post was brought to you by the number 584811 and the characters / and .

    2. Re:Breaking the law != doing something wrong by The+Ape+With+No+Name · · Score: 1

      Po-Mo Buzzword detected: conflate. Be sure you are not telescoping history or effing the ineffable.

      --
      Comparing it to Windows will be a moot point, since El Dorado is going to have a 40% larger code base than XP.
    3. Re:Breaking the law != doing something wrong by Dr.+Spork · · Score: 1

      If you need a dictionary to read Slashdot, you'd better go back to school!

    4. Re:Breaking the law != doing something wrong by Dr.+Spork · · Score: 1

      If you read my comment, I said is was not like civil disobedience, at least not for most people. I think the illegality of filetrading is perceived my many (including me, I suppose) to be as morally bad as crossing a quitet road where there is no marked sidewalk. I mean, you're braking the law, but you'd be stupid to worry about it.

  76. 9% of people who are DOWNLOADING by joeflies · · Score: 2, Insightful

    If the statement is "9% of people feel their ACTIONS are wrong" then it implies that they only asked people who are doing the downloading. So how does that compare to the general population (taking into the people who aren't doing any downloading of mp3s). I would guess that the people who feel their actions are wrong aren't doing any downloading at all

  77. Misinterpretted Data by silent_poop · · Score: 4, Informative

    Slashdot's article misinterprets the data in the report. 73% of the people didn't say their motivation for downloading was for a later purchase. The survey asked if they enjoyed the ability to listen before they buy. Enjoying the ability to listen before you buy doesn't imply that that was their reason for downloading.

    --

    --
    silence is poetry.
  78. The finite amount of cash problem. by Anonymous Coward · · Score: 0

    I think most companies are missing the point here.
    The airline industry in the USA is down 51%.
    Nobody is downloading airplanes.

    Big deal the music industry is down. So what else is new. Everyone is not doing that great right now.

    They pay nothing and expect we'll buy all there stuff. With what?

    The computer comes along and everyone spents there cash on computers and other things like movies and music suffered. What's the mistery?

    You could always record right of a radio and MP3 are not any better sound.

    The people that are saying hey your ripping off the artists ! Oh really? You guys been ripping them off for over 50 years big time. Every dollar they make just remember probably less than 5 cents goes to the artist. Who is ripping of who?

    Like I want to know where do they think up these prices. Xp costs like what? I don't even want to know and cost probibly about 1 cent to produce.

    Same with cd's they cost probibly around about a cent each and there selling them for what? Who is ripping of who? All I got to say is how it feel?

    The shoe lands on the other foot now. Times have changed man and no amount of anything is ever going to keep it from changing back.

    Really nothing is even new people have been recording music and sharing it with there friends for 50 years. Saying I got 3- gigs of mp3 is like saying 20 years ago I got 10,000 8 track tapes. Who cares there still crap sound. They're worthless...

  79. As Steve Jobs would say... by DarwinDan · · Score: 1
    --
    $DEITY bless $NATION
  80. and where did the laws come from? by Anonymous Coward · · Score: 0

    In a bourgeois democracy the interests of big capital always triumph. Big oil is about to get its war in days and yet most of America thinks it is "liberating" Iraqis by slaughtering and conquering them much the same way the british thought they where "civilizing" india and africa by enslaving and conquering them.

    If American's can't even stop imperialist war do you think they will be able to stop copyright cartels?

    Most of the peope have been neutralized because the screen in their house has told them many many lies. Now they are incapable of stopping anything. The copyright cartels control the lie screen. How can you stop them?

  81. Morality by hackwrench · · Score: 1

    If you can truly benefit from it, then it IS moral.

  82. Re:Not suprised.... by Anonymous Coward · · Score: 0
    95% of Iraqi citizens support a US invasion. Maybe they know something you don't?

  83. Most of the things I pirate . . . by bedouin · · Score: 0, Troll

    I would have never paid for anyway -- it's not like making stricter laws is going to make me purchase things I couldn't have afforded in the first place.

    I see the warez scene, and more recently the mp3 trading scene to be a lot like mixtapes in the DJ scene: it's a form of street promotion.

    Compare the warez kids to DJs. The warez kids are the ones who collect all kinds of programs, and check them out to see if they're worth anything. DJs collect records, usually that they get as promos or through record pools, and distribute cut up versions of them to the public on tape -- usually to get the word out about the latest 'jam.' People buy the mixtapes, hear it mixed in with some other songs, then go buy a copy of their own . . at least that's what i always did. From every tape of course, there'd be maybe only one or two songs out of 20 or 30 that stood out.

    There's countless games and programs that wouldn't have been nearly as popular if it weren't for the warez scene pumping it up, and then making the average individuals go out and buy legitimate copies, usually because they're not savvy enough to get it themselves. Whether they admit it or not, software companies need the warez kids to create street buzz.

    If you really appreciate a piece of software, or an artist, you'll ultimately go buy it. If for nothing else because that 96k version you got off Kazaa sucks. Same thing with software. Case in point, I'm waiting every day for UT2k3 to come out for Mac. I could warez it, but it's not even worth the trouble, and I'd prefer to have a boxed copy and original CD.

  84. SIR, YOU ARE A RETARD by Anonymous Coward · · Score: 0

    that is all.

  85. Viable solutions causing me guilt by Cracula · · Score: 3, Interesting
    Up until recently I have had no moral qualms downloading to my heart's content from Kazaa, but lately I've been having a few guilty tugs at my morality whenever I double click on a semi-popular song. You see, viable solutions to mp3 freeloading are actually starting to pop up. In fact, this weekend I signed up for free trials on PressPlay and Rhapsody (listen.com). These services are cheap ($9.95 a month) and have a surprising variety of music. I have been impressed with the speed of the services, and especially with the interface of Rhapsody. While downloadable content is still sparse on both services (both have a good amount of streaming music, Rhapsody especially), I have to say that it's almost worth the full $9.95 just to save time that would normally be spent sorting through half-length songs from Kazaa and all the other annoyances of 'free' music.

    I think that as these services become even better (and I'm sure they will) I personally will feel a moral obligation to sign up for them. The music industry needs to learn their lesson--they can't get away with price bloating in the 21st century. Once they learn that and come up with viable alternatives like PressPlay and Rhapsody, I will have no problem paying them $10 to listen to whatever the heck I want, whenever I want.

    I do want to make it clear, however, that I still have no problem downloading songs from Kazaa that I cannot find on the pay services. That right there should be enough for the record companies to see what they need to do to get our business back: High quality and variety, and a REASONABLE price.

    They're just a fraction away from getting my business.

    1. Re:Viable solutions causing me guilt by nickco3 · · Score: 1

      > Up until recently I have had no moral qualms downloading
      > to my heart's content from Kazaa, but lately I've been
      > having a few guilty tugs at my morality whenever I double
      > click on a semi-popular song.

      Just thinking out loud here: do you think the RIAA get little tugs at their morality everytime we shell out $18 for the latest semi-popular CD? I bet they do.

      --
      -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
    2. Re:Viable solutions causing me guilt by rwsorden · · Score: 2, Insightful

      Whenever I hear people moan about the price of CDs, I feel like laughing. Don't you understand that no one is forcing you to buy them nor do you need to purchase CDs to survive (i.e., they do not provide sustenance or shelter)? CDs are luxury items - plain and simple - and the potential consumer price associated with them, therefore, is uncapped. The bottom line: if you don't want to pay the price for a luxury item, then don't buy it. The only morality issue at hand here is whether or not you believe you are entitled to steal copies of the music through unauthorized copying.

    3. Re:Viable solutions causing me guilt by Anonymous Coward · · Score: 0

      Wow, that grass looks really green. Doesn't smell like grass, though. Hey, wait, it's plastic!

      This isn't grass, it's astroturf!!

    4. Re:Viable solutions causing me guilt by Anonymous Coward · · Score: 0

      Every now and then I ask myself, "AC, do you think the RIAA might have pay people to watch popular public forums and post _their_ side of the story?" I usually decide I'm just being overly paranoid, but then I see posts like this which are SO much like the RIAA's version of an Apple "Switch" ad.....

      Just my anonymous $0.02.

  86. Dire circumstances by hackwrench · · Score: 1

    It's that "dire circumstances" part that makes "stealing is wrong" as a blanket statement untenable. That and also the scope of property rights. Sure a little property rights is necessary to keep society from breaking down, but does anyone really know how much property rights are necessary? And what about when society is already breaking down (as it appears to me it is now) and property rights won't do a thing to stop it?

    1. Re:Dire circumstances by Erwos · · Score: 1

      There's nothing like a devil's advocate.

      How hard is this for you to understand? What's mine is mine, not what's mine is yours, both physically and intellectually. We tried the latter with communism - it fails miserably. Humans are in their essence self-interested beings - we don't like to share what we've earned, and we like to profit from hard work.

      No one knows "how much property rights" we really need, which is why we live in a democracy and vote on it. For all the BS about the RIAA/MPAA/MS controlling the government, they can't do jack without voters electing politicians to do it. You don't like what's going on, tell your Congress critter to change his stance or lose your vote. Maybe individually you don't matter, but you and a hundred thousand of your closest geek friends can cost someone an election. You do vote, right?

      Your allegation that "society is breaking down" is patently untrue. When the civilian government is disbanded and we're ruled by a military junta who enforces a 7:00PM curfew in the streets (get off or be shot!), that's when I'll say "society is breaking down (or rather, has broken down)". It's pretty obvious that it's not right now - our government is still elected by the people, and that is that. If we get more fools who do whatever the hell they want under the premise of "I think society is breaking down, loot, rape, and pillage!", then we'll start seeing it break down.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    2. Re:Dire circumstances by Fulcrum+of+Evil · · Score: 1

      How hard is this for you to understand? What's mine is mine, not what's mine is yours, both physically and intellectually.

      That works great with physical property, but starts to break down with so-called IP. If I copy your car, then no crime has been commited, so long as I don't call it whatever the original manufacturer calls it or claim warranty services.

      The point here is that IP is different. Specifically, copyright, which is intended to get people to release stuff that makes its way into the public domain. This hasn't happened for a while now, mostly due to people who forget the PD portion of the bargain, and believe erroneously that somebody should own an idea for all time.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Dire circumstances by hackwrench · · Score: 1

      "stealing" is merely a means of converting what is yours into what is mine, just like commerce. It is not "what is yours is mine". When people stop interacting with each other or repeatedly fail to communicate society is breaking down. The examples that you have pointed out is just a small subset of situations that can occur when this happens. Futhermore, from what I have seen of communist implementations, it would seem that they started with a society that was already pretty broken down, which makes them poor examples of the ability for communism to succeed.

    4. Re:Dire circumstances by Qwaniton · · Score: 1

      But we're talking about physical property here.

    5. Re:Dire circumstances by bluelan · · Score: 1
      If intellectual property is exactly like physical property then ownership should never expire - except perhaps by obsolescence. So, Tolkien's books should be considered part of Tolkien's estate and have been willed to an heir. That heir should be able to will the books to anyone they like, and so on into perpetuity.

      The same should hold for patents. The internal combustion engine should be the sole property a descendent of it's inventor, whoever he may be.

      It is obvious that any system like this would lead to complete stagnation in intellectual and cultural development.

      The fact is that ideas are different than physical objects in many ways. Arguing by direct analogy from physical property to the ownership of ideas is a very wrong thing to do, though many people do it.

      I agree that we need to work through our representatives to achieve change, but physical property is vastly different from the ownership of ideas, both in theory and in law.

      --

      I used to be a narrator for bad mimes. (wright)

    6. Re:Dire circumstances by Aapje · · Score: 1

      How hard is this for you to understand? What's mine is mine, not what's mine is yours, both physically and intellectually.

      This is perfectly clear for physical goods and ideas that you keep to yourself, but what about ideas and works you divulge to the world? I can not simply unforget the things you have shown me. IMO, you have given up property rights when you impurify my bodily fluids with a book, song or idea. We grant creators some rights for the good of society, but they are not inalienable rights.

      You can find a more extensive argument here

      Your allegation that "society is breaking down" is patently untrue.

      People can be locked up indefinately or assasinated without a trial. Politicians listen to those who fund them, not those who vote for them. Journalists don't tell you the truth, instead they rally behind the regime. Yes, everything is fine in the US of A.

      --

      The Drowned and the Saved - Primo Levi
    7. Re:Dire circumstances by kien · · Score: 1
      I agree that we need to work through our representatives to achieve change, but physical property is vastly different from the ownership of ideas, both in theory and in law.

      Bravo, bluelan. Very well said.

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
  87. Sounds Good by miketang16 · · Score: 2, Funny

    Just don't go over your RIAA-set limit of 600 songs a day... =) Especially you Verizon ISP customers.

    --
    -------
    "In times of universal deceit, telling the truth becomes a revolutionary act."
    -- George Orwell
  88. it's not just availability ... by timothy · · Score: 3, Interesting
    I realize that there's a lot of music out there online "for the taking" for which -- you're right -- most downloaders are never going to pay, whatever they say about it.

    However, I'm actually convinced that a lot of people who would like to pay the artists (out of enlightened self-interest if not deep morals) *don't* ever buy the album not because they like being evil and naughty, but because *the physical medium* is actually more annoying than valuable, and downloads-for-money are still a novelty on both sides of the Music Industry (ack, what a term! I imagine hard hats on the music assembly line, turning out each manufactured instant hit ... but that's another rant ;)).

    Illustration: I've been slowly burning my CDs to Ogg files for a while now -- I even have a pretty tall stack of CDs on my monitor right now just from the last 24 hours of ripping-with-grip -- because it's much more convenient to have the files on many fewer physical units, and because (for the tracks on my hard drive) then I can search by song title, etc. These are CDs that I've collected over the last 12-15 years, and as the collection gets heavier it gets less convenient.



    Also, I think there is a slightly larger grey area than you seem to allow ... downloading a warezed copy of The Complete Works of Roy Orbison (just to smugly know you hadn't paid for it) is one thing; slapping a few tracks together into a mix for a friend to let them sample your favorite artists seems something very different. Call me a moral relativist; I'd have to admit you were right. In a certain demographic (of which I am part), sending a mix tape of mushy and maudlin music is a standard part of wooing the opposite sex, at least between the ages of 12 and 18. If that's harmful to artists, I'm not sure what's good for them: I've certainly spent a lot of dollars on music that I wouldn't have cared about without tapes-in-the-mail from high-school friends.

    My point is that there *is* some actual "sharing" that goes on in the online world just as there was before the Internet was a major social force. Wide-open directories of arbitrarily gathered music just to fill as many GB as possible, yuck, a different beast.

    Aside, but related: Yes, it seems silly and transparent, just a built-in-excuse to say "well, if I own this album already (check), and could therefore potentially compress it for convenience play (check), then why not download from someone who has already done the compression work?" There's a very easy leap to say "Well, I obviously *could* buy the album at the record store down the street, and I intend to ... later. If I like the downloaded tracks. A lot." OTOH, a lot of people *really are* in that situation. If I could pay someone a nickel a track (the recording company? the artist? anyone, my interest is in my side of the transaction much more than theirs ;)) just to download albums I already own, rather than putting strain on my CD drive, I'd happily do that. I look forward to getting all my original CDs into cold storage, where they won't scratch, get left in the sun, or walk away never to be seen again.

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
    1. Re:it's not just availability ... by Lodragandraoidh · · Score: 1

      Back in the day...

      Remember the 'cassette tape'? Music recordings have been shared from the begining of the advent of recording medium.

      Now, my question is: why is the copying and sharing a a medium (CDs) that are cheaper to manufacture per unit than cassettes so much worse now than it was in the past?

      Given statistical averages, the amount of copied recordings is the same as it was in the past.

      I think the real issue here is that we are living in a time where technology allows the would-be 'information cops' to keep tabs on where those copies are going and to whom. Given DMCA and efforts for government to mandate the installation of copy control hardware on consumer electronics, we are fast approaching a digital dark age. If you 'opt out' and refuse to upgrade all new content will become inaccessible.

      A kneejerk reaction against piracy is going to effect all of us (who don't pirate) in ways we can not even imagine atm.

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    2. Re:it's not just availability ... by drinkypoo · · Score: 1
      My point is that there *is* some actual "sharing" that goes on in the online world just as there was before the Internet was a major social force. Wide-open directories of arbitrarily gathered music just to fill as many GB as possible, yuck, a different beast.

      I don't see how this is any different, really. If I download 100 CDs worth of MP3 from USENET, even stuff I don't particularly want, and then shelve it, no one is losing out on anything, but I have access to that music later, not just when someone finds it convenient to post it to USENET again. It in no way decreases the value of the music, and I may be in posession of the data, so I'm breaking the law, but I'm not actually benefiting from it. I most certainly think that selling someone else's work is wrong, but holding a copy of it (which is why the term 'piracy' is such nonsense, it's not the only instantiation of an object or data) isn't hurting anyone, and thus is moral if not legal, at least in my book.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  89. Censorship by Zelph · · Score: 1, Redundant

    Someone is censoring these postings. This is obvious to me bacause I posted a reply to something, and it is gone. In addition, someone else had something to say that is gone. Luckily, I copied the article (not mine) and now I will paste it back for you all to read. Enjoy! As they say, information has a way of getting free!

    ---- The Censored Article -----
    Look, I'll be honest. I, like most other people here, have downloaded pirated music from the internet. Its seductively easy, and if you have a nice broadband connection, really quick. The sound quality on the 128k MP3 format may not be "audiophile" quality but for those of us using regular computer speakers, and not $6000 Bose systems, its plenty good. Just like with gay sex and open-source software, its easy to think that because its fun and enjoyable, pirating music is okay, and should be permitted. But thats the wrong answer. Despite all the half-baked rationalizations cooked up by piracy advocates, no one can really refute the truth spoken by the recording industry: Sooner or later, the widespread distribution of near-perfect digital copies will destroy the market for commercial recordings, and make the production of the very product consumers seem so eager to pirate impossible. Just take a look at the music you download now. Sure, you may occasionally in a fit of self-righteous anti-commercialism download a legitimate "teaser" track released legally, or some free songs from no-talent "independent" artists who are giving away their wares because no one in their right mind would pay for them. But you know that almost all of what you download was recorded, produced, distributed, and marketed by the very recording companies you claim to despise, and would never have been committed to disc were there not the possibility of profiting from exclusive distribution rights to audio recordings. Every time you download a popular song illegally, you are decreasing the probability that commerical-quality music will be made in the future, for any price. Anybody who cares about the system of intellectual property which has made the American entertainment and information technology industries so dynamic, and enjoys their fine products, from Windows XP to the "Lord of the Rings" movies to your new cell phone with built-in games and internet access, should understand the necessity of crushing Kazaa once and for all. We know that what piracy companies are doing is reprehensible, and moreover, as the Napster case and every successive suit against online piracy services has shown, illegal. But Kazaa is worse than that. They have deliberately created an organizational structure, similar to the front organizations used by organized crime, to continue to operate and profit from their misdeeds in spite of legal sanction from every civilized country in which they have been sued. And like any crime ring, they have gone to great length to extract as much money from their "customers" as possible, using the enticing lure of pirated music to force paid advertising and virus-like spyware on the computers of their users. But in this modern era of international treaties and multi-national organizations such as the WTO, no one is beyond the reach of the law, and I believe that Kazaa can be crushed. They must be submerged beneath a tidal wave of litigation, until one day no internet provider will dare risk allowing them access. Any desperate tax-shelter island which offers them safe haven should be considered a rogue nation, isolated internationally, and added to the state department list of countries sponsoring terrorism. If the world can beat Kazaa, it will send a strong message that theft is wrong, and allow the content producers to lead the way into the beginning of the true information age.

    1. Re:Censorship by Bremen24601 · · Score: 1

      did you consider maybe they were moderated down -1 and its below your threshold? 8-)

      --
      Blessed are the young, for they shall inherit the national debt. --Herbert Hoover
    2. Re:Censorship by Kazoo+the+Clown · · Score: 1

      But you know that almost all of what you download was recorded, produced, distributed, and marketed by the very recording companies you claim to despise, and would never have been committed to disc were there not the possibility of profiting from exclusive distribution rights to audio recordings.


      This neatly ignores the fact that the distribution companies found that their profit margins increase when they narrow the pipeline. This is because they can make far more profit by overhyping a few "super" groups and serving them up in a limited market.



      Every time you download a popular song illegally, you are decreasing the probability that commerical-quality music will be made in the future, for any price.


      Since that's my goal, I guess I'd better get busy... :-).


      Actually, you are then INCREASING the possibility that music will survive on its merits alone, and not on the investments of the promoters trying to whip up a feeding frenzy. Just think-- payola might finally dry up and the real diversity of talent finally allowed access to the airwaves.




      Anybody who cares about the system of intellectual property which has made the American entertainment and information technology industries so dynamic, and enjoys their fine products, from Windows XP to the "Lord of the Rings" movies to your new cell phone with built-in games and internet access, should understand the necessity of crushing Kazaa once and for all.


      Now I know you're just a joker. Oh puh-leeze. Save me from these "dynamic" and "fine products" being constantly jammed down my throat to the exclusion of the really good quality products out there and potentially really good products out there, locked out of the market because the promoters and distributors prefer to narrowly concentrate their investments and only pretend that the market for music survives on the merits of the musicians rather than the merits of the controls on the market.


      Spare me the bleeding heart for the industry bloodsuckers. Download them out of existence, and soon, with good riddance.

    3. Re:Censorship by Zelph · · Score: 1

      You are a thief. Plain and simple. If you worked for me and I found that you were using your work internet connection to pirate, I would terminate you for your illegal activities without hesitation.

    4. Re:Censorship by Kazoo+the+Clown · · Score: 1

      You are a thief. Plain and simple. If you worked for me and I found that you were using your work internet connection to pirate, I would terminate you for your illegal activities without hesitation.

      Who's the bigger thief, the music distributors or the downloaders?

    5. Re:Censorship by Zelph · · Score: 1

      You know two wrongs don't make a right...

      On that note, why do you listen to the music out there that costs money anyhow?
      I go with DJ's that allow their music to be distr. on the internet for free.

    6. Re:Censorship by Kazoo+the+Clown · · Score: 1

      On that note, why do you listen to the music out there that costs money anyhow? I go with DJ's that allow their music to be distr. on the internet for free.

      Who says I do? I think most of the music out there that costs money is crap. The exceptions are usually produced by some obscure outfit that can't really afford to promote a release or get it on the radio, where I don't mind paying for a CD.

      But if you actually like the big promotion/distribution product, I see no reason for anyone to feel guilty for stealing back from those who have stolen from them, especially when they are otherwise powerless.

  90. I'm going to try something a little dangerous... by TheWhaleShark · · Score: 3, Insightful

    ...I'm going to play a little bit of devil's advocate on Slashdot.

    I hate the RIAA as much as any Slashdotter, but you have to look at where they're coming from. Sure, file sharing technology can be a wonderful tool for previously unheard-of artists to get attention, and it's an equally useful way to determine what new music DOESN'T suck. It's very useful in guiding your future music purchases...

    Which is where the problem comes in. For every legitimate use of file sharing, there are easily 10 people who abuse it. How many people do you know have simply stopped paying for music because they can get it for free? Be honest. The RIAA only sees the negative side of file sharing, and to be quite honest, it can be pretty damn negative.

    We need some sort of middle ground. File sharing can't go on unchecked, because that WILL hinder the RIAA's ability to profit. In the end, the RIAA is still a business and has a right to make money. However, if somehow they manage to crush major file sharing technologies, they'll alienate most of their cosumers. In addition, the artist who actually made the song should get at least some say in this matter; Metallica sued Napster over that very issue.

    That's the key: a middle ground. I don't know what that middle ground is, but we definitely need it.

    --
    "It never got weird enough for me." - HST (RIP)
  91. Re:Adaptation.... Evolution... by Anonymous Coward · · Score: 1, Interesting

    ya know the way people try and make this sound is so funny to me, 'sharing information' its not like people are downloading the human dna straind to evaluate, or maybe some home made nano plans, no no they are downloading the lastest pop singles. does that really advance our world or teach people that if you dont see your victim then its not stealing. if you go to a tower records and walk out with a cd, its stealing the same as going on your favorite p2p and downloading it. do i care if people steal? no, just have the balls to admit it and stop hiding behind sharing information like your pop music has a higher command over the human race.

  92. no blood, no foul by fermion · · Score: 4, Insightful
    U.S. Downloaders Do So To Sample Music, And Believe Their Activities Are Benign

    I think that is they key statement. In the U.S., most of the time the things we think are wrong are the things that harm the innocent. We have no problem breaking all sorts of laws when we drive, because we do not think it is likely we will do harm to innocent victims. Industry and government knows this which is why they try to show, for example, the damage that drunk driving causes, or link illegal drugs to terrorism. Of course, some of these links are more valid than others, and such ads do backfire when the assertions are bogus.

    Which is of course what is going on with the music industry. The industry wants us to believe we are stealing from artist, even though the artists I talk to say most of the money is made off t-shirts and sometimes concerts. They want us to believe we are harming the local retailer, even though the local retailer is harmed more by Wal-Mart and online sales than by copying. They have thus far resisted the urge to tell us that the high level executes are going to forced to sell their Escalades and give up their trophy spouses if we continue to trade music. They might have a better chance by citing the number of people the industry employs, but in a time when unemployment continues to rise with no end in sight, and no leadership to control it, I do not see that even that will get much sympathy.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  93. Oh really? by hackwrench · · Score: 1

    Easier said than done.

    Me? The government sends me a check to do nothing.

    1. Re:Oh really? by Anonymous Coward · · Score: 0

      There's a rather big difference between being a slave and just being a lazy asshole.

  94. congratulations by g4dget · · Score: 0, Troll
    You have successfully managed to reduce issues of free speech, fair use, artist's rights, information access, and scientific and technological progress to a stupid one sentence catch phrase intended to arouse emotions.

    You are on your way to becoming a talking head on television, or, if you are not photogenic enough, a speech writer for one of our representatives. Or, you can become a spokesperson for one of the big companies, proclaiming that toxic sludge is good for people. You are even more qualified if you (as seems likely) simply plagiarized your posting.

    1. Re:congratulations by smasherbob · · Score: 2, Insightful

      [insert random post about getting a sense of humor here]

    2. Re:congratulations by Anonymous Coward · · Score: 0

      YHBT

    3. Re:congratulations by ArmyOfFun · · Score: 2, Insightful

      Settle down man, the post was a joke, and was (probably) in reference to a Simpson's quote

      Nelson: "Shoplifting is a victimless crime, like punching someone in the dark."

  95. Information as a number. by WetCat · · Score: 1

    Ok.
    Any mp3 is just a number, albeit very large.
    Copyright on files means that you are posting restrictions on numbers in natural row...
    (licensed to use that? restricted to use).
    Ok. why not copyright 20? or 40?

  96. The problem is this... by Thaidog · · Score: 1

    It's way too easy to set this up... point, click, there's your file.. did you kill anybody? No. Did you steal anything tangable like a car? No. Yet the law can enoforce punishment like it is... It's a classic adam and eve don't eat the fruit test... way to much temptation... way to easy... just like from the beginning nobody can resist forever. It's a problem that will not go away until it's legalized. How can you possibly stop it? Way to easy to set up a file server that anybody can connect to... I don't see a solution.

    --

    ||| I still can't believe Parkay's not butter.

    1. Re:The problem is this... by eWarz · · Score: 1

      Sounds like sex ;) Ok, lame jokes aside, you are right to a point. The main reason people like mp3s are ACCESIBILITY. You can use programs like WinMX, etc. from ANY computer ANYWHERE in the world. You don't have to worry about paying for the music either. As long as you have internet access you are good to go.

  97. No. It is truth. by cappadocius · · Score: 1
    OK, most people don't REALLY plan on buying more than one album in 10, 20, 50, 100 that they sample

    True, I probably only buy one out ten of the songs that I download. But since the other nine usually don't last more than 20 seconds to 5 minutes on my system, I think to 'listen and buy' model is still an acurate description.

    Of course the fact that internet allows me to buy many more imports and/or indie artists is still bad for the major labels. But that's a different rant entirely.

    --

    omnia tua castra sunt nobis

  98. Re:Not suprised.... by FunkSoulBrother · · Score: 1, Offtopic

    100% of Iraqi Citizens voted for Saddam this year.

  99. Re:Adaptation.... Evolution... by unixbob · · Score: 5, Insightful

    I agree wholeheartedly with your comments. My understanding of the RIAA argument is "Record sales are down, therefore that must be caused by filesharing". Perhaps they miss the point that the general public is bored and disinterested with the bland repetitive "product" which these companies provide. Today, the music industry is not about music but about product. When was the last time you saw a fat ugly woman with a beautiful voice in the Billboard charts. Pop music isn't my taste, but I'm not being snobbish about it - it has it's place. But the fact that it is mainly marketted to 11 year olds surely tells a lot about how adult interests aren't being considered.

    The RIAA was borne out of the fact that these companies were able to utilise vinyl record technology to fulfill a service which the general public wanted, to provide popular music to the mass market. Today they've stepped away from that original premise. Mainstream music today is bland because it is easier to sell music that everyone finds inoffensive than sell music which some people think is great (and obviously others will hate).

    For the record, I download mp3s from filesharing networks. And what I have found is that it has instroduced me to music I wasn't aware of before and I have purchased CD's off the back of those downloads. Those people who decry filesharing have obviously never used it. mp3 quality is ok for basic PC speakers, but usually sounds poor on a decent stereo. Downloaded mp3s are freqeuently incomplete. So it doesn't replace any other medium, but is an addition. I can't use my local radio station as a sampler for the sort of music I like. filesharing lets me do that.

    --
    The Romans didn't find algebra very challenging, because X was always 10
  100. 73% previewing music for purchase... by rnturn · · Score: 2, Interesting

    The item about people downloading music to obtain previews/samples of music they might later purchase has got to have the RIAA companies thinking that maybe all that money they've been spending on payol^H^H^H^H^Hpromotion might be wasted. And it can't help the owners of the cookie-cutter style radios stations feel very good about the number of people who are finding an alternate means of discovering new music.

    --
    CUR ALLOC 20195.....5804M
  101. Troll Carefully by Tokerat · · Score: 1

    Owning people isn't that strange. I mean the majority of people in America have to rent themselves to a master for 8 hours a day to feed their family so it's not that strange
    (emphasis mine)

    We rent, that's correct. If we where owned, we'd be forced. Oops, look like you've own3d yourself.

    --
    CAn'T CompreHend SARcaSm?
    1. Re:Troll Carefully by Anonymous Coward · · Score: 0

      renting IS owning for the period of the contract. until either party breaks that contract (aka, "You're FIRED!") what is really the difference between your boss renting you and your boss owning you?

    2. Re:Troll Carefully by TuringTest · · Score: 1

      The difference is, of course, that you can break the contract. That simply can't be done by a slave (owned).

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
    3. Re:Troll Carefully by Monkey+Angst · · Score: 1
      renting IS owning for the period of the contract.
      Not in the case of people... My employer is renting my services, but he isn't renting me -- he has no rights over my person, for example. Can't whip me, starve me, forbid me from going home (above the explicit terms of my contract, naturally)... and yes, I can leave, although other posters are absolutely correct in their assertions that economic realities relegate the "freedom" of the labor market to mere theory...
      --
      stripShow - Where WordPress meets webcomics
  102. Services by hackwrench · · Score: 1

    Services have a value.

    1. Re:Services by gitreel · · Score: 1

      Yes, but there is a difference between a song and having my car fixed.

      --
      Never have so few words meant so little to so many people.
  103. Downloading the unknown by Phishpin · · Score: 1

    I will admit that I download music. The thing is, for most songs, I had never seen the cd that it is on, or heard of the band name. For a few, I can't even find that a cd (or band) exists. Others, like Kraftwerk, are just darn hard to find cds for. I grabbed a few KW tracks, and wouldn't you know, now I have ordered 3 of their albums to date. I especially like "Computer World". How geek is that? ;)

    --
    -phish
  104. a lil OT... by Anonymous Coward · · Score: 0

    ok i just had this idea, how bout we All start 'sharing' gasoline!??! buying gas supports terrorism anyways right. so who does it hurt to go out at night and rig a gas pump to spit out free gas? that stuff is expensive as hell anyways, in a few months theres no money going to terrorism they cant buy fancy weapons our army destroy them and we live safe, and the gov is forced to introduce a cheaper cleaner fuel on our demand. then then we um.. we.... download more pr0n!

    1. Re:a lil OT... by Anonymous Coward · · Score: 0

      There already is a cheaper cleaner fuel. It's called B20 diesel.

      #2 is also cheaper, but probably not any cleaner.

  105. Something Spontaneous about MP3s by panaceaa · · Score: 4, Interesting

    I find a big reason I listen to MP3s is because I hear new things all the time with them. On an average week I probably download 20 songs that I've never heard of, and put them into my random rotation. Often times when I'm listening to my collection I hear something I've never heard before... which is cool.

    I find myself doing a similar thing in my car. I always listen to radio in my car, not because I love the music the radio plays, but because it's random. I don't know what's going to happen next (even though it'll prolly suck).

    I dislike CDs cause they're a fixed format. Every time I listen to one, it's the same thing. I don't think I'm alone in liking the randomness of formats like radio and MP3s. It would be nice if record companies could offer me something legal to listen to my genres without having to worry about downloading stuff or hearing a song more than a few times. (Maybe I should try XM Radio.)

    1. Re:Something Spontaneous about MP3s by jred · · Score: 1

      Every CD I buy gets ripped immediately, then stored. I can't remember the last time I actually put a CD in a player & listened to it. I mostly listen on my pc, but I recently purchased an Archos Multimedia 20. 20gb will hold all my "CDs" (ripped to mp3), and have space left over for me to make fun videos of my daughter jumping on the bed while twirling a baton :D

      I occasionally listen to the radio in the car, but I'm more likely to hook up my Archos & put it on random play. With a few exceptions (unfortunately, my daughter like BSpears, etc.) there will be good variety, and all music I like.

      I thought that XM Radio was going out of business or something. Maybe I remember incorrectly, though.

      --

      jred
      I'm not a mechanic but I play one in my garage...
  106. Re:You don't understand capitalism do you. by FCAdcock · · Score: 1
    Imagine being able to freely download/trade any music produced before 1973.


    Can't we already do this already with the current system of audio theft? I'm pretty sure that I can download music that was made before 1973 if I looked hard enough.

    --
    --Forest C. Adcock--
  107. New Music, Bad CD's by sfm · · Score: 5, Insightful

    I could agree with the logic of song preview before purchase. In looking for download files, I have found MANY differenc music choices that I would not have seen otherwise. But with all the new CD's being "corrupted" and not playable on a PC, I have not purchassed anything in a long while.... Just a thought

  108. Peace by hackwrench · · Score: 1

    And yet I feel that the British and American actions bring us closer to world peace. For the purpose of war is that eventually one side will give up.

    1. Re:Peace by Anonymous Coward · · Score: 0

      So you think that "War is Peace"? Uh huh.

      Read much lately? Boy, do I have a great book recomendation for you!

  109. A prayer to God(TM) by Qwaniton · · Score: 1

    Dear God, I pray that this hackwrench is a troll...

  110. What of Live Concerts? by CaptCanuk · · Score: 2, Interesting

    IF downloading mp3's ripped from CD's is illegal, then why can't I make a recording at a live concert? Each concert is different; each seat and angle. I'm supporting the artist and i'm getting material not available on CD. Why is that illegal (for most concerts)? And after all, isn't that what the recording companies are doing - paying the artists (I with my ticket, they with hopefully substantially more cash) to perform live and recording it? So I don't get the fidelity and one-on-one nature that they get as well as retakes and digital remixing and tone balance and the lie. In reality, live recordings probably hurt the artist more - some bands are horrible live and the price of a ticket is often greater than a CD. Plus people tend to by shirts and stuff. I just want something I paid for... the ability to listen to what I did whenever I want. Otherwise, anyone caught on a video tape or audio tape who has exclusive deals with a corporation should be able to sue you because you taped them. Soon entertainers will sign with major labels for extended amounts of work (x amount of films) instead of pick and choose which parts they wish to audition for an turn down scripts they dislike. Soon the Media Conglomerates will own all. I just can't wait...

    --
    ---- The geek shall inherit the Earth.
  111. Re:"25-DAY TRIAL PERIOD GROWS!" by targo · · Score: 1

    Further more, i read a stat the other day on /. that the RIAA was complaining that sales are down 10% in the last five years. BooHoo. The economy as as a whole is down 37% +- in the last five years.

    wtf? I guess you may be talking about the stock market being down but this is quite irrelevant in the grand scheme of things. If the economy (measured by GDP) was down that much, we would see riots and general strikes.
    A company's revenue is comparable with the GDP, not stock market. And GDP is UP in last five years.
    Revenue being down is actually the worst sign in business, much worse than profits or stock price (which may fluctuate quite wildly) being down, it is much harder to recover from. So any businessman would have quite a lot of reason to worry if their sales have fallen that much.

  112. Re:40 million Americans break the speed limit too. by Anonymous Coward · · Score: 0

    Everyone seems to think the record companies are cheeting them out of money. They are simply offering a product at a price. If you don't want to pay that price, then don't!

    Or just steal the music via Kazaa, thats what I do.

  113. Can you brush your teeth during the fast? by Anonymous Coward · · Score: 0

    And what time zone are those times given in?

  114. Re:More proof that illegal file sharing must be st by Anonymous Coward · · Score: 0

    I would rather see the concept of intellectual "property" done away with entirely. And as a software developer, that would be a big hit for me.

  115. Sorry by hackwrench · · Score: 1

    No, I'm not. Mind explaining why you want me to be a troll so I can explain to you why it's good that I'm not?

  116. Legal issues don't bother American President by Anonymous Coward · · Score: 0

    'nuff said.

  117. Hey Peoples, Read this Guys Log Journal by Anonymous Coward · · Score: 0

    Plese excuse my poor writign. I am nto good at typsing and hate to yuse backspace when i am thinking fast and engliehs is my other langage. This guy make soem good points abotu the flwaed modretation system on the Slashdort. if we don't so somethign about this now, w'ell lose the site we all love and cherich. So go read this guys log journal and make discussing with yourself. I am positng this anonymousyl because I kow it will hurt my kamra to post with my regula accnotu/ Teh modretation sytem is definitley broken here. That's why this commnet will probalyl get moded down. If anyone her' has the balls like this guy do, then you wil l poste this stuff logged in. My kamra is to lo so afford that right now. If anyeon else with mod points is concerned about this problems please mod this up as well as teh other guys potsts. I putp one comment is his log hournal. Its the one wher e I say I am going to postt a linik to his thing. Rmember that this is the Slashdotg that we dont' want to see. Plese brign back the old Sladhost with no modretation so we can be more real. Or at leest fix teh moedretation sothat it works in more fair way6. Peoeple shoudl be abe l to be heared and noticed by everyone. There are too many unfiar thingks happeningn on the Slashdote. The wrong peoolp are geting allteh kamra and the peolep who say cool sutffs is gettnig moded down to fast so they are no never heard.d I am sick and tird of hearing some stupid peolpe talking aabotu thnigs tat dont matter at all. Thins like when peopel say that Ameirica ois a good country. and thar linux is not god for the peolep. Linux is th good opertating sytem that makes peopl work better than their micro$oft windoes pc. a lot of peopel talk bad botu the X windoe sytem. It suprerior to winshit becaus e ti can be newtworked withot no one knowing it. Users use programt htat is far a wawy but it s like on the same machine but its noet. Wincrap not haet his pheeature untli temrinal serve and X have it sinse begining in 1980s! Thta proves its suprerior. They aws thinkin abotu the future. Those peopel new then that the inertnet waws the awy to the future. Micor$oft just peepee inthe pants then. Now they are running scare becuase the penguin is the - epower from them for no moeny. If the Slashodt would realize this is why we come here then they would make the modretation fixed. But they don;t. It makes me sad. dont forget to linik tothis man and make yout voice count!!! POER TO THE PEOEPL!!!

  118. Statistics by Anonymous Coward · · Score: 0

    90 out of 100 people claimed they knew downloading music was illegal, but 90% of them didn't care. In addition, people on broadband count as 50 people because typical broadband connections are 50 times faster than dialup modem users. If a song is over 3.5 megs it counts as 2 megs because we say so.

  119. if this doesn't say by Hubert_Shrump · · Score: 1

    "cognitive dissodance", I don't know what does.

    --
    Keep your packets off my GNU/Girlfriend!
    1. Re:if this doesn't say by Hubert_Shrump · · Score: 1

      whoops... dissonance

      guess I spelled Freudian all by myself...

      --
      Keep your packets off my GNU/Girlfriend!
    2. Re:if this doesn't say by Anonymous Coward · · Score: 0

      "cognitive discodance"?

  120. Re:Not suprised.... by Phishpin · · Score: 1

    Should it be switched both ways now? Like "French of Speech"?

    --
    -phish
  121. Infomation by hackwrench · · Score: 1

    Information has value too. Or why do people pay money to take classes. Besides in admitting that services have value you are undermining your initial argument that if it does not have a physical shape, then it has no value. If you want to look at it from a services perspective the artist performs a service in rendering the work.

    1. Re:Infomation by gitreel · · Score: 1

      The musicians make music because they want to. The love music. It is not a service.

      --
      Never have so few words meant so little to so many people.
  122. artificial scarcity by moncyb · · Score: 1

    The AA's like to make things scarce. ... Buy Beauty and the Beast now for a limited time, and then it goes back in the vault for 50 years.

    The artificial scarcity problem they cause is much more insidious than this. They do everything they can to control the means of distribution and limit the ability of competitors. This is the whole reason behind their support for DRM and war on the internet. It has little to do with protecting their copyrights.

  123. Illegal? by tankdilla · · Score: 1
    Is filesharing illegal because it's so easy? You could always make xerox copies of pages from a book, but not that many people are going to xerox over 100 pages. Also recording music and movies on cassettes and VHS tapes has been around for awhile now, but before you might just trade tapes with a few friends. But I guess the difference between then and now is that it's all digital. Now we can copy a few hundred pages in a few seconds, and we have millions of "friends" (well-wishers, associates, co-conspirers) to trade with now.

    "C'mon girl it's not a french kiss, it's a freedom kiss."

    --

    -Look lively. LOOK LIVELY!!! --Mr. Shmallow

  124. Product by hackwrench · · Score: 1

    Sure there won't be any new songs, but then I haven't heard all the ones already out yet.

  125. Who's complaining? by verbatim · · Score: 4, Insightful

    I rarely hear of artists (except the big M) complaining about file-sharing. I haven't heard many artists come forward saying "hey, that's not fair" or "hey, you're hurting us."

    Instead, I hear the big music conglomerates shaking their heads saying "hey, you're cutting through our business model" and "hey, that's not fair." And, of course, when they first said "hey, you're hurting us" a few years back, their sales went up (for a time).

    The obvious change is happening: consumers don't want to buy albums anymore - we want to buy songs. Individually. And once we have the song, we want to be able to shift it between mediums as we see fit. For a long time, music companies have gotten away with albums because it was the most conveniant way of selling a bunch of songs from a band. But the technology exists now to purchase songs on an individual level - and this scares them.

    It scares the agencies because they can't try and re-sell the same songs on compilation CDs. It scares some artists because filler material won't cut it anymore. It scares anyone attached to the tired old business model of dictating to customers how music is to be enjoyed.

    It really scares producers because where once a flavour-of-the-month artist could sell an entire album or two, the new methods would only allow them to sell that individual song. Heaven forbid that consumers have a right to pay for only what they want.

    But what scares them most of all is that, in the "new economy", artists may no longer need big distribution companies to reach an audience. No, a band can strike up their own website and share their content globally without having to even pay for the servers - their listeners will do that for them. File sharing means that distribution companies no longer have a monopoly on distribution. And they are scared because their confortable monopoly is in danger. Real danger. And it's being decided, not in the court of litigation, but in the court of public opinion.

    And they're loosing. And they're scared. :P

    --
    Price, Quality, Time. Pick none. What, you thought you had a choice?
    1. Re:Who's complaining? by saifatlast · · Score: 1

      Artists make most of their money off of touring, most of the profits from album sales go to the record companies. That being said, I think you nailed it in your last paragraph, because without records, not only could record companies go the way of the dinosaur, but artists could get higher profits and wouldn't have big contractual obligations to fulfull. The problem that artists would have would be getting the neccesary site traffic and fan base to become largely successful. As large money-making corporations, record companies have a lot of weight to throw around for booking shows and getting airplay. This is probably where record companies really can keep their stranglehold on the industry, not just cd sales.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't regist
  126. Why you should STFU about fair use by Anonymous Coward · · Score: 1, Insightful

    The "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That's important so that copyright law doesn't block your freedom to express your own works -- only the ability to express other people's. Intent, and damage to the commercial value of the work are important considerations. Are you reproducing an article from the New York Times because you needed to in order to criticise the quality of the New York Times, or because you couldn't find time to write your own story, or didn't want your readers to have to register at the New York Times web site? The first is probably fair use, the others probably aren't.

    Fair use is usually a short excerpt and almost always attributed. (One should not use more of the work than is necessary to make the commentary.) It should not harm the commercial value of the work -- in the sense of people no longer needing to buy it (which is another reason why reproduction of the entire work is a problem.)

    Note that most inclusion of text in Usenet followups is for commentary and reply, and it doesn't damage the commercial value of the original posting (if it has any) and as such it is fair use. Fair use isn't an exact doctrine, either. The court decides if the right to comment overrides the copyright on an individual basis in each case. There have been cases that go beyond the bounds of what I say above, but in general they don't apply to the typical net misclaim of fair use.

    The "fair use" concept varies from country to country, and has different names (such as "fair dealing" in Canada) and other limitations outside the USA.

    Facts and ideas can't be copyrighted, but their expression and structure can. You can always write the facts in your own words.

    1. Re:Why you should STFU about fair use by Anonymous Coward · · Score: 1, Informative
      The phrase "fair use" actually refers to the fact that Title 17 grants the holder a monopoly only on certain kinds of re-distribution, not on any type of use. So a book company can't sell a book and claim that you are in violation if you read it twice, or backwards, or black out all the sex scenes with a magic marker for your own purity.

      Copyright refers to the right to make copies. Title 17 makes explicit that the holders don't even get monopoly over all copying -- some copying is fairly termed use of the work, not publishing it.

      Perhaps you may finding reading Title 17 to be informative.

      I and many others hold that copying of music in which no money changes hands (you can't even sell advertising on the web site, or use the music to entice people to come to a bar, or any business related activity) is legal. So had I been asked in that survey, I would not only have said it is not wrong, it is in fact legal for me to share mp3's via gnutella or a similar system. (Once a money-making enterprise like Napster is involved, I think you are on shaky ground though.)

    2. Re:Why you should STFU about fair use by Pofy · · Score: 1

      >The "fair use" concept varies from country to
      >country, and has different names (such as "fair
      >dealing" in Canada) and other limitations outside
      >the USA.

      Yes, in many countries (Sweden for example), you are allowed to make copies for yourself, family and close friends (there is an exception to this on computer software though). So it is perfectly legal to make a copy of a CD you have and give it to your friend or to have an exctra copy in the car.

  127. My parents were Pirates ! by bushboy · · Score: 1

    Yep - I have to own up to it - my parents were pirates !

    Way back in 1972, along with my first memories, I remember the little tape deck they had where they played - gasp - horror - taped versions of friends albums !

    Needless to say, I thought this was a totally normal thing to do. When I started buying my own records, I also had a large collection of "pirated" tapes of friends records and they had tapes of mine - we traded.

    CD's came along and records and taping died out, but what came along to replace them ?
    Digital copying of CD's with the distribution model now being the internet.

    The scale of trading has gotten considerably bigger, but the attitude remains the same.

    Most of us Grew Up with pirated music and never really gave it much consideration - after all, we also frequently purchased music.

    There is no way that this attitude will ever change - unless of course all hardware related to copying music is outlawed, which would include every single home computer.

    --
    A slashdotting - you get the stick first and then the carrot !
  128. Re:Newsflash: More research by Anonymous Coward · · Score: 0

    That didn't just make me laugh out loud, it kept me laughing out loud, and I still laugh when I think of it....

  129. Re:Prohibition ? by Wyatt+Earp · · Score: 2, Informative

    Actually, the majority did support it.

    The United States government implemented Prohibition only after the Temperance Movement had worked for nearly 150 years to push for it.

    By the 1830s the idea had spread, the movement had it's ups and downs, but large segments of the population were behind it, first the women's rights movements, then anti-immigrant and finally pro-business organizations.

    The 18th Amendment to the Constitution--passed by Congress in 1917, and ratified by 3/4 off states by 1919 was then suplemented by the Volstead Act which defined what an alcoholic beverage was.

    It's common to think that Prohibition was like a war on drugs, just shoved down the people's throats by the Feds, but it was voted on by Federal and State Senates twice to get to the Amendment point, then again at the Federal level with the House and Senate to enact the Volstead act.

  130. It's not illegal. by Anonymous+Daredevil · · Score: 0

    When I download an mp3 of a song that I already own on CD I do not believe that I have broken the law. Perhaps only 9% of p2p network users are downloading music they don't already own. :)

  131. Hoo boy by Twirlip+of+the+Mists · · Score: 1
    From the article:
    US downloaders feel that file trading activities are benign. Only 9% thought that file trading was wrong.
    Why should this be either surprising or "stirring?" The people who think downloading music is wrong don't do it.

    Here's what we really need to know: of all the people who have access to pirated music, how many don't download it, and why? Undoubtedly there are going to be many people who don't do it because they don't listen to music very much, or because they don't have time, or other pragmatic reasons. Some, however, don't do it because it's wrong. That's the fraction I'm interested in.

    Articles that simply conclude that most people who do X think X is okay just aren't all that interesting.
    --

    I write in my journal
    1. Re:Hoo boy by verbatim · · Score: 1

      Quit trying to bring facts, logic, and common sense into the equation.

      Besides, 92.8% of all statistics are meaningless. 42.5% of all people know that. :)

      --
      Price, Quality, Time. Pick none. What, you thought you had a choice?
  132. Which begs the question.... by MortisUmbra · · Score: 2, Insightful

    When does something like this stop being illegal and start becoming a "our IP system sucks" issue to the mainstream?

    I mean if it was murder thats one thing, but on something so subjective as this when does it become and issue of "40 million people can't be wrong".

    Considering there is only 280 million people in the US and 40 million of those are downloadingmusic (arguably that 40 million is the 40 million CAPABLE of doing it, if more people understood how to do it I would bet you anything that number would be way higher).

    I guess as long as RIAA's pocketbooks are fat enough we will still all be "criminals". What kills me is the consensus amongst some people that "its theft, plain and simple".

    You show me a way to not buy 95% garbage and JUST get the songs I want and I will give you a little leeway. Show me a recording industry that doesn't behave like the mafia and I will give you a little leeway. Show me a RIAA that doesn't lie (look at their claims of financial loses due to P2P) cheat (look at how they try to push legislation allowing them to tamper with other people property when and how they feel like it, via DoS attacks, viruses, etc. etc.) and steal (look at the way artists are treated, look at the LONG history of artists being royally SHAFTED by the recording industry) and I will give your argument a little bit of leeway.

    The arrangement isn't ideal, I will grant you that, but who's fault is that? Mine because I dont want to be fleeced anymore for a 95% bogus product? Or the recording industry's, who doesn't feel like changing, who wishes to restrict us and our liberties (note, not freedoms, liberties) because they are too antiquated to try to adapt?

    --

    "The saddest words of mice and men, are not those which were, but should have been."
    1. Re:Which begs the question.... by gerardrj · · Score: 0, Flamebait

      Because we don't live in a Democracy in the United States, and the will of the people at large is irrelevant to the workings of government.
      You can just as easily apply your thoughts to other laws like speed limits: most drivers will exceed the posted speed limit at some point during a trip and not feel guilty about it. Most will probably go over by 5mph or more.
      Why then, if the VAST majority of drivers think that driving faster than the speed limit is okay, is it still illegal?
      Who really gets hurt by speeders? Why is it still illegal when the majority consider it to be okay?
      Because majority doesn't rule here, money does, and the "people" collectively can't throw money at politicians like large corporations can.

      --
      Article X: The powers not delegated... by the Constitution...are reserved...to the people
  133. Re:More proof that illegal file sharing must be st by Anonymous Coward · · Score: 0

    I bet you wouldn't say that if you had to actually pay for the sourceforge account that your perl batch image conversion script is hosted on.

  134. Quality by rf0 · · Score: 1

    I like many other people hear will download songs to sample them and will normally go on to buy the CD. The reasoning behind this is that if you actually do do MP3 -> CD and then play it on a decent hifi it sounds awful. There is no depth to it, no soul. CD's can provide that and that for me is 1/2 the expierence

    rus

  135. vs. software downloads by Verity_Crux · · Score: 1

    So I have this confusion in my brain. Perhaps someone can help me sort it out. It seems sharing music is significantly different from sharing software.

    I give this reason: Throwing out record companies, musicians could still give live concerts and still make good money. What is the equivilent in the software business? What is to motivate a programmer (aside from the love) to write code knowing it will be freely spread across the planet? I'm not talking about expensive/big software packages that require call-in activation or dongles, I'm talking about the kind of little projects I've considered writing on the side for a little extra income.

    I foresee a day where information is given freely all over the world. Anti-competition contracts will be done away. The patents will be individual/team events, not company events. Companies will resemble schools more than the current sorry state of legalized piggy-backing. I believe I can program with the best of them, don't you? How stifling it is to have a company bring me to a new level, inspire in me great ideas, and then try to own them for up to a year after my termination! "You've brought me this far -- give me a chance to take it and run." But no, they're worried they can't compete. The business folk don't believe they can compete, yet hire me because I'm some ignoramus, some blinded programmer with no business sense. Cowards. It's mere laziness, with a tad bit of greed. Such peon labor does exist, though if a company doesn't want my brain, I'll go work somewhere else. This does not concern me though; I believe God will give me good original ideas in my time. I hope all of us believe that. We are not stuck in some lame rut of being controlled by the business gods. My plan is this: I just don't sign the contract. So far employers have valued me more than that. You should try it.

    With that in mind, I've tried to picture a world where the average company would use open-source software and hire a programmer to add a needed module to it. In that motif, though, I struggle to see the motivation for a lot of the necessary software on the market. How can I reconcile that motif with the advantages of free intellectual property?

    As for you record companies, you are used to spreading lots of information all over the place. The internet has the same purpose, why not compete? Challenge the data format. Give out higher quality than the internet can give, and you will make money. Your current position consists of making money through the free ride of occasional talent. And these days it seems the 'talent' portion is often forgotten. Do you call that integrity? Morally right? That is so much worse than downloading the few favorite songs without purchasing them -- a few minutes of a recorded event in history. You record companies have no right to preach morals -- spare me the hypocrisy please.

    1. Re:vs. software downloads by QuantumG · · Score: 1
      Man, how simple can I put this? Say some company wants a piece of software written, they don't want some off the shelf solution, they go and hire a bunch of programmers and get it done. Where's the copyright issue in this? There isn't one. They pay you to do some work, end of story. Ok, so sometimes you can't afford to pay for the development of some software, maybe you're a small business. Well, any software that you could buy off the shelf under a copyright like system will only be there if the people who wrote it think that they can sell it to lots of people, so get those lots of people together (people just like you) and pool your money. I guarentee you'll pay less for it and you'll get exactly what you need -- without the bloat.

      Copyright is the lazy immoral way to fund software development.

      --
      How we know is more important than what we know.
  136. Porn-Storage Expert, coming through by slaker · · Score: 0, Offtopic

    Mr. Heavyweight:

    For best results, you should consider moving to RAID10, and ditch those low-capacity, failure-prone JBs for something a bit higher on the food chain. JBs feature an enhanced STR, true, but even a U-series from Seagate can handle the 15GB/hour of HuffYUV that video capture nuts need (a vidcap nut would of course be better to spend money on PC2700 RAM and a 333FSB processor). Keep those drives around, if you get into editing, but if you're like the rest of us, it's all "rip and encode"!

    Maxtor's MaxLine 320 might not be out yet, but in a month, six of them should give you the data storage and redundancy we know you crave.

    For those with lower-density pornographic needs, I recommend Samsung's SV120H4. 120GB, sure, but also quiet, reliable, cool and highly compatible with even the crappiest of Highpoint RAID controllers, the value-priced SpinPoint 120 is a winner all around. Maxtor's slightly higher-end 541DX is a real workhorse in this category as well.

    Lastly, there's the matter of offline storage. CDs of course are convienent and commonplace, but switching discs every two and a half minutes is such a hassle! Multiple burners? Forget about it. Kick off one only to start another? Puh-LEASE! For your end-result pr0n storage, what you need is a 4X DVD-R drive, such as the Sony 500AX multi-format burner, and a copy of Ulead MovieFactory2 to handle the diverse array of sources and conditions that your source material arrives in. Downloaded from Kazaa? Yup. Capped off the scrambled PPV channels? Right-O!

    And to top it off, for the stuff that isn't good enough to wind up on DVD, you can always make a data disc with a whopping 7(!) 670MB files.

    ---
    slaker is a non-syndicated slashdot reader with a porn collection that exceeds the data storage of some small Eastern European nations.

    --
    -- I wanna decide who lives and who dies - Crow T. Robot, MST3K
  137. Still a good analogy: by Tokerat · · Score: 4, Funny


    The RIAA has been yelping and screaming ( "OW! My profit!!!" ) ever since they (well, their affiliates) brought us fabulous new talent like 98 Degrees and Sum41.

    "Gee, Bob, I can't understand why people aren't buying the CDs, these bands are practically clones of the last big hits we signed... Ahh, must be those God-damned pirates again! Betty! Can you get my lobbying group on the line, please? We got some ass to kick!"

    --
    CAn'T CompreHend SARcaSm?
  138. I really am beginning to feel bad about piracy. by crashx99 · · Score: 2, Interesting

    I personally am feeling guilty for having to download tracks from some artists. when I download something I'll listen to it, and keep it if I *really* like it, and plan to purchase the album later (I really do, I'm now buying a CD a week now, maybe two a week), so with the mp3's i have, I delete them one by one as I purchase the CD. So I have a record of what albums to purchase. I don't buy it when people say that they will buy the album later, 98% of my friends/others/relatives say that they buy more CD's because of mp3's. No! They just buy bigger HD's. Well, I'm done for now, but if CD's do cost too much for you, get them used. You'll save a lot of money and have a legal copy.

    Now, about me copying my CD's to MD, that's another touchy subject!

  139. I know it's against the law... by batlock · · Score: 2

    ... and I don't care. I still download MP3s.

    Hell, it feels good, stickin' it to the man!

    --

    Batlock...

  140. As a concerned American patriot, by Patri0t · · Score: 0, Offtopic

    I am ashamed that the president of the United States is from Texas. I sure didn't elect that cowboy!

    1. Re:As a concerned American patriot, by L0k11 · · Score: 0, Offtopic
      Neither did the rest of the majority of voters...

      Whoops... did i say that?

      I've really got to learn to keep my mouth shut

      --
      "Those who cast the votes decide nothing. Those who count the votes decide everything" -- Josef Stalin
  141. Such hypocrites by Anonymous Coward · · Score: 0

    Yesterday, everyone was carping and griping about spammers. "Ehh, ehh, ehh, it's a theft of our bandwidth."

    Yet these same people have no problem stealing when it comes to other people's creative work.

    Oh, and before some asshole says "it's not the same thing," it's not your bandwidth.

    It's the evil record companies too. "Wahh. They overcharge. Wahh. it's a bad product. Wahh. They're greedy."

    But these same people have no problem underpaying, and they have no problem hoarding immense archives of music while paying nothing. Same greed, different illegitimate justification.

    1. Re:Such hypocrites by anubi · · Score: 1
      Yeh - everybody is doing something that someone else doesn't like much.

      But, so far, its just been that we used technological measures to try to stop what it is we did not like, or if we could only all co-operate, not buy at all from spammers to kill the profit motive.

      Yeh, spammers spam, I don't like it much, but I don't see some "SpammerJon" spending so much time in trials because he is determined to get around mechanisms put in place to stop spamming.

      It just seems equitable to mete out correctional force proportional to what happened. Ok - a spammer tied up so much of my time to download his crap - or other businesspeople pester me ringing my phone during my dinner hour and interrupting my meal. Yes, its a pesterance, but I consider it down in the noise - similar to sharing a song.

      It seems futile to make a federal case out of it.

      If someone wants to consider their song as that level of theft as they want the federal government to protect it for them, then I would think a property tax is in order. I own property and have to pay tax - and I don't even make money from it - its just a place to live. But that's part of living in society - if I want my Government to recognize my claim to it, I have to pay my tax to the Government, and in return, I expect them to defend my rights to my property.

      My own feeling is that if they want the federal government involved - then they should be taxed on the worth of that property just as all of us are taxed on it. Being its kinda hard to assess the value of it, let the owner set the value. But then the owner can't sue for more than its worth.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

  142. Sure I know it's Illegal by DaemonGem · · Score: 0

    I know filesharing is illegal. I know I really *should* go out and buy the CD or the DVD instead of downloading it. The problem (with music, at least) is that I find out that very little of the money is going to the artists themselves. I find that the music industry is getting tons of money for something they didn't even create. This makes me ask myself: Do I want to support the music industry? Quite simply, the answer is no. I discover that my money is really going where it ought, and I get annoyed. On a more legal note, what if I see a song that I want to hear, but the rest of the CD sucks. Should I go and buy a $25 CD for one song? My answer: Hell no. -Dae

    --
    "Alle reden vom wetter. Wir nicht." - SDS Sozialistischer Deutscher Studentenbund.
    j00 4r3 3n73r1ng l337 w0r1d.
    1. Re:Sure I know it's Illegal by Kombat · · Score: 1
      very little of the money is going to the artists themselves

      Oh yeah, tell me about it. Just look at poor Jennifer Lopez, the poor girl obviously can't even afford a decent meal. And I'm sure DMX's gold chains are all fake, and I'll bet Shania Twain bought her Mercedes at the "Used" lot, rather than the showroom, like she deserved.

      I find that the music industry is getting tons of money for something they didn't even create.

      I find the newspaper industry is getting tons of money for something they didn't even create.

      There is a helluvalot more to the music industry than just the music. The fact that the art itself is what you actually hear does not erase the fact that hundreds of talented, specialized people are involved in the production and marketing of an album. Those people deserve to be paid.

      Listen to yourself, people like you make me sick. You think that just because it's Britney's voice on the CD, that somehow she should get most of the money from the album. She's just ONE PERSON. Sure, she's talented, but is she any more talented than the artist who created the cover art on the CD, or the costume designer who worked on her video, or the 100 or so other people involved in marketing her? Why should one person get HALF of all the profits, while the people who MADE HER WHAT SHE IS get to fight over the remaining crumbs?

      Think about it. You seem to think that aaaaall those other people are just inconsequential and expendible. If that were true, then why don't the artists go it on their own? Thousands do, and you never hear of ANY if them. Know why? Because those other people involved in the creation of an album ARE creating value. Without them, you'd never have even heard of Britney, and there wouldn't be any profits for her to bitch about.

      The arrogance of your opinion sickens me. Just because someone is blessed with a good voice, or is a decent guitar player doesn't automatically mean that perfectly-mastered CDs will magically show up at the local record shop. It takes a lot of people, a lot of work, and most importantly, A LOT OF MONEY to get it there, and the other people involved deserve to be paid just as much as the trained monkey reading off the lyrics that some other nameless artist wrote for him/her.

      --
      Like woodworking? Build your own picture frames.
    2. Re:Sure I know it's Illegal by DaemonGem · · Score: 0

      Your argument has a lot of merit, however I would respond by saying that in that case they don't need my money. Also, I don't like Britney Speares or Jennifer Lopez ;-).

      --
      "Alle reden vom wetter. Wir nicht." - SDS Sozialistischer Deutscher Studentenbund.
      j00 4r3 3n73r1ng l337 w0r1d.
  143. Service by hackwrench · · Score: 1

    It is also a service to themselves when they hear it, and a service to others when they hear it.

  144. Yet they do bother citizens of other countries??? by aSiTiC · · Score: 3, Insightful

    Give me a break! Only Americans ignore copyright regulations?? Citizens of other countries abide by copyright regulations like angels.... Why do I not believe that??

    Last time I was in Hong Kong you could buy VCDs every other block on the Kowloon peninsula. Don't even get me started on Eastern Europe.

  145. Re:I'm going to try something a little dangerous.. by Thing+1 · · Score: 4, Insightful
    In the end, the RIAA is still a business and has a right to make money.

    No business has a right to make money. It's like the pursuit of happiness -- you don't have a right to happiness, you have the right to seek it out.

    In the same vein, businesses have the right to attempt to make a buck; they don't have a right to be profitable. If the RIAA/MPAA/TLAA can't embrace the new technology then that's their problem, and they should die like the buggy whip manufacturers.

    Or as Heinlein much more aptly put it,

    There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped or turned back, for their private benefit.

    (I had to google for this. Here it is (scroll down to "What Inspired Heinlein?"))

    --
    I feel fantastic, and I'm still alive.
  146. libraries by commodoresloat · · Score: 2, Interesting
    The library buys a fixed number of copies of songs/albums, and they can only be used by one person at a time. If there is popular demand for more copies of that song, the library pays for more and increases the fixed number.

    I was on the Academic Technology Committee at the university where I work, at one of the meetings we discussed library e-books and I didn't get the point. They were buying books that were available electronically, but the software was crippled so they could only be "checked out" by one person at a time, while that copy was in use nobody else could access it until it was "returned." I guess it destroyed itself on the user's hard drive somehow after a certain period of time and that was the return. And the text was actually image files so you could not search the text or copy and paste anything. These "books" cost more than your average library volume, although the library got a deal for buying lots of them at once. But I didn't understand why they'd bother. What's the point of getting electronic versions of a book at all? Those restrictions made the electronic copy functionally no different than the actual book -- worse in fact since you could still photocopy a real book, plus you get all the other advantages of having a physical book. We are crippling the technology as fast as we can invent it, just to protect the greed of corporations who own artists' work. I think the p2p issues are the same. Why should we cripple the internet? Why did we bother inventing it in the first place?

    1. Re:libraries by SN74S181 · · Score: 1

      Why should we cripple the internet?

      Why should I 'cripple' my chain saw by putting a guard on it. Hell, I could remove the turnoff switch too, and when I'm not using it, leave it sitting there running, ripping anything that it comes into contact with.

    2. Re:libraries by mpe · · Score: 1

      These "books" cost more than your average library volume, although the library got a deal for buying lots of them at once. But I didn't understand why they'd bother. What's the point of getting electronic versions of a book at all? Those restrictions made the electronic copy functionally no different than the actual book

      It's because publishers have a business model which assumes the limitations physical books. Hence they want the new technology to emulate the old.

    3. Re:libraries by Anonymous Coward · · Score: 0
      Why should we cripple the internet? Why did we bother inventing it in the first place?
      The "we" who invented it is not the "we" who is crippling it.
    4. Re:libraries by Danse · · Score: 1

      Bad example. Putting a guard on it would not cripple it in the sense that it would still be completely functional for the purpose for which it is intended. I would compare the guard to error-checking in downloads. Removing the switch and leaving it running are not analogous in any way that I can see to anything we're discussing, so I don't know what you're meaning there.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    5. Re:libraries by drinkypoo · · Score: 1
      With no more difficulty than photocopying the book, you could screen-shot and OCR it and get the text out.

      I'd say that while this is unnecessarily crippled, you still have better access to the data.

      My problem with the text being images is space. The nice thing about text is that it's small, before compression it's one byte per character which keeps all but the largest texts below a half a megabyte, which will fit on most portable devices, even those of "yesteryear" as it were.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  147. not so funny now by CrazyJim0 · · Score: 1

    Ok, I'll buy punching someone in the dark is victimless.

    Now kicking someone in a nuts, well there is scant a villany as that.

  148. Re:I'm going to try something a little dangerous.. by ArmyOfFun · · Score: 1
    File sharing can't go on unchecked, because that WILL hinder the RIAA's ability to profit. In the end, the RIAA is still a business and has a right to make money.
    So now anything that threatens the profitability of an existing corporation/organization is wrong?

    Record companies exist because they profit off the distribution of music. If a new technology comes along that distributes music without the aid of the record companies (but also compensates artists who want a return for their work) they have no right to exist anymore, as they have ceased to serve a useful purpose. They sure as hell don't have a moral right to protect their existence by purchasing laws and undermining the will and right of fellow citizens.

    If you had argued that musicians have a right to make money off their work, and hence P2P networks need oversight/repair/whatever, I would be more inclined to agree. The RIAA on the other hand has no right to fight a new technology that makes them obsolete using OUR government as THEIR weapon.
  149. Uhm, no? by haeger · · Score: 1
    [snip]In the end, the RIAA is still a business and has a right to make money.[snip]

    They have a right to _try_ to make money. They don't have a right to make money. If companies had the right to make money, then they could say things like "This filesharing buissness is hurting our sales, so we demand that it'll be judged illegal." or "This automobile buissness is hurting our lucurative horse trading buissness so we demand that it'd be stopped!".


    Now, I do agree with most of what you're saying, but in the above case your choice of words were unfortunate.

    .haeger

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
  150. a comment on american society & government? by zarqman · · Score: 0, Redundant
    "Only 9% feel that downloadling a file is wrong."

    i'd like to address this a little differently from the norm. mostly because i believe this issue is bigger than just music sharing.

    in america, we have become a society of endless laws. laws passed are measured in boxes and tons, not pages as they ought to be. as such, there is no reasonable way to know all the laws we are subject to.

    worse, in many cases the laws are written such that you are a lawbreaker regardless of how you act. a simple example:
    in all states, you can be written a ticket for exceeding the speed limit. you can also be written a ticket for reckless driving, endangering other drivers, or assorted similar offenses. unfortunately, in many states the one of the latter laws is interpreted to include driving slower than the traffic around you. so, if you're driving in a 65mph zone, but all the surrounding traffic is going 75, you can be written a ticket for speeding. however, if you do 65, you can be written a ticket for endangering other drivers (or whatever law would be relevant in a particular state). so, basically, by driving at all on those roads, you are a lawbreaker and whether you are ticketed has little to do with your own actions, but is rather a random chance.

    this kind of situation is becoming more and more commonplace, in large part due to the sheer volume of laws to which we are now subject. i believe we need to take strong action to eliminate a large number of laws, for then it becomes reasonable for the citizens to actually uphold them, which i think most of them probably want to do most of the time.

    back to music sharing. laws and court rulings seem to conflict. the might not legally, but they are likely to be understood that way to the average person. you can timeshift on your vcr, why not music? you do have fair use rights, supposedly, although the dmca seems to void much of that. so, sure, everyone's a bit confused. and then, again by volume of laws, who knows what any of it says anyway? a few of us /. types have actually read small sections of law and have a better idea. but that's not commonplace. and what to we find most of the time? that the law says something other than what we would have thought otherwise--for better or worse! so, most people simple pick what seems reasonable and convenient to them.

    does this make all this music sharing right? not legally. practically? yes, for most people, which is why only 9% have issues with it. this is not a surprise, but rather expected given the state of american law today.

    --
    geek friendly VPS's and free API enabled DNS : zerigo.com
  151. You Can Download mp3s by Anonymous Coward · · Score: 0

    There is no law prohibiting any one from downloading MP3s. Its the Sharing of the files thats illegal. you can leech all you want.

  152. Would the following be legal? by sirsex · · Score: 1

    - Get 100 people to buy a total of, say, 1000 different albums.
    - The money is pooled, so each person owns 1% of each album.
    - These songs reside in a central server or network, so that that each person has access.
    - When a song is used, it is "checked out". Each song can only be played for one person at a given time. When the song is over, it is checked back in. Therefore no duplicate copies are created.

    Using the above method, a legit liscense has been aquired for all the material, and, except for the phyisical aspects, acts just like a library. Any thoughts??

  153. I can't afford to buy CDs by forgoil · · Score: 1

    So somehow I think it won't matter if I download mp3s or not. It is pretty sad when you think of it really. But I don't really get much music these days anyways, since almost nothing comming out today is worth listening to.

    If CDs were $5 I would consider buying them, that would be a more fair price for me.

    1. Re:I can't afford to buy CDs by Simon+Lyngshede · · Score: 1

      I agree CDs are way to expensive. Apparently the only way to make the record comapanies realise that they should lower the prices is to stop buying music and stop the piracy at the same time. Currently they just blame piracy every time something doesn't go their way, but with no piracy they would have to rethink that idea.

    2. Re:I can't afford to buy CDs by ColdGrits · · Score: 1

      I can't afford a nice big house, so I'll just sleep in yours and eat your food; somehow I think that won't matter, right?

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
    3. Re:I can't afford to buy CDs by forgoil · · Score: 1

      Hence my comment about it being sad. Please don't assume that I download tons of mp3s. I own 400-500 CDs or something like that already (few of them have been bought that last five years) and I no longer feel that I can afford CDs. Partily because my economical situation has changed, partily because they are hugely overpriced, and partily because that what record companies push today (radio, MTv, commercials, etc) is almost only music that I categorize as "crap".

      So don't be so incredibly quick to judge, and if I owned a nice big house I would afford a CD or two a month...

  154. Why copyright is unjust by Politas · · Score: 3, Insightful

    Well, I for one think it is unjust that people who spend their time writing, singing, playing music, etc, should be paid over and over again for the same original effort. If I build a chair and sell it to someon, I've (presumably) been paid for my effort. I don't expect to continue to be paid everytime someone sits on that chair, or sells it to someone else.

    Fair payment for effort taken, and quality of that effort is all well and good, and I do want the authors of the books I read and the music I like to listen to to be paid commensurate fees for their creative work.

    I don't see any justification for a large company to extort royalty payments on the works of a long-dead author. No justification = unjust.

    I'm not saying we can just throw away copyright. I feel we need to change the way that creative individuals are paid for their efforts, to bring it more in line with the rest of the population.

    --

    Politas

    1. Re:Why copyright is unjust by PW2 · · Score: 1

      People can patent revolutionary designs for chairs and continuously make money on multiple sales.

    2. Re:Why copyright is unjust by Snoopy77 · · Score: 1

      We are talking about copyrights, not patents.

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    3. Re:Why copyright is unjust by Snoopy77 · · Score: 1

      First of all, your analogy is pretty flimsy. There is a big difference between your chair and someone's creative expression of an idea. Your chair isn't even copyrighted nor could it be patented unless you came up with some radical design.

      As for fair payment for effort taken, what are you on about. This has little to do with copyright, or are you just angry that you can't legally obtain the latest Nsync album for free?

      I agree with you that the length that a copyright exists for must be looked at and debated but does this mean should do away with copyright altogether? We both say no. But you are still harping on about payment for effort which is quite frankly none of your business. If you like Nsync and are willing to pay for their album then so be it. If you think it is too pricy then go ahead and complain to Nsync and their record company and whoever else may be listening, but don't forget that copyright is there to protect the artist creative expression of an idea, both the rich and the poor artists. Do artist need their work protected? Yes! Is copyright justified? Yes! Do we need continued debate about it's particulars? Yes!

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    4. Re:Why copyright is unjust by drinkypoo · · Score: 1
      It's just because there is a contract. If people stopped buying copyrighted music then music would be uncopyrighted. We vote with our dollars. The very fact that artists copyright music shows that they are expecting profit.

      While I agree that copyright law is broken, the public is not sufficiently incensed to change it, so unless some lawmakers see some profit in doing so (unlikely) we will probably be stuck with the current post-bono state of copyright law for quite some time.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Why copyright is unjust by Politas · · Score: 1

      You've completely missed my point. That wasn't an analogy, it was a direct counter. In any non-literary endeavour (things that aren't covered by copyright), there is a correlation between effort applied and remuneration, and the amount a person gets paid is a fixed amount, or an amount that is decided at point of sale. Once that remuneration has been settled, that's it. You make something, you sell it - that's it. You provide a service, you get paid for doing so - that's it. Or should we start tithing portions of our incomes to our primary shool teachers?

      Copyright goes against that, giving authors or whoever has purchased an author's copyrights potentially limitless remuneration for past effort.

      In the days when making copies was an expensive affair, and copyright terms were limited to a short period, the concept of copyright was an effective means to assure that an author did at least get a reasonable return for his or her effort. That was one of the main reasons that copyright was invented, and remains the primary justification for its continued existence. It forces publishers to pay authors.

      With the extensions of copyright being added on with seemingly no limit, and the rulings that copyrights can be sold to corporations, that situation has changed. Copyrights are no longer a tool to ensure fair remuneration for an author's effort. They became a corporate money-making tool some time ago, and they are now drifting into a tool for censorship and sociological control.

      The ease of copying digital media means that the cost of being a publisher have dropped to virtually nothing, turning copyright from a law that controls businesses into a law that controls the populace. It was never designed for that, and it shows.

      It's time for a change.

      You say that the payment for effort for an author is none of my business, and to a certain extent, I agree with you. I don't care how much company X pays artist Y for their material.

      What I care about is that there is a legal system in place that favours literary endeavours over service and physical endeavours, allowing one limitless remuneration, and the others finite remuneration. I consider that to be unjust. What is it about writing a book or a song that makes such activity worth limitless remuneration? Is the act of creating a sculpture a lesser creative task? Is working to build a road less useful to humanity?

      Finite effort should lead to finite remuneration, in all endeavours.

      --

      Politas

  155. Re:Prohibition ? by rking · · Score: 3, Insightful

    With a precedent like that, how was drugs prohibition implemented without requiring an amendment, or was no amendment ever required?

  156. Re:"Online Privacy" by unitron · · Score: 3, Insightful
    "I would glady trade my privelege of "online privacy" (whatever that means) in order to live safely in a world free of terror."

    Sounds good except for the part where giving up your privacy does little or nothing to aid in preventing the kind of terror of which you're thinking and perhaps even makes it easier for the government and the corporations who lease it to come up with new (admittedly less likely to be fatal) ways to terrorize you.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  157. Of course! by Anonymous Coward · · Score: 0

    Legal issues don't bother downloaders. If they did, then they wouldn't be downloaders would they?

  158. mafia? by hany · · Score: 1
    Kleinschmit: "This suggests that copyright enforcement efforts are unfortunately being misinterpreted by these consumers, and additional education and awareness on the importance of intellectual property rights in this new era of content distribution may be necessary."

    Which may be translated as: "An Estimated 40 million Americans do not understand or do not want to understand that giving money to (MP|RI)AA is for their own benefit so they have to be gently showed that they are wrong."

    Mr. Kleinschmit or whoever should consult Mr. Capone or somebody with equal qualities but still alive so that such "education" will be done the proper way.

    Sounds funny but ...

    --
    hany
  159. Open Source Music? by Punk+Walrus · · Score: 5, Funny
    Seeing the open source model, I wonder (not "predict," but wonder) if this is what will happen:
    1. Government bans swapping
    2. Sales still go down
    3. M$, RIAA, and the like make some sort of anti-theft device in CDROMS like they did with DVDs (yes, you can bypass, but not easily for the average user)
    4. Sales still go down
    5. They raise album prices, because of "continued piracy" and renewed advertising cost.
    6. Sales still go down
    7. This model becomes "Hollywood Critical," meaning no innovation because industry people are afraid to take risks in a cutthroat environment. Sales falling through the floor as boy band after boy band thrusts their craft on Nickelodeon. "Latest polls" show 40% of the males aged 12-24 like new star "B*Bop Pinky-Poo," a girl who is genetically part of every race in her demographic target (not too white, not too tan, kind of Asian, kind of black, but not TOO black... and is that a hint of Hindu?), and all about gi--, er, unisex power! Sales are still dropping. B*Bop is forced to make dance remix of Hendrix's "Watchtower." She's found dead in a hotel room over a sleeping pill overdose when even her decrepit sellout morals collapse in on herself. A new artist, "Sharon Apple," who can't possibly offend anyone with her music, turns out to be a computer.
    8. Independent artists begin to spring up everywhere, and thrive because everyone is so sick of the bland crap pumped into their face from countless car ads (thank you Mitsubishi), and there's only so much "classic" stuff you can listen to before it's not classic anymore but, in fact, "reruns." Cyndi Lauper's residual checks even start to dwindle.
    9. Sales still go down. It must be piracy! Raise the price! CDs now going for $50, but now they have videos on them! Music industry desperately tries new format, but it's selling less than 8-tracks did. They start forcing new albums to be on this new "music memory stick" format. The albums only play if your fingerprint matches what they have on file, and can only play on a device that can call home to check and see if you're allowed to play it. Sales still go down. Piracy so rampant, it's like the black market in late 70s Russia.
    10. Artists begin to compose music... not because they want to make money... but because they are artists. They start swapping in Vorbis format or something. Kind of like how people are working on Linux and stuff not for profit, but because they are programmers and wants stuff that works. P2P-like networks show REAL hits, in real-time, and new pop stars spring up from basements and garages around the world. Kind of like MTV when it started. And no money is changing hands.
    11. Music industry collapses. Distributors flee to third-world overseas markets.
    12. Years later, people reminisce that there's no "good live concerts" anymore, and that digital feed HDTV of "Seamus Chien and his New Durban Posse" isn't the same as "Aerosmith" or "Kid Rock." Kids born after 2010 wonder why anyone would expose themselves to all that pollution and crime in the outside world just to see someone sing and pay $30 for a tee-shirt. "Ticketmaster," is officially entered in the Oxford Dictionary as an old synonym for "ripoff."

    Okay... maybe not...

    _______________________________________________
    "A planet where walruses evolve from men?" - Get your flippers off me, you damn, dirty pinniped!

    1. Re:Open Source Music? by Anonymous Coward · · Score: 0
      "Latest polls" show 40% of the males aged 12-24 like new star "B*Bop Pinky-Poo," a girl who is genetically part of every race in her demographic target (not too white, not too tan, kind of Asian, kind of black, but not TOO black... and is that a hint of Hindu?), and all about gi--, er, unisex power! Sales are still dropping. B*Bop is forced to make dance remix of Hendrix's "Watchtower." She's found dead in a hotel room over a sleeping pill overdose when even her decrepit sellout morals collapse in on herself. A new artist, "Sharon Apple," who can't possibly offend anyone with her music, turns out to be a computer.

      Have you read Bruce Sterling's Zeitgeist?

    2. Re:Open Source Music? by retro128 · · Score: 1

      Maybe not? This looks like prophecy to me!

      --
      -R
  160. Well, duh! by Anonymous Coward · · Score: 0
    1. Re:Well, duh! by Anita+Coney · · Score: 0, Offtopic

      "sleep deprivation, denial of medication for injuries, forcing them to stand or kneel for hours on end with hoods on, subjecting them to loud noises and sudden flashes of light and engaging in culturally humiliating practices"

      Wow, that's exactly what the Japanese do to foreign prisoners. I guess they don't care either!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  161. Re:I'm going to try something a little dangerous.. by atarian · · Score: 1

    ...the RIAA is still a business and has a right to make money. ...

    Nope, no business has a "right" to make money. If their business model is sound and they offer a good product at a reasonable price, they have a chance.

    Nowhere in the US constitution (or any other country's constitution for that matter AFAIK) is a "right to profit" stated.

    --
    xGSV Consolation of Dreams
  162. Re:Christian moral law caused it? *BZZTT*, Try aga by Anonymous Coward · · Score: 0

    Reading the above (quoted below) made me laugh. In the UK, the womans suffrage movement had *nothing* to do with alcohol.

    --------

    The "minority" you speak of that caused prohibition was primarily women stretching their political muscles.

    As near as I can figure, the argument is something like this:
    Women's Sufferage movement: WE NEED TO VOTE!
    Everyone else: Why? Aren't things going okay for you?
    Women's Sufferage movement: WE ARE MORALLY OPPOSED TO ALCOHOL!
    Everyone else: I guess you've got your convictions (and a few mumbles of approval that win support to the sufferage movement)

  163. the truth by tetro · · Score: 2, Interesting

    The truth is people download music so they don't have to buy it. I think that "sampling" excuse is the biggest piece of crap. People buy the really really good stuff. The okay, mediocre, and good music with limited lifespans are the ones that nobody buys after downloading. Think about the excuse porn consumers give...that it's for "education." Not many people publicly admit it's for masturbation, but everyone knows what its for.

    And I understand people buy the CDs that they're exposed to via downloading, but considering the amount of awesome music worth buying, I'd say people who abide by the rules are outnumbered.

    One more word to the RIAA, if you don't like the situation, change the damn business model.

    --
    .smell my feet.
    1. Re:the truth by Anita+Coney · · Score: 2, Interesting

      "I think that "sampling" excuse is the biggest piece of crap."

      For about the five years before Napster I bought about 3 CDs. Since Napster (and all of its brethren) I've bought about one CD a month. All of it from stuff I've downloaded online. And, all of it stuff you cannot hear on the radio, on MTV, or via any other mainstream outlet.

      Peer-to-peer sharing allows me to hear music I wouldn't ordinarily hear. As someone once stated, the biggest obstacle to any artist is NOT sharing, it's obscurity. Peer-to-peer does a great job at addressing that problem.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:the truth by Anonymous Coward · · Score: 0
      Think about the excuse porn consumers give...that it's for "education." Not many people publicly admit it's for masturbation, but everyone knows what its for.


      I disagree. If you visit any nudie-booth in a major city -- they'll tell you they're going to go jerk-off. It's not like it's a secret.

    3. Re:the truth by tetro · · Score: 1

      To clarify things, I think people only purchase the exceptional cds that they discover through downloading. I'm sure there are cds that aren't worth buying but downloaded at a great rate. Almost everyone downloads music and I'd be a liar to say that I don't. The big problem the RIAA sees is that ALL of the mp3s, oggs, etc. that are downloaded aren't eventually purchased. The RIAA is a business and of course it'll want to get ALL the money it can. It's one of the greediest entities consumers deal with and for that I hope it crumbles.

      --
      .smell my feet.
  164. He is right, was: congratulations by seschmi · · Score: 1

    But he is right - I think it's the key point that filesharing is "victimless". Most people don't care much about rather abstract issues like "free speech" or "fair use", but they care about victims.

    So "normal" people tend to obey laws that protect people (including themselves) from other people.

    For example, shoplifting is considered to "less bad" for most people than breaking into a neighbour's house and taking his money, because sympathies for the victim (Wal Mart) are quite low.

    Most people can't see how filesharing hurts anybody (Britney Spears? She is of course "rich enough" to care for herself), and that's why they do it.

  165. In fact I buy quite a bit of software.... by sllim · · Score: 1

    You can flame me if you dissagree, fine.

    As far as downloading things goes I see three completely different piles, software (warez), movies (SVCD and such), and MP3's.
    You simply cannot group those three things together. There are different reasons, and different obstacles for each pile.
    I won't talk about movies and music.

    But I want to bring up software.

    There is sooooooooo much buggy software today that you can waist quite a bit of money on software that simply doesn't work out of the box.
    Can you imagine if car manufactures (or any other manufacturer for that matter) had the low quality standards that software devolopers have?
    It would be awful.

    But I have found that if I hit usenet I can normally find many different pieces of software to achieve whatever it is I want to achieve.
    I download the warez, run it and if it is buggy I toss it out.

    If it does what I want I buy it.

    And I do buy it. I like to own my software. I want to be able to patch my software and add features. I don't want the fact that I have stolen it to get in the way.
    I just want something that works out of the box.
    Is that asking too much?

    Okay so you bring up software with demos available.
    Well.... I recently got screwed by this. I was looking for a TV client for my new ATI All In Wonder card. Intervideo seems to make good products. I demoed WinDVR. There demo only allows the software to be active for 5 (or 10 I forget) minutes at a time.
    Seemed fair to me. I wanted to buy right away anyways.
    I checked the quality, it was what I wanted so I paid $50 for it.

    Guess what?
    It has a problem that doesn't reel it's ugly head until after you have been using it for more then 10 minutes.
    I haven't been able to find a solution so far.

    You know how hard it is gonna be to get a refund for this?

    I should have Warezed it and then bought it.

    Lesson learned.

    YOU LISTENING SOFTWARE DEVOLOPERS?

  166. Not Guilty by Anonymous Coward · · Score: 0

    I don't download much music from the Internet but when I do I don't feel in the least bit guilty about it.

    When I see record companies ignore or do their best to ruin almost any band whom I like and instead spend all their time inventing new "Pop Idol" formats and TV, Cartoon tie-in's it does not surprise me that their sales are falling. If they got back to basics and concentrated on promoting real bands / artists, who could play their own instruments - live, speak for themselves and write their own songs then I am sure they would see more interest in their product.

    I would be curious to know what % of 'illegal' downloads are for manufactured crap such as Britney, Gareth Gates and all the other bands aimed at 6 year olds and their parents as opposed to downloads of real bands who we do not see quite so often on the TV.

  167. Re:Christian moral law caused it? *BZZTT*, Try aga by sql*kitten · · Score: 1

    I'd like to think that all of the women in America hold a lot more political power than media conglomerates, and unlike perhaps Christian moral law, women have *not* been completely replaced by money and corporate interests. But enough about that...

    The problem with most feminist politics is that it assumes that "women" are a homogeneous group who share the same ideology and policy goals. Implicit in your statement is the assumption that there is no overlap between two groups "women in America" and "media conglomerates". Whereas in fact, you will find that the set you call "women" is actually a bunch of different people who have lots of different ideas about lots of different things, and that the set you call "conglomerates" actually employs vast numbers of the "women" set. In fact, one of the senior figures in the "conglomerates" set is actually also a member of the "women" set! Further, out here in reality, you will find another set called "men", all of whom can be said to agree with some "women" and some "conglomerates", and disagree with others.

    In short, gender politics is simply not a useful framework for understanding the world, and neither is the idea that the world is divided into the opposing camps of "corporations" and "everyone else".

  168. Re:Newsflash: More research by Anonymous Coward · · Score: 0

    Are you sure it is not just some guy kissing a mirror?

  169. Actually... by Snaller · · Score: 1

    Legal Issues Don't Bother Americans - don't you check the news?

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  170. Double Speak by Gumshoe · · Score: 1

    Equating "file trading" or "file swapping" with copyright infringement as this story does, is double speak IMO. If you want to address the problem of copyright infringement then refer to it explicitely otherwise we risk the demonisation of non-copyright infringing file trading.

  171. Lies and statistics... by Eivind · · Score: 1
    It is not correct, as stated, that only 9% find something wrong with their actions. Like always, statistics are subtle. 9% say that they agree with the statement: "Downloading free music online is wrong."

    That statement says nothing about piracy. Nothing about illegal copying. If I go to some artists personal homepage and download fully legal but free samples of that artists work, is that wrong ?

    I suppose most people would answer "sometimes" to that statement. And that's not very useful. If the statement had instead said: "Downloading music from the Internet without permission from the copyrigth-owner is wrong." I suspect many more people would have agreed with it.

  172. Re:Adaptation.... Evolution... by TGK · · Score: 4, Insightful

    In 2006 Congress passed the Digital Piracy Prevention Act, increasing the minimum sentance for on-line piracy to 50 years in prison and a fine for the market value of the content pirated. The Homeland Security Agency was tasked with protecting the nations intelectual property and a new division created for the enforcement of on-line laws and regulations. In a bizarre parody of fiction, this force became known as Net-Force in reference to a partuclarly bad series of books published by the Tom Clancy estate.

    Net Force derived most of of its power from the Patriot I, and II bills, removing its need for warrents, or even probably cause for its various searches and seizures. Rumor and accusation were enough to incur its wrath.

    Ownership of a private personal computer soon became a liability in the United States. By 2014 every personal computer was required to have a unique government identification number and to pay a licence fee to the Federal Government to fund the organizations necessary to monitor it.

    In 2015 the maffia entered the picture. Using chips and other components aquired overseas, small illegal hack-houses began building and distributing pirate systems. Specificly designed without the vulribilities Net Force and the DOHS required, these systems provided an expensive but unregulated medium to exchange information.

    I suppose I could add more, but lets leave that up to someone else. Sure, it's largly based on that love song for napster peice... but is it really so much of a stretch?

    --
    Killfile(TGK)
    No trees were killed in the creation of this post. However, many electrons were inconvenienced.
  173. Re:"Online Privacy" by Anonymous Coward · · Score: 0

    typical lamer moderators. always mod something down if you disagree with it. Same about parent.

    Stupid moderators shouldn't breed. OH wait, obviously they don't.

    Read the fucking FAQ before you sniviling idiots moderate

  174. How insulting to be pre-judged by nurb432 · · Score: 1

    I have done this many a time.

    With the type of music I listen too, you don't just go out and hope a band is good. you have to hear it first or you waste a lot of $$.

    You don't get it on the radio either. ( before you use that argument ) There are no refunds on crap music, unlike most other industries.. money doesn't grow on trees either, I have a limited music budget..

    Anything I've not gone out and bought afterwards I wouldn't have in the first place. Is that wrong? Perhaps legally, but since no revenue was lost by the artist then I really don't give a damn. What I have bought more then makes up for it.

    Perhaps I'm an exception, but its insulting to be tossed in with the others.

    --
    ---- Booth was a patriot ----
  175. prostitutes want to be free by Anonymous Coward · · Score: 1, Funny
    Sex is not a product, which once taken cannot be given again to someone else. Indeed, you can give sex to many people at once, and still have more sex to give around. The initial development costs of the sexual organs far outweigh the distribution costs of sex. Greedy religious people want to use threats of fire and brimstone to restrict the free distribution of sex, thus gaining an unfair monopoly on the terms under which a person may have sex. Sex then becomes a gift bestowed by the religious hierarchy rather than a fundamental right.

    Ultimately, it is the responsibility of the providers of sex, the ladies (and occasional men) of negotiable affection, to recognise that sex wants to be free, and to provide their talent on demand. By sharing their sex, others are able to contribute to it, improving their technique. Ultimately the government should create a "sex tax" to pay these sex workers, while housewives would be prohibited from only providing sex to their husbands.

    We must also abandon patents on sexual positions and toys, as they have stifled creativity in the sex industry. But we must also recognise that Free as in Free Sex does not mean the right to spam herbal viagra products. Indeed, viagra will no longer become necessary under the Free Sex utopia, as we will expose ourselves and feel comfortable with our bodies in a way not seen since Roman times.

    Sex workers of the world unite!

    1. Re:prostitutes want to be free by Anonymous Coward · · Score: 0

      This post should be cut-and-pasted and first posted into every story on my site !

      --CmdrTaco

  176. mp3=radio on demand by glsunder · · Score: 2, Insightful

    It's too bad the recording industry cant realize that. Two things would revitalize their profits: encourage the artists releasing MP3s of their albums (heck, make them live versions if they want) and drop the price to under $10/cd. There's a lot of albums that I simply don't want to risk or bother wasting $20 on. But, I'm preaching to the choir.

  177. a musician's response to the survey by Anonymous Coward · · Score: 1, Interesting

    Since I didn't get to respond in a survey...

    YES: I download copyrighted material using the Internet.

    YES: I know it is illegal.

    NO: I do not think it should be illegal.

    NO: I don't think it is wrong.

    NO: I do not think MP3s are the same as CDs.

    YES: File trading will continue long after P2P is illegal (if that happens).

    YES: I buy the records that I download and like.

    YES: I am a musician with copyrighted works that are traded freely on the Internet.

    NO: I do not worry about MP3s impacting my sales.

    YES: The future belongs to record labels dedicated to releasing strong music and not attacking their music-hungry customers for trying to hear more than their budgets/radio will allow. Music file trading will cease to be illegal OR wrong when musicians and record labels realize they need not fear the demise of music media as a commodity. CDs and vinyl will continue to coexist along with music sharing, as they have since they invention of analog tape recording.

  178. We need some extinction too... by TopShelf · · Score: 2, Insightful
    My understanding of the RIAA argument is "Record sales are down, therefore that must be caused by filesharing". Perhaps they miss the point that the general public is bored and disinterested with the bland repetitive "product" which these companies provide. Today, the music industry is not about music but about product.

    I wouldn't argue that filesharing has little or no impact on the decline in CD sales. Instead, I'd say that this is a very good thing. A large part of society is basically saying that there isn't much value in the record companies burning CD's of prepackaged music for them and selling it to them at a healthy markup. Communal file sharing can be as transformative to our society as the Gutenberg press was, but the brutal fact is that there will be some parties that will lose big as a result (i.e. the record companies), while society as a whole gets a huge win, in the increased access to artistic content. Protecting the record companies now would be akin to protecting the companies who made punch cards for the computers of years past - it's a bad bet, period.

    --
    Stop by my site where I write about ERP systems & more
  179. Illegal but wrong? by dpete4552 · · Score: 3, Insightful

    There is no way I could afford the CDs to all of the music I have. I honestly don't feel that there is anything morally wrong with what I do. It is illegal, yes, but morally wrong? I don't think so. I buy the CDs for most of the music I really like to show support for that artist, not necessarly to give them money, but just by the fact that by puchasing something you are voting for that something, in this case the artist, and I like to show my support when I like the music, and I still think that buying the CD is generally more convienient than downloading it.

    I think of it this way. If you had a magical machine that could instantly make a copy of any product, and you went to a car dealership and made a copy of a dodge viper, and this was something you could never afford anyways, would it be wrong? Dodge is not loosing a product they need to pay to get replaced, because it is a copy, and they are not loosing money in the form of you getting something for free that you would have normally payed for without your copying machine, because you could never afford it anyways, and would not otherwise have it. Is that really morally wrong? Now it becomes morally wrong, imho, when you go and copy the car you can afford, but just don't want to pay for.

    Now companies will bitch and moan, this is expected. I could very well be wrong, however I think by law they need to fight a legal battle to protect their IP, otherwise it could be argued later in court that they give up the rights to it by knowingly allowing people to "steal" it, without trying to do anything about it. And of course it is legally wrong, but taking into account my analogy above, do you honestly think it is morally wrong?

    --
    http://www.archive.org/details/ThePowerOfNightmares
    1. Re:Illegal but wrong? by Tiny+Elvis · · Score: 1

      If you had a magical machine that could instantly make a copy of any product, and you went to a car dealership and made a copy of a dodge viper, and this was something you could never afford anyways, would it be wrong?

      You could sell the magical machine and then buy the dodge viper. I'll bet the machine would be worth billions.

    2. Re:Illegal but wrong? by Sentry21 · · Score: 1

      On the one hand, I'm inclined to agree with you, but I've been thinking about something lately...

      Capitalism relies on the model to work. Every business transaction is a legal agreement, and it's all part of one big game. We're all small fish, but when you get higher up and you're dealing with the larger purchases, you can bargain, you can banter, rub shoulders and network, so that you can get the product for cheaper or before your competitors. I'm not at that point in my life, where I can play the game actively, I'm still a level 3 merchant in a level 40 merchant's world, but I still recognize the importance of playing the game, and playing by the rules that are set down.

      You (and I speak in the general sense here) agree to take part in the capitalist system by enjoying the fruits of said system. You drink your lattes at Starbucks and then complain how overpriced they are, because that's part of the game. You drive your Honda Civic because you need to get from point A to point B. We live in a capitalist world, and almost by necessity, we have to play the game.

      Take that metaphor entirely away, and think about games, football (soccer) for example, the game relies on the rules. If one person decided that they were allowed to pick up the ball and run with it, and while doing so could defend themselves with a hockey stick, then the game would cease to be fun for anyone else, thus negating the point of the game. It's cheating.

      I don't think downloading music is 'wrong' for the same reason I don't think l33t w4r3z trading is wrong - 99% of the time, it is victimless. Whether I can download 3DSMax or not has literally no bearing on whether or not I make the purchase, because it costs so much I just plain can't afford it anyway (educational discounts notwithstanding), so I don't see me pirating it as a victimful crime (not that I'd ever pirate it, I'm no good at that stuff).

      So why is downloading wrong? Not because Britney Spears or Sony Pictures Classics or EA Sports or Microsoft 'lose money' (in realty, they're just not gaining that money). It's wrong because you're playing the game but ignoring the rules, and once you decide to pick up the ball and start running with it, someone else might decide that if you're going to do that, they're going to try and tackle you, and then someone else might decide to put on a bunch of padding and spandex and go around slapping his friends' asses, and then the whole game devolves into a pathetic show of testosterone and people's knees start facing the wrong way. In our case, the RIAA decides to start manipulating the judges (the government) to try to prevent that.

      If you're going to play the game, play the game by the established rules, and then everyone can play; if you make your own rules, then other people will do the same, and it all devolves.

      --Dan

    3. Re:Illegal but wrong? by I'm+Spartacus! · · Score: 1

      I think of it this way. If you had a magical machine that could instantly make a copy of any product, and you went to a car dealership and made a copy of a dodge viper, and this was something you could never afford anyways, would it be wrong? Dodge is not loosing a product they need to pay to get replaced, because it is a copy, and they are not loosing money in the form of you getting something for free that you would have normally payed for without your copying machine, because you could never afford it anyways, and would not otherwise have it. Is that really morally wrong? Now it becomes morally wrong, imho, when you go and copy the car you can afford, but just don't want to pay for.

      I assume you are familiar with the Law of Supply and Demand. If someone is able to produce an exact copy of anything, then the supply begins to outweigh the demand for that product. Now, expand that out a thousand-fold, and you begin to see the problem. Soon, the price that Dodge can charge for that Viper begins to plummet. Eventually, they are unable to turn a profit because the price point is so low that they cannot justify the cost of production. No more Vipers, and no more jobs for people that make Vipers.

      So go ahead and tell yourself that you're not hurting anyone by downloading free music, but the fact remains that you're reducing the demand for a given product, and that has a negative effect on the people paid to produce that product. Don't be surprised if that product goes away someday.

      --
      "War is God's way of teaching Americans geography." -- Ambrose Bierce
    4. Re:Illegal but wrong? by dpete4552 · · Score: 1

      I assume you are familiar with the Law of Supply and Demand. If someone is able to produce an exact copy of anything, then the supply begins to outweigh the demand for that product. Now, expand that out a thousand-fold, and you begin to see the problem.

      Nice try but that makes no sense in this situation. Unless you are selling the viper, then there is no problem at all. A thousand people have something that they would not otherwise have, Dodge has to pay nothing to replace the product because it is a copy, and they are not loosing money in the form of loosing a customer because you could not afford it anyways. You can expand that million fold and there would be no problem. Now if people sold the vipers, which in a real world situation they would, then it would be wrong and f00k everything up. But for the purposes of this analogy they do not. Now if you are selling the music you are downloading for free, then that is definately wrong.

      Soon, the price that Dodge can charge for that Viper begins to plummet. Eventually, they are unable to turn a profit because the price point is so low that they cannot justify the cost of production. No more Vipers, and no more jobs for people that make Vipers.

      That makes no sense. If you took a million people who are making money below poverty level (e.g. they could never afford one) and used the magical copying machine to give them each a copy of a viper, Dodge would loose nothing. It would not affect the price of a viper a single bit so long as they were not selling them (and again for the purposes of this analagy they aren't). A million people now of a magical copy of a product they would never be able to afford anyways, and would not otherwise have. It would not in any way affect the price of the viper.

      So go ahead and tell yourself that you're not hurting anyone by downloading free music, but the fact remains that you're reducing the demand for a given product

      How? How am I hurting the demand of the product? I have a few thousand songs, and there is way in hell I could afford the repective CD for each song. If I did not pirate them I would not have them on my computer. I would not have purchased them because I cannot afford it. So in situation A I download the songs and have them on my computer and do not buy the CD; in situation B I don't download the songs and I don't have them on my computer and I don't buy the CD. I don't see how I am reducing the demand for the product in either situation A or B. I buy as many CDs as I can afford, and of the songs I like the best. But I cannot afford the CD for *every* song I have downloaded, so it is just a matter of me having the song on my computer or not, because either way I would not have the CD. So with that, I ask you again: How am I reducing demand? Regardless of whether or not I am downloading it, it is not going to be purchased by me anyways, because I simply cannot afford it.

      --
      http://www.archive.org/details/ThePowerOfNightmares
  180. Re:Adaptation.... Evolution... by Anonymous Coward · · Score: 0

    Ummm no.

    If you steal a CD you are stealing something tangible. Granted the CD and packaging may cost all of $.50 to a record company, that is all you stole.

    The I.P. is the music. This same music you can listen to free on the radio. I don't see the difference between downloading and listening to an MP3 vs. catching it when it's on the radio.

    Would you concider recording the FM broadcast stealing? Are Tivos stealing by recording TV broadcasts?

    As far as I'm concerned, P2P/MP3 can only help the music industry.

  181. Re:Adaptation.... Evolution... by EvilAlien · · Score: 1
    Meanwhile, north of the border, equivalent laws were passed in Canada but nobody bothered to notice or put up a fuss if they did.

    Canadians are reported to have consented to monitoring enmass with comments such as "oh well, what can you do?" ,"I sure hate those Liberals, maybe next time I won't vote for them" and "I'm not doing anything wrong, why should I care?".

    --
    perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
  182. Audioscrobbler by Anonymous Coward · · Score: 0

    Does anyone else think that Audioscrobber is the RIAA's wet dream? A database of music files played, linked to email and I.P. addresses?

  183. How's this for a compromise? by MarvinMouse · · Score: 1

    Download music to try it out, and see if you'll get sick of an artist or band after a few songs. Also it will give you the chance to really get to listen to an entire CD.

    If you download more than half of a CD and you enjoy the music, and you have the money. Buy that CD. That way, you know more of hte music you enjoy will continue to be produced, you are going to get a CD that you like (since you already know that you like the songs on that CD), and everyone is happy.

    If you download only one song from a CD, don't worry about it. If you download a lot of songs from a CD, and they suck, just delete them after a while. Don't become a packrat storing hundreds of bad songs on your 80Gb harddrive just because you can. You know you don't listen them anywaiz.

    Keep the songs you like, buy the albums you know you are going to enjoy (when you have the money), and everyone should be happy.

    --
    ~ kjrose
  184. You're so right about the ugly people... by caveat · · Score: 3, Insightful

    When was the last time you saw a fat ugly woman with a beautiful voice in the Billboard charts.

    You know, I never really though about it, but it's so true - hell, The First Lady herself probably couldn't land a contract today. Oc course, leaves you wondering how Rosen got where she is...

    --

    Facts do not cease to exist because they are ignored. - Aldous Huxley
    1. Re:You're so right about the ugly people... by TarPitt · · Score: 1
      When was the last time you saw a fat ugly woman with a beautiful voice in the Billboard charts.

      I think it was maybe 1968....

      --
      If your children ever found out how lame you are, they'd murder you in your sleep
    2. Re:You're so right about the ugly people... by Anonymous Coward · · Score: 0

      Why don't you just tell us, smart guy, instead of pointing to a link to a form data result.

  185. Re:Newsflash: More research by Anonymous Coward · · Score: 0

    My dear departed barrister father taught me "Never confuse the Law with justice".

  186. Still in the minority. Sigh. by g051051 · · Score: 1

    This is really disheartening to read. I hoped that law abiding segment was the majority. I really don't understand people who break the law in this way.

    I'm actually in both groups, in a way. I don't download music (or movies) illegally, but if I could download them legally, it would be to preview for later purchase.

    I don't think the music companies are making the right decisions, but they are within the law. If you don't like the law, change it, rather than ignore it.

  187. Pointless statistic - on its own by TonyJohn · · Score: 1

    The statistic is that: 9% of people who download music think it is wrong.

    This suggests to me that the majority of people who think downloading music is wrong don't download music.

    What would be interesting would be: what proportion of the population think downloading music is wrong?

    --
    Owl tried to think of something wise to say, but couldn't.
  188. Why are any of them getting so rich? by lysium · · Score: 3, Interesting

    What, exactly, do modern day musicians (artists and 'performers') do to deserve hundreds of millions of dollars, again? They follow their calling well? So do I, and I am not entitled to millions for it.

    Why is the IT job market in the dumps right now? Too many unqualified gold-diggers clogging the field.

    Why is music in the dumps right now? Too many unqualified gold-diggers clogging the field.

    Music was a hell of a lot better, imho, before the advent of the superstar. Not very rewarding, either -- I guess that meant you only sung if you had something worth saying.

    --
    Together, we will drive the rats from the tundra.
  189. Downloading is like speeding.... by GuNgA-DiN · · Score: 1

    I speed. It doesn't bother me one bit. Even if I get speeding tickets..... I continue to do 85 MPH. Apparently a lot of other people feel like I do. The posted speed limit is 55. They all speed too. I download music too. It doesn't bother me one bit. I'm trying to re-organize my MP3 collection now. It has grown out of control.

    1. Re:Downloading is like speeding.... by wheatwilliams · · Score: 1
      You make me sick.

      Speeding doesn't hurt anybody unless you have a wreck.

      Every time you download copyrighted material that you did not pay for, you are STEALING MONEY from the people who created the music.

      You are committing THEFT.

      You are hurting the people whose music you claim to enjoy.

      You are a SCOFFLAW--somebody who enjoys the benefits and protections of living in your country while feeling no obligation to abide by its laws.

      You are one of the most disreputable people in your society.

    2. Re:Downloading is like speeding.... by GuNgA-DiN · · Score: 1

      Bite me asshole. I don't care if I make you sick/mad/happy. It's not my problem. It's yours!

      I am HAPPY in the knowledge that I'm stealing. And everytime I download MP3s I get a collosal chubby thinking that I'm fucking over the RIAA. I am a SCOFFLAW and I like to commit theft while sucking down gigs and gigs of music/software/movies/pr0n!!!! A shitload of other people think it's OK too.... because they do the same thing.

      I am using the system to my advantage! If you don't like it -- tough shit! You can lick my balls.

  190. democracy speaks by ironfroggy · · Score: 1

    I believe these numbers are true and that most Americans do not think anything is wrong with downloading songs and music. The industries will have a fit about this, slap more lawsuits on our hands, encrypt all their content, and raise prices slowly over the next few years. but this is a democracy. we vote. and the vote has been taken. has anyone stopped to consider that if the majority of Americans dont believe its wrong, then it should not be against the law? when the majority of Americans decided that Prohibition was wrong, they stopped making that the law. live and learn. we cant keep a law against everyones wishes just to protect a dying bussiness. The world will not end, it will simple change.

    1. Re:democracy speaks by wheatwilliams · · Score: 1
      You make me sick.

      In this country "democracy speaks" by passing federal laws. Millions of people downloading copyrighted music without paying for it is the opposite of democracy. It is millions of cases of breaking the law and anarchy.

      Until the people of the United States of America pass a federal law through Congress, signed by the President, making downloading copyrighted music without paying for it legal, then it will continue to be illegal, and any and all people doing it will continue to be scofflaws who break the law, not practice democracy.

      Get your terminology in order.

    2. Re:democracy speaks by ironfroggy · · Score: 1

      you misunderstand me greatly. i think that should happen. i believe it should pass into law, officially. what i was saying is that the current number of americans breaking the current laws because they think its right is a sign that it should be legal and we should not be passing laws against something most americans agree with.

    3. Re:democracy speaks by Kazoo+the+Clown · · Score: 1

      It's not democracy when big corporations bypass it by spending $$$ on lobbyists to browbeat the government representatives into passing the media controls laws as they want them. It's not democracy when there are laws against payola but are completely ignored because there's payola to the government as well. It's not democracy when the FCC gives away the bandwidth store for free to the big corporate contributors, and allows massive mergers to completely stifle independent innovation.

      If this sort of thing is democracy, it deserves to be dumped into Boston harbor.

      It almost begins to look a little more like democracy when the people begin to rise up and resist such tyranny and ignore your pathetic and hypocritical attempts to paint them all as criminals while ignoring all the criminal and immoral actions of the media corporations.

  191. Re:"25-DAY TRIAL PERIOD GROWS!" by Jeff+DeMaagd · · Score: 1

    Yeah, I agree with this. Really, 7% unemployment was considered a good number to balance growth and inflation. Many (most?) economists didn't (don't) think that less than that can be had for a sustained time period, would agree that we got lucky and are just settling down from an overheated economy anyway.

    The recording industry isn't quite in its last throes that I can tell, despite what I hear from even the lowest minions of the industry. It's hard to argue "dying!" or "killed by napster!" when they had record profits in the height of the napster "crisis". Even if there is financial trouble, it's probably high time for a reworking of the business, which most industries probably has gone through at least every 20 years for the last century!

  192. Who'd a thunk it! by Anonymous Coward · · Score: 0

    While we're at it, can we make Porsches and large yachts free too? I want them! It's my right as an American citizen to have them for free!

  193. Statistics by wesmo · · Score: 1

    "75% of all statistics are wrong."

  194. How come 9%? by philipx · · Score: 1

    I don't get one thing...
    If 9% think what they do it's illegal, why don't they simply stop?!

    --
    __________
    Don't belong. Never join. Think for yourself. Peace!
    1. Re:How come 9%? by wheatwilliams · · Score: 1
      Because they know they are breaking the law and they intend to break the law.

      Has it occurred to you that 100% of people who download copyrighted music they didn't pay for are doing something illegal and should stop?

      I'm not aware that in America guilt or innocense is determined by whether you THINK what you are doing is illegal or not. It's illegal because the law says so.

      Next time you are arrested for stealing a couple of $100 bills from a bank, try telling the judge that it's okay because you have decided that you think it's okay, you aren't doing anything wrong, and therefore you should not be prosecuted.

      I'm sure the judge will be happy to drop the charges and send you right home.

  195. Re:Not suprised.... by Anonymous Coward · · Score: 0

    Just like the scat-porn loving eurotrash don't think that there is anything wrong with giving murderous dictators weapons of mass destruction.

  196. Americans imitate amoral presidents by peter303 · · Score: 1

    Amorality pervades US society from the Presidents to thieving downloading pre-teens. First we have a president that does know what adultery is. No we have one that wants to start war at a drop of a hat. No wonder the rest of society is confused.

  197. Some things that I think need to be cleared up by xRelisH · · Score: 1

    First, the idea of stealing something is controversial, it depends how you define it. I personally define stealing as taking something that someone has, or taking something that someone WILL have in the future as a payment (ie. cash) for something they did now or in the present. I know there are exceptions to this, but use some common sense. Secondly, the idea of whether stealing is right or wrong is another controversy. I personally believe that it isn't wrong if you weren't planning to buy whatever it was anyway, whether it be a crappy video game or a $10,000 3D rendering application that you could never afford. However, if it is something that you can afford, and also like or are using it on a regular basis, then I think it would be wrong to not buy it. An example of this is if you got a pirated version of a good video game, if you like it, then I believe you should go out and buy it, more so as a gratuity for making such a good game. The same applies to softare you can actually afford, like Nero or some of those cheaper apps, and not like the Professional Apps like Photoshop (not the LE version, which lacks almost everything and those trial/learning versions that put watermarks, and sort of ruin your hobbyist creations). My whole opinion on this, more specifically music is that I do believe that some of these artists are getting ripped off. There are people who download their MP3's and don't have their CD's nor do they plan to buy their CD's.

  198. Whats wrong with that? by autopr0n · · Score: 1

    If you don't let other people download, you're just taking. Not sharing : P

    --
    autopr0n is like, down and stuff.
  199. Simply over priced by diablobynight · · Score: 1

    I prefer to own my own CDs. I really do. i like having the actual CDs, I like having the liner notes. And then I rip them to MP3 and put them on my computer, but as CD prices and bandwidth have gone down in prices over the past 5 years, and CD prices have stayed the same or gone up, I have become pissed off. For what reason does a CD cost more than a tape. A CD is by far cheaper to make than a tape, but yet they choose to sell us a 15 cent product for 15$. And that's after Ticketmaster charged us, 50$ for bad seats at a concert, and price gouged us 45$ for a T-shirt. Screw the music industry, screw bands that make one hit album and get paid millions for it, they dance and sing, nothing more, I don't think they should be making ten times what doctors who save our lives make. I truly believe that if CD prices were more reasonable, more people would by their own CDs but they price fixed the market, then jacked up prices horribly. There never would have been this p2p craze and all the effort it took to develop it, if music companies weren't ripping people off.

    --
    Anonymous Cowards - Oh God, How I hate you
  200. yup by timothy · · Score: 1

    A kneejerk reaction against piracy is going to effect all of us (who don't pirate) in ways we can not even imagine atm.

    Agreed. Canada (and other countries) are already exacting huge fees for blank CDs, on the basis (expressed more sweetly) that the purchasers are using them to illegally copy music anyhow. (And even though I disagree with their motives and means, there is a certain truth to it -- too bad that's the part that gets blown up and written into law.)

    I recommend Henry Hazlitt's book Economics in One Lesson (fair warning, I have one more chapter to read; maybe he advocates baby-eating in the last few pages). It's old and definitely *not* specifically about Music Industry Industrial Policy, but it bears relevance ;)

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  201. Re:"Online Privacy" by Anonymous Coward · · Score: 0

    You're a fucking moron

    Those who would trade liberty for security deserve neither.

    -Thomas Jefferson

  202. what percent of 73% of people are lying? by Mr.+Asdf · · Score: 1

    Another stat, 73% of US downloaders report that their motivation for trading was to sample music for later purchase...

    I'm sorry, but that is BS. Granted most people would like to sample music before they buy, and many probably do this. BUT, this is definitely not the primary motivation for downloading music. The primary motivation is more likely to build up their MP3 collection. I always was amazed at how many people bragged about their Gigs and Gigs of music files. These folks ALWAYS listened to their music directly from their computers too. If they didn't have cars, they might never even listen to CDs at all. And this isn't uncommon. I'm not actually saying that those taking the survey were lying. It is completely truthful to say that I download music to sample before I buy. But, it is certainly not the main reason for doing it. I believe most people feel obliged to say this on the survey- because it helps the cause. If you download music just for listening from your computer with no intent to buy, you aren't going to admit that to the record industries (AKA surveys), because that would give them reasons to stop you from doing what you are currently enjoying.

    In short, surveys can oftentimes contain loaded questions designed to manipulate the results. I believe this is one of them.

  203. So now speeding.... by Anonymous Coward · · Score: 0

    which is known to cause physical harm when accidents occurs is comparable to swapping bits over high-speed lines? Bullshit.

  204. Look here ... by Anonymous Coward · · Score: 0

    if the television broadcasts come through my air and I have bought an antenna, I'm watching for free. If the cable signal comes into my home and I pay for that service, but the wire carries scrambled signals which I can view because I know how to descramble the signal, I'm watching that for free too. I suggest you improve your scrambling technique if you expect me to pay.

    If you put something on the Internet and I can get to it, either because you provide it for free or you don't know how to exclude read permissions on the source directories for your files, I'm going to d/l them if I feel like it.

    And I ain't gonna feel one bit guilty about it, neither.

  205. Re:I'm going to try something a little dangerous.. by mpe · · Score: 1

    If you had argued that musicians have a right to make money off their work

    They don't have any more right to make money than the record companies. They simply have the right to attempt to use their talent to make money including being able to freely enter into contracts for performances and recordings.

  206. Har. by Anonymous Coward · · Score: 0

    I wouldn't buy any of the shite I download, so nobody is losing any money with me.....

  207. Hello? Anybody home? Think, McFly! Think! by JCMay · · Score: 1

    Lets look at it with the "Back To The Future analogy" (at her request I took my wife to go see Willard, starring Crispin Glover... who played George McFly in BttF) which goes something like this:

    Biff = Saddam Hussien
    Marty McFly = George W. Bush.
    George McFly & other wimps = "rest of world"

    Biff goes aound terrorizing (!) George, causing general havoc. George grows up cowing to Biff, and eventually goes to work for him. George grows old in fear of Biff. That is, until Marty goes back to 1955 and changes things.

    Marty shows George that he can, and indeed must, stand up to Biff. At the end of the movie we see what a glass tiger Biff really is-- one punch from the underweight highschool loser George McFly knocks him cold.

    Upon returning to "present day" 1985, Marty finds the world a very different place. His parents are no longer losers-- his dad cowering at biff and his mother an overweight chain smoker. Nope-- his parents in this alternate reality "grow up" to be vibrant, active and fearless. Biff, on the other hand, is given his come-uppance: he's outside waxing Marty's new truck!

    The moral of the story: people never realize their true potential while cowering in the shadows of bullies. They must stand up to the bullies and defeat them in order to be all they can be.

  208. Jumpin Jesus on a Pogo Stick!!! by Anonymous Coward · · Score: 0

    Is everyone that dense?! It's a Simpsons quote! It's meant to be funny and/or ironic! It's not supposed to be taken seriously! Please shut up already!!

  209. As far as Previewing Music Before You Buy... by lasmith05 · · Score: 1

    In record stores you usually have the option of previewing music (in the kiosks) before you buy. You aren't obligated to buy the cd once you are finished. Downloading an mp3 to sample it is the same thing. If I download a song, check it out, hate it, then delete it. I wouldn't have bought it anyways so what's the problem?

    --
    www.samuraidreams.com - My Blog
    www.samuraifiles.com - Get Some Videos Here
  210. I can't buy in ogg format by Cyno · · Score: 1

    Any music service I have found online expects me to use either some proprietary format with DRM or mp3s. My entire music collection was ripped from my CDs to ogg format. My OS doesn't even support mp3s anymore. Until the music industry can offer me something worth buying how can they expect me to continue to pay for music? I have enough commercial music and there's plenty of free music available, it just doesn't get advertised as much, cuz its free.

    Besides, my time could be better spend learning how to play music or publish my own stuff. That's free these days, too.

  211. Please read Title 17 by Anonymous Coward · · Score: 0

    As a musician with copyrighted works, you should spend some time informing yourself better about copyrights. It is actually LEGAL to give away copies of your music, as long as they are not sold and not part of any business (handed out as door prizes, available from a site with banner ads, available only with software purchased from Napster, etc.)

    The whole text of Title 17 is available online. If you read the preambles of each section and then focus on the music section, it doesn't take that long to work through -- just sit down with a friend, a printout, close to an internet connection to google stuff, and go through it marking up the margins.

    It is because people never do this that we have a such a fucked up legal situation in this country. Legal myths and rumours run rampant, and laws unread by the very lawmakers who passed them contradict other laws and the constitution, also unread.

    1. Re:Please read Title 17 by Anonymous Coward · · Score: 0

      Please read my original post. I'm aware that MY music is legally floating around the Internet. It is legally traded because I, the copyright owner, honestly couldn't care less who trades MP3s of my stuff. Any publicity is good publicity.

      When I made mention of "illegal downloads," I am of course referring to the things I've donwnloaded that is owned by a band or label that is opposed to the free distribution of that material in MP3 format. Downloading those works is, under current laws, illegal, because those copyright owners did *not* deem them to be freely distributable via the Internet.

  212. Re:Newsflash: More research by Sentry21 · · Score: 1

    i'm not sure what i'm getting at (especially with that last one...)

    I think what you're getting at is something along the lines of 'Legal Issues Don't Bother American Criminals'. This is music, not heroin, if it bothered people, they'd stop, simple as that. Stating the obvious is a waste of time. At least, that's what I got.

    --Dan

  213. See the AHRA (Audio Home Recording Act of 1992) by Richard+Steiner · · Score: 1

    The Audio Home Recording Act of 1992 (enacted by the US Congress) states the following:

    " SUBCHAPTER D. PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS,
    REMEDIES, AND ARBITRATION

    Section 1008. Prohibition on certain infringement actions

    No action may be brought under this title alleging infringement of
    copyright based on the manufacture, importation, or distribution of a
    digital audio recording device, a digital audio recording medium, an
    analog recording device, or an analog recording medium, or based on the
    noncommercial use by a consumer of such a device or medium for making
    digital musical recordings or analog musical recordings."

    --
    Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
    The Theorem Theorem: If If, Then Then.
    1. Re:See the AHRA (Audio Home Recording Act of 1992) by Anonymous Coward · · Score: 0

      So you are saying that Fair Use didn't exist before the AHRA? How come the words "Fair Use" don't appear in your quotation? Seems like you both need a big clue.

  214. Re:Adaptation.... Evolution... by Anonymous Coward · · Score: 0

    Your problem with mp3 quality is related to a bad network. Try a better network instead - Ubernet comes strongly recommended for top quality.

    Admittedly, you may find more success in a larger, more random quality network such as Fasttrack for sheer quantity when trying out new music more or less at random, but don't expect quality, just quantity.

    We need strong release signatures! Let cryptographic signatures ensure that releases are untampered with and complete, and let reputation of psuedonyms speak for itself!

  215. Re:Adaptation.... Evolution... by Reglar_Joe · · Score: 1

    And hence the huge majority who refuse to see this as theft.

  216. Re:Prohibition ? by Planesdragon · · Score: 1

    Actually, the majority did support it.

    And don't forget, the majority removed prohibition through an even clearer vehicle than the elected government.

    The 21st amendment is the only amendment to the US. Constitution to be drafted through the "voter caucus" method.

  217. Music industry can kiss my ass by Anonymous Coward · · Score: 0

    Good. The sooner the mainstream music industry go out of business, the better.

  218. leveling effect by uberska · · Score: 1

    I don't want to debate the legality of the downloading issue. I just want to point out one thing. The sharing of files ( programs specifically ) acts as a leveling agent for people of different wealths for they're ability to gain computer skills beyond the basics. It used to be that you had to have money to use a computer. Now computers are relatively cheap. With a computer and cheap internet connection, you can download all the programs that anyone else has (almost). Personally, I don't download files, but I have "a friend" who does. He gained experience with *ahem* popular graphics software and other software that gained skills necessary for competing in today's workforce...especially with the crappy economy right now. Make your own judgements about whether this is right/wrong or good/bad or an necessary/unnecessary evil.

  219. Thanks for the clarification... by mekkab · · Score: 1

    All of this info is available at the LOC Copyright Office [copyright.gov]. One would think that on a tech-savvy site such as this, such misinformation would stop being so glibly circulated. I guess one would be wrong.

    Totally wrong! ;)
    This goes to my other point- people are just lazy. even worse, are the would-be-knowitalls - who think they know what they are talking about, but in reality don't. I am of that group. Does that make me qualified to be a manager?

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  220. Mmmm, Sharon Apple by Anonymous Coward · · Score: 0

    It's good to see another Macross Plus fan out there. Yoko Kanno is a goddess and deserves our worship.

  221. so some unemployed producer is pissed. by Anonymous Coward · · Score: 0

    shrugs.

  222. AGAIN, "illegal" != "wrong" by AgentTim3 · · Score: 1
    Just because for whatever political reasons some rules have been written down on paper does NOT make something wrong.

    I submit to you that when 99% of the population drives at a safe and efficient speed for the given road they are on, and that speed has a tendency to be above the posted "limit", then that makes the limit itself wrong.

    That is the definition of how a democracy functions.

    Unfortunately, we do not live in one.

    1. Re:AGAIN, "illegal" != "wrong" by Anonymous Coward · · Score: 0

      Shouldn't you be stealing services from DirecTV right about now? Oh wait, you think it's right to steal!

  223. Re:Still in the minority. Sigh. by wheatwilliams · · Score: 1

    Well, you're not alone. So 91% think that what they're doing is right? These people are WRONG. Worse than that, they are delusional. Just because you are not likely to be caught doing something wrong doesn't make it OK! In this country we live by a thing called laws, and when you break a law, you are WRONG. If you feel you have no obligation to obey and follow the law, you are a scofflaw. And a scofflaw is one of the lowest types of disreputable persons to me. If the people of the US pass a federal law saying downloading copyrighted material without paying for it is legal, then it will become a law in the US. But this is a matter of not only US law but international law. So when the majority of countries in the world pass laws and ratify an international treaty saying that downloading copyrighted material without paying for it is legal, then it will be legal and it will be a law. Until then, it is illegal, it is a crime, and the people that are doing it are scofflaw scum.

  224. People wouldn't pirate if it were wrong. by c0d3h4x0r · · Score: 1

    Piracy is illegal. Almost everyone knows that.

    But most people don't think piracy is wrong, and they are correct. Piracy is the one method consumers have at their disposal to balance a market tightly controlled by a small handful of large producers. In the absence of true competition among a plethora of producers, piracy is the only way for consumer needs to factor into the equation.

    Many people who put down pirates often say, "If you don't like the prices/terms/whatever that the producers are offering, then just don't buy their products!" Unfortunately, that only works when viable alternative products are being offered by other producers at different prices/terms. Consumers still want or need to obtain the goods, so if there's only one producer (or one small group of producers all colluding together), then piracy is the only viable solution.

    Also, it should be noted that piracy and theft are not the same. Piracy does not remove a physical unit of good from the producer, and piracy does not usually deprive the producer of a unit of sale, since that person receiving the pirated copy wouldn't have bought the product anyway (that's why they're out there trying to pirate it -- they can't afford to purchase it legitimately).

    This isn't a new issue, either. It's been debated in the software industry for years. Adobe Photoshop is priced at several hundred dollars, which is well beyond the means of most people who need the product for personal use. Since Adobe (stupidly) fails to offer the same product at a more reasonable price to individual consumers for non-profit use, but the need for the product still exists, people pirate it. And this is a good thing, because it allows the people who need it but obviously can't afford it to still get it -- without physically detracting from the producer's goods, and without creating a "lost sale" for the producer (since the consumer wouldn't have purchased it anyway).

    --
    Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
    1. Re:People wouldn't pirate if it were wrong. by wheatwilliams · · Score: 1
      You are an oxymoron. The method that people have to make something legal is called VOTING and PASSING LAWS. If something is illegal, it remains illegal until laws are passed which say otherwise.

      No matter how you slice it,if you pirate, you are a lawbreaker. You are not part of the solution, you are part of the problem. You deserve to be prosecuted and penalized because each time you do tihs, you are STEALING MONEY from the people who created the music you are listening to. They invested a great deal of time and money into making and marketing that music. They probably went in debt (borrowed money) to do it. When you pirate their music, you are stealing money from them because they don't receive any money from you and can't use that money to pay their debts. You claim to like this band who made this music, but you are bankrupting the band through your stealing.

      You are directly hurting people by being a lawbreaker. Don't try to sugarcoat it or rationalize it away. Take responsibility.

    2. Re:People wouldn't pirate if it were wrong. by c0d3h4x0r · · Score: 1

      You're an idiot. You obviously don't understand the difference between the legality of something and the ethics of something. There are many things that are illegal but which are not wrong. There are also many wrong things that are perfectly legal.

      --
      Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
    3. Re:People wouldn't pirate if it were wrong. by c0d3h4x0r · · Score: 1

      When you pirate their music, you are stealing money from them

      No I'm not. Didn't you read my posting at all? I wouldn't buy their stuff anyway. It costs too much and has unreasonable restrictions on its use. So I'm not depriving them of anything, because I wouldn't buy it anyway.

      --
      Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
  225. Re:Hello? Anybody home? Think, McFly! Think! by Catbeller · · Score: 3, Insightful

    Well, I hate to break up your analogy, but I don't have time to make a posting to continue the BTTF comparisons.

    Here's the thing:

    During the '80's, Saddam/Iraq obtained germ cultures from a firm in Virginia, with the blessings of the Reagan/Bush White House. That's what was removed from the Iraqi declarations lat year before the U.S. in turn handed them over to the U.N. We gave the "bully" his toys.

    Wolfowitz et al had no problem with Saddam gassing Iraqis and Kurds in the 80's. There is a famous picture floating around of Wolfy shaking hands with Saddam a couple of months after he knew damned well Saddam had committed mass murder.

    In '88, the U.N. attempted to pass a resolution demanding the investigation of Saddam's gas attacks against helpless civilians. The resolution was blocked by -- wait for it.... --- the veto of the U.S. in the Security Council.

    Ironic, eh?

    Reagan/Bush equipped and gave aid and comfort to Saddam because he was fighting the Iranians. This is fact. The same people are in Bush's White House. Fact. Another fact: they don't want anyone to remember that past. Their hands are covered with the same blood they denounce on Saddam.

    We have delusions about our past: the rest of the world does not. The WH press corps has reliquished its responsiblity to question the President in any meaningful way. We do not receive accurate news coverage of our appointed President's actions: the rest of the world does.

    When Saddam WAS acting the bully, he was our guy, and we didn't care. When he attacked our oil supply, he became the enemy. But he was always pathetic and helpless against any real enemy. He can't touch us, and has never shown any inclination to commit suicide by doing so.

    We have become the world's only superpower. But instead of being a force for sanity and law, we've gone rogue.

    We are oppressing and silencing dissent, at all levels, from our inability to wear T-shirts which oppose Bush to Bush himself holding "press conference" at which only selected reporters could ask pre-approved questions, with Carl Rove front and center maintaining a checklist, controlling the event. This is beyong bullying -- this is totalitarianism pretending to be what it used to be -- a democracy.

    We have insulted and manipulated our allies into being the fall guys for our failure to make a sane argument for invading a helpless and non-threatening enemy.

    We have news coverage tut-tutting "anti-American" protestors in the U.S. and around the world. An incredible, egregious lie: the protestors are anti-Bush, not anti-American. This is memetic bullying. We have bullied away all the incredible solidarity we had after 9-11. All the good will.

    We have told the world we will blow up anything and anyone we want to, at any time. We have informed the world we will use nukes if we want to.

    We have told the world that we will torture if we want to. That the Geneva convention no longer applies to our prisoners.

    We have told the world that they can go to commie hell if they want us to sign environmental treaties.

    We have told the world we no longer need the U.N.

    We have told the world that we don't need the Brits to invade Iraq. Britons are understandably pissed off that even they who have supported us are crap in the eyes of the radical right.

    We have told the world that we don't care what happens to international diplomacy.

    We are the U.S., and people who oppose us (Bush/God) are commies, lesbos, godless, old Europeans, environmentalist pro-press whack jobs.

    If Turkey won't take a bribe, then we will cut off their aid. I doubt Bush knows we hardly give any foreign aid compared to the rest of the world, and that Turkey won't miss us much. But it is the act of a bully.

    We (Bush) have made it known we will punish economically anyone who opposes us. He is seemingly oblivious to the fact that our economy, via the money he borrows from abroad to pay for our tax cuts and mil

  226. Most people I know... by cemysce · · Score: 1

    I am really tired of people using "Most people I know..." as the basis for an argument. I am seeing this a lot, especially in articles such as this one. When someone says "most people do/are ...", they are more often than not basing that statement on the people that they know, assuming that the people they know is an accurate enough sample to represent the majority.

    Also, since people tend to associate themselves with similar people, the entire argument becomes invalid.

  227. Not wrong by Anonymous Coward · · Score: 0

    20 years from now people will look back at your comment and wonder just WTF you were thinking.

    I pay to connect to the internet. I don't consider any of the data I transfer to be "wrong" in any sense of the word.

  228. Re:Not suprised.... by Anonymous Coward · · Score: 0

    Example of an Iraqi ballot: ______________ Do you want Saddam Hussein to remain leader of Iraq? -Yes -No _________ Iraqi citizens were also "encouraged" to vote using blood from their thumbs.

  229. Absolutely No Stretch at All by Anonymous Coward · · Score: 0

    According to a story on Cnet's News, this isn't really a stretch at all. http://news.com.com/2100-1025-992471.html

    "'John Netherland, the acting director of the Department of Homeland Security's CyberSmuggling Center, said his office would focus more closely on P2P networks. The center already is "expanding its investigative efforts to encompass this new technology,' Netherland said. 'Evidence is easily captured and preserved on a real-time basis...for these reasons peer-to-peer file-sharing investigations are likely to increase.'"

    Department of Homeland Security??? Sorry, don't think I'm ever going to vote for a Democrat or a Republican. Theres a very big, very dark line between murdering innocent people and Kazaa. If you don't think there is, your either fucking nuts, or really really gullible. What else can you say?

  230. The Public Is "Bored" By "Beautiful"??? by cribcage · · Score: 1

    My understanding of the RIAA argument is "Record sales are down, therefore that must be caused by filesharing". Perhaps they miss the point that the general public is bored and disinterested with the bland repetitive "product" which these companies provide.

    No offense, but perhaps they miss this "point" because it's a crock of shit.

    I'm a jazz musician, and journalist. You're right: Pop music is repetitive. (Being "repetitive" is actually kind of the point of pop music, but we'll set that aside for the moment.) Most of it is also garbage. 16-year-old children, even with admittedly good voices, record their own poorly-written crap (Debbie Gibson notwithstanding) and are rewarded with national circulation. And somebody, PLEASE...explain Macy Gray.

    But let's be clear: Any decline in CD sales is despite this truth, not because of it. Check the playlists on P2P, next time you're surfing. Eminem, Britney Spears...people aren't turning to P2P because they want to be turned onto new, engaging music. They use it because it's free. On this point, the record industry is 100% right. People use P2P, for the most part, to listen to the exact same crap that's on the radio.

    When the public becomes "bored and disinterested" with "bland" and "repetitive" music, then Bob Brookmeyer won't have to turn to Dutch labels to record his music. Rap fans will learn about J-Live, and they'll forget about DMX. Rock fans will hear bands like Don Caballero and Shipping News, and schmucks like that Andrew-somebody-or-other won't be able to find work at McDonald's.

    Don't take my word for it. When the record labels -- the folks who really study this data -- saw their sales figures starting to decline, what was the first thing they cut? Jazz. Almost completely. Classical? Most people think, "Mozart," "Bach"...and on the rare occasions when they're in the market for a classical CD, you'd better have those two on-hand; because they're not interested in Ligeti or Lutoslawski. If you really believe that the general public is even remotely "bored" by the same-old, same-old, then you're kidding yourself. It's a dream world I'd like to live in, but it just ain't so.


    crib

    --

    Please don't read my journal
    1. Re:The Public Is "Bored" By "Beautiful"??? by unixbob · · Score: 1

      I think what I was trying to make 2 separate points. The first is that the record industry has devalued music, so that people no longer consider pop music to have any worth. They may still want to listen to it, perhaps because of seeing it on MTV all hours of the day. But they are less and less willing to shell out their money for (for example) the new Backstreet Boys single which isn't that much different from New Kids on the Block or even the Osmonds (certainly here in the UK, we see a lot of manufactured bands remaking the same old songs and the kids who listen to them obviously aren't aware that the material isn't knew). Obviously I am only using my own anecdotal evidence (although I would take the evidence of the record labels with a pinch of salt considering the have an agenda to promote). What I was trying to say was that pop music has reduced to a lowest common denominator and people don't see any value in it.

      My seond point was that my own experience is that P2P has resparked my own interest in music, to a point where I pay for CDs as a direct result of experiencing new music from downloaded mp3's. Your own music is probably a good example for me. I listen to a lot of House music and Drum and Bass. But I also like Alternative music, Blues and Hiphop. I have heard some Jazz on the radio, but (my impression of) Jazz is that it's a large medium with many different styles and I wouldn't know where to start to try it - and I'm loath to spend £100 on 10 or less CD's to find that I only really like 1 or 2 of the 8 CD's I've bought. Personally I am very likely to experiment a bit, do a bit of googling then download some stuff from fasttrack. And if I like it then I'm very likely to go and buy some stuff from amazon.

      I was probably not very eloquent in trying to make these 2 separate points.

      --
      The Romans didn't find algebra very challenging, because X was always 10
  231. Copyright is not intended to compensate authors... by orichter · · Score: 3, Insightful

    The notion that an author has a right to a profit is a falatious notion. Copyright is purely a social contract in which I give up my natural rights of free speech to ensure that ideas are made available to the public. Creators have no right to profit, just like manufacturors have no right to profit. It's thier job to earn that profit. Copyright is not designed to ensure profit, but rather to provide an incentive. They only have an (artificial) right to control thier creations so long as they live up to thier half of the social contract. Furthermore, if less content is produced as a result of copyright violation, it is me, as a fellow member of society who has had my rights violated, not the content creator. This is a very subtle point, and I may not have expressed it well, but I guess what I'm trying to say is: Copyright is a mechanism designed to achieve the goal of wide disemmination of ideas. There is no goal of providing compensation to creators, that is simply a mechanism by which the goal is achieved.

  232. Re:Copyright is not intended to compensate authors by Danse · · Score: 1

    That's exactly what I was trying to get at, you just said it a lot more succinctly. :)

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  233. Perhaps you should consider the groups... by fireboy1919 · · Score: 1

    While it is true that the group containing all women is not the same as the media conglomerates, the two sets that I was talking about are completely disjoint, and not the ones that you are considering. I'm fairly certain that Hillary Rosen was not part of the women's sufferage movement around the 1920's. Everyone who was must be about 100 years old by now.

    The post that I was objecting to was insinuating that a vocal minority caused prohibition just as a vocal minority will cause the restriction of file trading.

    And of course, if you look at my context, I was speaking specifically of "women who where for sufferage" when I was speaking of women in America. I'm sure that there were plenty of women who weren't involved in this movement, but that is STILL irrelevant. I was pointing out that this was a very LARGE group, not a small minority, as the media conglomerates are. It doesn't specifically matter that these are women. They could have been martians. The importance is that they are a large group, and thats why they changed things.

    In short, when gender politics has been an issue, it should be observed, and one's mind should not be clouded by preconceptions that any gender-related statements are inherenly sexist.

    As far as dividing the world into opposing camps of "corporations" and "everyone else," since your argument doesn't make sense in light of mine, I fail to see your reasoning, especially because you have not adequetely shown why the fact that the set containing women and the set containing members of conglomerates is not disjoint is relevant. Sometimes it is "corporations" versus "everyone else," where everyone else contains all those who are opressed by corporate politics. Otherwise, we would never have started using expressions like "Robber Barons" to describe "Captians of Industry."

    --
    Mod me down and I will become more powerful than you can possibly imagine!
  234. Re:"Online Privacy" by Anonymous Coward · · Score: 0

    Point of order, sir.

    That quote was Ben Franklin, not Thomas Jefferson.

    And it went "Those who would sacrifice essential liberties for temporary safety deserve neither freedom nor safety."

    Be sure of your facts before you call someone a fucking moron, otherwise you may turn out to be what you mock.

  235. Re:Still in the minority. Sigh. by GuNgA-DiN · · Score: 1

    Are you spouting off again wheatwhacker? Answer me this -- if 91% of the population is doing something "BAD" aren't they in the majority?

    If 91% of people wanted a President in office -- he would be elected.

    If 91% of the people wanted to create a federal holiday -- there would be a new holiday.

    AND.....

    If 91% of people wanted to download MP3s -- wouldn't it follow that the law should be changed to match the wishes of the MAJORITY?

    91% is the MAJORITY!!!!!

  236. Re:Newsflash: More research by Anonymous Coward · · Score: 0

    ok, i'm not sure what i'm getting at (especially with that last one...), but it's something along the lines of "law doesn't equal ethics." you can buy a law, but Leges sine moribus vanae ("Laws without morals are useless.")

    It's more like Lex dubia non obligat...

  237. Back To the Issue...Control. by cribcage · · Score: 1

    Let me say that again. CONTROL.

    Starting from left field: The Russian mob makes millions of dollars from so-called "piracy." They produce illegal copies of CDs, DVDs, software, etc., and they sell them on the black market. Some of you may recall this concern being publicized when Nintendo was designing the GameCube; because it caused the design team to shift to a smaller-sized DVD, in order to make bootlegging more difficult.

    Bootlegging is illegal for the same reasons as is "free" P2P. Everyone knows the first reason: Illegal distribution competes with legitimate distribution, and legitimate sales are lost to the black market. But that reason is simply a consequence of the underlying issue, which is often overlooked by those defending P2P: Control. By up- and downloading other artist's music, you are violating that artist's right to control distribution of his own work.

    Y'all say, "Well, everyone knows that increased distribution helps the artist." And in many cases, you're right. But that fact notwithstanding, copyright law assures an artist an absolute right to control distribution. And that's as it should be. If an artist doesn't want to be "helped," he should have that right.

    Any artist's reasons for limiting distribution are, of course, none of your damn business. But just for the sake of argument: An artist has the right to produce only 100 copies of a record, and feel assured that its distribution will not exceed that number. A young musician, in need of a demo, has the right to say, "I only own a cheap eight-track, and one microphone. So I'll dash something off, quickly, and give it to the club owners...but I won't have to worry about anyone else hearing it. I'll have a chance to put my best foot forward, when I decide the time is right." Likewise, an older musician, newly discovering success, has the right to feel assured that the shoddy recording he made in his basement in 1963 won't rear its head in stores and MP3 lists today, and potentially harm his new career.

    J-Live is probably quite happy that his first album, The Best Part, was widely bootlegged and traded. His reputation grew underground, and led directly to his position today: He can tour profitably, he recorded a second album which gained wider distribution, and he even re-released The Best Part. But there's also the mirror image: A young local band sets up in a friend's garage, and walks out with a comically-bad cassette recording of themselves. They scrawl their names on the tape and give it to a friend, who laughs and copies it for a friend...who laughs, and copies it for a friend. Down the line, someone uploads it into KaZaA. Now people on the opposite coast are laughing at a bunch of teenagers who never intended their music for public distribution. Maybe everyone forgets them...or maybe the tape is remembered by a record exec who hears their demo five years later, and he turns them away because of it. Either way, they had the right to control distribution of their music, and that control was violated.

    A third time: CONTROL. The issue is not simply distribution, but control of distribution. You might say, "Well, when an artist releases a recording, he has chosen to distribute it." You're right. But he maintains control over that distribution. If he wants to limit that distribution to 100, or 1,000, he has that right. When he sells a copy to you, he is not relinquishing that control -- he is exercising it.

    You have the right to buy a copy of the new Britney Spears CD. You have the right to burn copies of that CD for your work and car, if you like. You even have the right to burn 20,000 copies of that CD, and stack them in your bedroom, if that happens to be your fetish. But as soon as you hand one of those copies to another person -- literally, or online -- you have become a "distributor." Whether or not you accept money is irrelevant. You have no right to distribute. And that is the issue.


    crib

    --

    Please don't read my journal
  238. Suspicious... by Physics+Dude · · Score: 1
    I recently (couple of months ago) participated in a survey that asked questions about downloading music from the internet. It has questions about how much or how often I downloaded, etc. that sounds suspiciously like the info discussed here.

    I get online to download free music samples and free midi files and additionally have my personal purchased CD collection converted to mp3/ogg for my convenience.

    What was aggravating was that there was ABSOLUTELY NO WAY TO ANSWER THEIR QUESTIONS ACCURATELY! The survey presupposed that ANY downloading from the net was illegal download of copyrighted material! The way the survey was worded, it wasn't possible to get any accurate view of things. I wish I had a reference to link to, but I can't remember the site.

    Has anyone else been a participant in such a survey?

  239. Small Artists by lpret · · Score: 1
    Oh, I think you've hit a great point. Smaller artists are in general much more supportive of P2P sharing of their music. I would think this is because they are closer to the ideal -- they are playing music because they enjoy it and wish to say something.

    Now, obviously the reality of paying bills hits these artists, but I must say, of the last 10 CDs I have most recently bought, 8 of them were of bands who do not have a record label. The other two are drum and bass compilations. Simply because I can become more personal with those artists, I want to support them. This personal touch, married with the artists' desire for sharing, are a major part of bypassing the record companies.

    For what is the purpose of record labels but to spread their music? As technology starts to be more available at home, it becomes easier to do more of the mastering and producing on a home PC. This "home brew" type of recording also helps to identify the group with the "masses". P2P sharing is more than efficient, in fact, it seems that we would have more concern with P2P networks becoming more and more like the record labels.

    --
    This is my digital signature. 10011011001
  240. Fair Use != archiving by Anonymous Coward · · Score: 0

    Fair Use allows for time-shifting, not archiving, giving to friends, or shoving it up your ass, sideways, or faceways. Not my opinion - it is the LAW. Honor it or burn in hell forever.

    1. Re:Fair Use != archiving by Anonymous Coward · · Score: 0

      You may, if the work allow copying, distribute, but few things broadcast or shuttled down cable allows that. All you are permitted to do is time-shift. You are not permitted to distribute, or archive. You do it anyway, but you're already on Kazaa download perv porn and it's not like you're going to care about anything except how hot does it get in hell.

    2. Re:Fair Use != archiving by Ramze · · Score: 1

      geez... Coward. Fair Use allows copying... period. Who hears or views that copy -- whether they are in my house or not, could be distributing, but until they can scan our brains for evidence, they won't be able to enforce it. I don't respect laws that the people don't agree with. (Most Americans don't support the monopolistic RIAA and MPAA and their crummy laws they shove down our throats by bribing politicians). The constitution allows for copyright for owners for a "limited time" , not life + 70 years as it is today & I think it's criminal to even suggest that's fair. As for hell, it only exists in your mind... just like all the other fairytales you've been brainwashed into believing

  241. Re:Christian moral law caused it? *BZZTT*, Try aga by Anonymous Coward · · Score: 0

    very much in sync with Christian moral law?
    If the source of that moral law is the Bible, I see no consistent basis for the prohibition of alcohol... after all, why turn water into wine if no one should drink it?

  242. Re:Adaptation.... Evolution... by TerryAtWork · · Score: 1

    A bit of an exaggeration, but I am pretty sure the unlimited PC will go the way of cocaine in Coca-Cola in 10 years tops.

    Then I'll be part of the digital underground! Whuffies at last! Girls might even talk to me!

    --
    It's Christmas everyday with BitTorrent.
  243. Re:Hello? Anybody home? Think, McFly! Think! by Alphtoo · · Score: 1

    Catbeller, that was an interesting, fairly well-written post. It was also, in a word, bullshit. Anyone who believes this load of tripe must have slept through history in high school, or was just too stupid to get it. You display precisely the sort of thinking which allowed Hitler to do all the damage he did before we came in and put a stop to it. As an old, lifelong pacifist, I'm not saying our government hasn't made some mistakes in the past... it's made plenty. But at this point, are you really blind enough to believe we have a choice? Try to recognize the difference between a "bully" and a person, or country, who is willing to do what has to be done.

  244. Double Standards by moogyboog · · Score: 1

    Maybe this has already been said but why not stop having music stores for music cd's anymore? Seems a very wasteful practice. Back in the late 80's when all the record companies tore all the cardboard packaging off the stocks of cd's to place them in jewel case keepers they wasted tons of cardboard or paper. An industry that has flipped formats at least every decade for the last 30-40 years shouldn't continue to be rewarded for excess. Audio cd's are going the way of the 8 track and DVD is on the way. Why doesn't the music industry work out some deal with the movie industry to rent their entire recorded works across the nation. If i can go down to the store and rent the cd for $2 a disc and maybe some special 5 for $5 for older audio discs i might rent one while looking for a movie to rent. It would certainly free up internet bandwith, though people would still download. You could even create entire album cable music channels for subscription. Why not have a cable channel where you can pay as you go. Say $5 per album...maybe a few extras like the making of the album as a movie?? I'm really tired of the recording industrys complete lack of ingenuity and imagination. Where are the artists pushing the boundaries on how music is presented? Mp3's are great for bringing out lost musics and forgotten treasures. This in turn is educated a vast amount of the public and is it any wonder why people could care less about "modern" music that mostly is created for people aged 12-17? People that have very little knowledge about music overall. Could it be that these kids are finding out how lame and useless popular music is and are finding artists on the edges of the underground or historical dustbin?

  245. Re:Adaptation.... Evolution... by Anonymous Coward · · Score: 0

    Amigo, The first piece of pirate software that you should download is a spell-checker.

  246. Re:Prohibition ? by drinkypoo · · Score: 1
    Drug prohibition has been made possible by the "scheduling" of narcotics. They created a schedule "A" for drugs which should never be used under any circumstances, and then proceeded to put all the fun drugs in it so they could make them as illegal as possible. LSD, MDA, MDMA, THC, most of the fun ones are schedule A which means you need a sooper special federal permit to even use them in pharmacology experiments.

    The reason we aren't able to overturn drug criminalization as we could alcohol prohibition is that the fight on alcohol was only half an attempt to stick it to a particular group or groups (organized crime) and mostly just an attempt to uphold the law. Drug prohibition isn't about taking money away from criminal groups, because if you made just marijuana legal, the amount of money spent on drugs would plummet since any asshole can grow a marijuana plant which will provide tasty smokables. The so-called "war on drugs" (which does look like a war everywhere the US fights it but here, here it just looks like the cops are keeping busy) is purely there to fuel the poverty industry by putting people into the court system (which makes the legal system and its employees money) and then into the prison system (which makes everyone involved money at various levels.) If you think there's anything other than money behind the criminalization of marijuana when cigarettes, quite clearly more dangerous to you and probably to society, are protected by lobbying. Just as big oil has no incentive to promote altfuels, tobacco companies have no incentive to promote marijuana legalization in order to sell the stuff, because anyone can grow and dry it, even if they live in an apartment, which sets it considerably apart from tobacco.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  247. Re:Adaptation.... Evolution... by Anonymous Coward · · Score: 0

    NEWS - April 1, 2006

    Through the Digital Piracy Prevention Act, poor Bobby Smith was sentenced to 45 years in prison without the chance of parole. In his last words before being hauled off to "pound-me-in-the-ass" prison, he said he was sorry and that he never meant to hurt anyone by downloading that song. "I was just trying to get a song for my little sister so I wouldn't have to go buy the $35 album!"

    In other news, rapist Jim Wilson, who has been serving 7 years of his 50 year multiple rape conviction, request for parole has been accepted by the court and will be released.

  248. Re:"Online Privacy" by Anonymous Coward · · Score: 0

    Dude man, it was the fuggin KING, man! Elvis himself. Get yer shit strate!

  249. Re:Hello? Anybody home? Think, McFly! Think! by benzapp · · Score: 1

    In '88, the U.N. attempted to pass a resolution demanding the investigation of Saddam's gas attacks against helpless civilians. The resolution was blocked by -- wait for it.... --- the veto of the U.S. in the Security Council.
    Ironic, eh?


    I don't know why I am posting this since I will no doubt fail to get a response. Why don't you provide the citation for that resolution and an approximate date it was vetoed (or ratified by the GA, or whatever). Then, i will take the train up to the UN myself and pull the document. See, this rogue nation still lets me pay a $1.50 to visit the wonderful UN. Amazing.

    You don't have the citation though, because its complete, utter bullshit! Anyway, good troll.

    --
    I don't read or respond to AC posts
  250. Re: Constitutionality of Prohibition ? by billstewart · · Score: 1
    The US government has Constitutional permission to regulate interstate commerce, and to lay excise taxes on things. At the time the Prohibition amendment was passed, nobody really realized how far those powers could be twisted and abused - this was well before Franklin Roosevelt quasi-nationalized everything and before income taxes were the huge funding source and policy lever that they are today, and Federal courts were generally business-friendly.

    Under the more obvious understandings of what regulation of interstate commerce meant, the Federal government could have banned alcohol transportation between states, but couldn't ban alcohol manufacture or possession outright, or force uncooperative states to ban it, so the Prohibitionist politicians couldn't achieve the Total World Domination they wanted. They probably could have gotten liquor banned in most of the country for a while, but they probably couldn't have gotten it banned everywhere, or as totally as they wanted (e.g. Demon Rum vs. less-demonic beer), and state lawmakers that banned it when that was popular could later unban it any time 51% of them wanted their booze back. The Amendment gave them the power to make the ban "permanent" and enforce it on everybody.

    During the 1930s, the Feds discovered that they could essentially ban things by using excise taxes - first there was the $200 tax on machine guns, which could be 6-12 months' wages for a laborer, and then the Marihuana taxes which were also nearly prohibitionary (but easily evaded), and then the obvious idea that the Feds wouldn't collect the tax or issue receipt stamps, so even if you wanted to pay their extortion you couldn't. And then Roosevelt's takeover of the economy and packing of the Supreme Court let the Feds get away with cases like forbidding a farmer to grow grain on his own land to feed to his own hogs because he'd have otherwise bought that grain on the open market, which is potentially interstate commerce - if you read the Federal drug laws (I think it's Title 10), they start off by asserting that it's difficult to tell where a given batch of drugs comes from, and therefore whether they're involved in Interstate Commerce, and therefore Congress was presuming jurisdiction over all of them. (By the way, that might be a trick that states or cities that want to provide medical marijuana can exploit.)

    And since then the Feds have discovered that they can force states to do almost anything using leverage like cutting off all highway funds or other kinds of revenue-sharing if they don't follow the Feds' orders on a wide variety of topics such as requiring drivers' licenses records to collect Social Security Numbers.

    It'll be a long hard climb out of this hole we're in.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  251. This *could* be it.. not sure. by Beetjebrak · · Score: 1

    1. UN Doc. Sym.: S/20151
    Issuing Body/Session: Issuing Body: S/ Session: 43
    Modtitle: Draft resolution [on chemical weapons use in the conflict between Iran (Islamic Republic of) and Iraq]
    Title: Draft resolution / Germany, Federal Republic of, Italy, Japan and United Kingdom of Great Britain and Northern Ireland.
    Imprint: [New York] : UN, 26 Aug. 1988.
    Description: 2 p.
    Author/Contributors: Germany, Federal Republic of Italy Japan United Kingdom
    Notes: Concerns chemical weapons use in the conflict between Iraq and the Islamic Republic of Iran.
    Subjects: ARMED CONFLICTS IRAN (ISLAMIC REPUBLIC OF) IRAQ CHEMICAL WEAPONS USE CHEMICAL WEAPONS CHEMICALS BIOLOGICAL WEAPONS TOXIC SUBSTANCES EXPORT RESTRICTIONS INTERNATIONAL OBLIGATIONS DISARMAMENT AGREEMENTS INTERNATIONAL LAW Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (1925)

    Agenda Info.:
    Agenda: S/43 Item: [8] - - IRAN (ISLAMIC REPUBLIC OF)--IRAQ -
    Type of Material: Resolutions and decisions (UN) -- Draft B02
    Distribution: GEN
    Location: Dag Hammarskjöld Library
    Collection: UN docs (English)-symbol
    Call No.: S/20151
    Status: Checked In

    --
    Learn from the mistakes of others. There isn't enough time to make them all yourself.
  252. Re:Hello? Anybody home? Think, McFly! Think! by Lord+Kano · · Score: 1

    We have told the world that we don't need the Brits to invade Iraq. Britons are understandably pissed off that even they who have supported us are crap in the eyes of the radical right.

    It is not a matter of Right and Left. I am one of those whom you'd probably see as a part of the so called "radical right" (there is no such thing, but that is another discussion. With a few minor disagreements, I concur with you as it relates to this war.

    When Saddam WAS acting the bully, he was our guy, and we didn't care. When he attacked our oil supply, he became the enemy. But he was always pathetic and helpless against any real enemy. He can't touch us, and has never shown any inclination to commit suicide by doing so.

    To be honest, I don't believe that was it. The US had the opportunity to stop Saddam's invasion of Kuwait before it happened. Saddam was accusing Kuwait of stealing BILLIONS of dollars worth of oil from the oil reserve that lies beneath the border of both countries. He threatened to invade them for months, and the Iraqis were told by April Glaspie (the US ambassador to Iraq) "We have no opinion on your Arab-Arab conflicts, such as your dispute with Kuwait. Secretary [of State James] Baker has directed me to emphasize the instruction ... that Kuwait is not associated with America." I don't believe that this was merely a miscommunication. You don't get to be an ambassador or Cabinet member without a long history of effective and successful communication.

    We have told the world that we will torture if we want to. That the Geneva convention no longer applies to our prisoners.

    To be fair, the US's idea of torture and the Iraqi idea of torture are light years apart. For the US torture is taping someone's eyelids open and exposing him to a strobe light, or tying him to a board and dumping a glass of water on his face a few times per minute. All of that aside, the biggest motivator of prisoners is to offer them passage to the US. "Hey, do you like steak? If you work with us, we can make sure that you get steak twice a week, if not we'll keep you awake for a solid week. Either way, we'll get what we want. The question is what do YOU want?"

    We have told the world that they can go to commie hell if they want us to sign environmental treaties.

    Don't forget that the current administration is ignoring the Salt II treaty with its missile sheild.

    We have told the world we no longer need the U.N.

    We (those of us on the so called 'far right') have been saying that for close to a decade.

    We (Bush) have made it known we will punish economically anyone who opposes us.

    Well, that is fair. In this country we boycott businesses at the drop of a hat. For most of the world, there is no greater motivator than the green stuff.

    He is seemingly oblivious to the fact that our economy, via the money he borrows from abroad to pay for our tax cuts and military expansion, is financed by foreign investors. He thinks he can be a bully, but he is about to learn that he is, in fact, a beggar and a fool who is about to learn that he is NOT God's representive on Earth.


    You are correct, on a small scale economic sanctions work wonderfully, but we are not a rich enough country to threaten the entire the globe.

    I regret that I had to hold my nose and vote for GW in 2000, and even more I regret the fact that I will have to do so again in 2004.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano