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Questions for a P2P Downloading Panel Discussion?

George P. Burdell asks: "On April 5, Georgia Tech's Honor Advisory Council will host a panel discussion between opposing sides of the P2P downloading issue. Among other panel members, a representative from the RIAA has agreed to attend the event. The discussion is intended to raise the level of awareness of students who may think they know all they need to know about the issue. What are some of the pressing questions the tech community has for panel members on both sides of the issue?"

63 comments

  1. To the RIAA: by LouCifer · · Score: 3, Funny

    How's it feel to be a tool for 'the man'?

    How's it feel to work for a conglomerate that sues dead people and old ladies that don't own computers?

    How's it feel to work for a conglomerate that ignores fans of its artists when they beg a record company to release a shelved album so they can buy it instead of having to steal it via P2P?

    I could go on and on.

    --
    Religion is for people afraid of going to hell.
  2. RIAA rep by AtariAmarok · · Score: 0
    "Among other panel members, a representative from the RIAA has agreed to attend the event"

    ...and the other panel members will expect RIAA subpeonas within days after the conference.

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:RIAA rep by Anonymous Coward · · Score: 0

      Here's a good question for the RIAA man:

      As a representitive of the music facet of the organized entertainment cartel of America, why do you believe you have the right to sit on a panel where the legal ramifications of file trading are being discussed?

      The realm of this matter is entirely encompassed in the legal and technical domains; there's no entertainment facet to this. A serious discussion of this matter requires knowledge of the law and/or knowledge of the technology involved. If you have neither of those, then you're unfit to speak. If you have no knowledge on these matters other than what you've read in a company position report, then you have no fitness to speak on this matter.

      Likewise, anyone that doesn't understand that the Internet is a generic platform that can be shaped to do anything, and that the strengths of that platform are standardization and wide availability is unfit to speak on this matter.

      Frankly, for the RIAA to achieve its aims, the generic nature of computers, the generic nature of the Internet, and the standardization will all have to be destroyed. Wide availability is one of the RIAA's goals, as long as its on their terms.

      Remember: the RIAA represents an industry that is neither technological or legal in nature. They also represent an industry whose primary goal is profit. Anything they get their way in this matter will by definition negatively affect anyone who isn't them. Also remember that nobody needs the RIAA's permission to do anything. Including them in this panel or in anything else related to the Internet is a step in their direction, and a step away from everybody else's.

  3. You are already a tool of the RIAA by AtariAmarok · · Score: 2, Insightful
    "shelved album so they can buy it instead of having to steal it via P2P?"

    Sounds like one tool talking to another, if you have bought into the ludicrous claim that it is possible to STEAL just by engaging in possible copyright infringement. They've won you over if you are already using RIAA-speak.

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:You are already a tool of the RIAA by Anonymous Coward · · Score: 0

      Sounds like one tool talking to another, if you have bought into the ludicrous claim that it is possible to STEAL just by engaging in possible copyright infringement. They've won you over if you are already using RIAA-speak.

      Sounds more like a fool trying to reason his existance for all his illegal music files.

      Sure, there are plenty of legal uses for P2P apps (I've personally downloaded legit files as torrents) but out-right THEFT of content via P2P (such as that cited by the OP) is just that: THEFT, regardless of what you or theieves like you would have others believe.

      It's not copyright infringement, its CONTENT THEFT.

    2. Re:You are already a tool of the RIAA by GeckoX · · Score: 1

      It's you again isn't it?

      How many of these obvious flames are you going to post as AC here?

      Wait a second, Hillary, is that actually you in person? Wow, I'd have expected some minimum wage flunkie for sure, but the queen bitch herself?

      You're starting to sound a wee bit desperate.

      --
      No Comment.
  4. Opposing Sides by lbmouse · · Score: 1

    "opposing sides of the P2P downloading issue"

    The MPAA/RIAA and everyone else.

    1. Re:Opposing Sides by Anonymous Coward · · Score: 0

      You meant:

      The law and everyone else.

      I'm glad I could clear this up for you.

  5. Not a good idea by turtled · · Score: 1

    "a representative from the RIAA has agreed to attend the event"
    So he can see what's "hip" in colleges and file a lawsuit to follow.

    --
    "I cannot think of any need in childhood as strong as the need for a father's protection." -- Sigmund Freud
    1. Re:Not a good idea by crummynz · · Score: 1

      Receive a free lawsuit at the door! While supplies last!

      --
      ~ Crummy
  6. Question for RIAA by justanyone · · Score: 4, Interesting

    For the RIAA:

    It would seem that all information-based, intellectual property (IP) business models depend on either:
    A. Being able to control the distribution medium;
    B. Introducing risks or rewards that make payment preferable to nonpayment.

    Option A seems to be doomed once the intellectual property is digitally transferrable in its entirity in a manageable size across the internet.

    If intellectual property owners can divide the IP into a transferrable part and a non-transferrable part (like any Application Service Provider does), they can still succeed.

    Option B includes the use of enforcement, which has a huge public relations downside. But, it can also dictate another pricing model. If there is a quality/reliability difference between acquiring a dataset (IP product) from a random location vs. getting it from a known good source, the consumer will prefer the better cost/benefit.

    Isn't it safer to just acknowledge option B is the more sustainable option and pursue lower prices in a higher quality format?

  7. Social Parriah. by Anonymous Coward · · Score: 0

    "What are some of the pressing questions the tech community has for panel members on both sides of the issue?"

    What social changes have their been to bring about the present state of affairs, and what can be done to change the situation to either sides satisfaction?

    How do you feel about the present disconnect between the reality of content production, and the public's perception of how it's being produced?

    Do artists feel disconnected from their fans, and what they want? Do fans feel they don't understand their artist?

  8. Go Tech! by bpb213 · · Score: 2, Interesting

    As a Tech Alum, I must say it is nice to see my school taking on these issues.

    However, I have a question for the panel, and the submission form seems to 404 on me.

    While I was attending Tech, (only last year), Tech took a stance that it was an ISP, and thus not responsible for filtering the internet. How will a policy on P2P usage effect this stance?

    --

    This .sig looking for creative and witty saying.
  9. Ethics/Morality by BigZaphod · · Score: 2, Interesting

    What are the moral and ethical considerations for using and developing peer to peer software? Is it any different from any other software?

    1. Re:Ethics/Morality by GeckoX · · Score: 1

      They're freaking tools, there are no morals involved.

      Morals are involved with the use and application of tools.

      It's quite obvious that our society is seriously messed up when this is a heavily debatable issue.

      --
      No Comment.
    2. Re:Ethics/Morality by BigZaphod · · Score: 1

      Yes there are. There are always such issues. Even for tools. What if you created a tool that's sole purpose was to assist with suicide? That's just a tool, after all. Are there no moral or ethical issues associated with it? If there are with that and not with p2p, then what's so different? Is it just because someone may die? What about tools designed to help a pickpocket do his job?

      You have to admit that the majority of users of p2p software are engaged in activities that are currently considered illegal. Does that not affect the ethics of producing such software? You can claim you are developing it for noble or innocent means until you are blue in the face but it doesn't change the fact that you are knowingly developing tools that will primarily be used to break the law.

      Since you yourself state that "morals are involved with the use and application of tools," and you are knowingly producing tools that will mostly be used for illegal activities, then how are there NOT moral and ethical issues to deal with? Just because you yourself may not use your own tools to such ends does not mean that you aren't in some small way responsible for those that do use your tool for ill means.

      If Bob comes to you and asks to borrow your gun because Ted down the street is bugging him, and you let him take your gun, are you blameless when Bob gets arrested for murder and your gun is implicated in the crime? After all, a gun is just a tool. Who cares if you knew he might use it to kill someone or not. You're not to blame. You didn't pull the trigger. You didn't encourage Bob to do it. You didn't even witness it. Of course, you did nothing to stop it, either. Still, legally, you didn't commit murder.

      I think it is important to make a distinction here between ethical and moral issues and law. They aren't the same thing. I am very much of the opinion that p2p software should not be illegal or regulated as the choice to be unethical or immoral is not up to the government or even the people at large--it is a personal choice. So don't go thinking that just because I'm interested in the moral and ethical considerations of p2p software that I'm somehow advocating that it be banned or not used. That is FAR from the case.

    3. Re:Ethics/Morality by GeckoX · · Score: 1

      You are talking about the morality involved in creating a tool that could be used for immoral uses. I was talking about the tool itself. There is an important difference here. A stone can be a tool. It could be used to hammer a nail into a piece of wood, or to bludgeon someone with. The tool here has no morality associated with it.

      Now lets look at the gun briefly: It could easily be debated whether the creator of the first gun had just morals or not. Same with all users of guns since. However, since the gun does in fact now exist, is it's very existence immoral? Or is it just a tool to be used?

      Lets make this sane again and bring it back around to the topic at hand: P2P exists, it is a tool. Can it really be legitimately argued that that tool itself should be illegal because it _can_ be used for illegal purposes?

      Not to make things too grey, but to bring this really into reality, why are we even discussing the legality of P2P when Guns are legal? Guns have only one purpose: To kill. Morally, most would agree, this is wrong no matter what. Yet there it is. Guns are legal. On the other hand P2P has many many legitimate uses. P2P tools might not be legal for long.

      --
      No Comment.
    4. Re:Ethics/Morality by Thing+1 · · Score: 1
      Furthermore, how can it be a crime to not deprive someone of something? If making copies is a crime, then we should do away with VCRs, cameras, photocopiers, scanners, and the like.

      I'm not hurting anyone else when I copy something to enrich my life. I'm only benefitting the universe--more abundance with less expense. Taking a picture so memories last longer, recording a concert, sharing MP3s and movies with friends, making CDs for the car, copying books, music, movies, and cars (in less than 20 years)--all these things have no victim!

      --
      I feel fantastic, and I'm still alive.
  10. industry is fucked by SB5 · · Score: 1

    My only statement would be.... "The cat is out of the bag, the industry has changed whether the industry in control wants to admit it or if they rather scream, whine, and sue grandmothers over it, well thats their decision. The very definition of progress is change itself. This is a change the consumers are quite happy with and the industry because they find they can't be as profitible as before. Which they could be, if they pulled their heads from their money leaking asses. Hell, I myself could think of a couple ways of still making money off the consumers."

    --
    If what you are reading sounds funny, or sarcastic, lame, or stupid
    it is because it is supposed to be. just laugh
  11. To the MPAA/RIAA by theblueprint · · Score: 1
    Have you considered alternate methods of sale? For example, selling time to advertisers so that their ads can play while the album is downloaded for free? You could target demographics by the style of music/artist. I imagine that ads that could be viewed when the new 50Cent became available would have been a hot property.

    You do realize that whatever price point you settle on, people are going to continue to pirate unless it's free?

    --
    "from the bricks to the booth...I predict the future like Cleo the psychic..."
  12. Re:My questions... by Anonymous Coward · · Score: 0

    1. Do you honestly think the entire P2P issue is completely about copyright issues and has nothing to do with any other subjects at all?

    2. Are you retarded?

    3. Are you stupid?

    4. Are you on drugs?

    5. Would you feel the same way if someone reminded you that P2P has issues in commerce, business, technology, and that there are a great deal of perfectly legal uses for P2P?

    6. Think about it. Would you really?

    7. Do you think that I am stupid?

    8. Are you on drugs?

    9. Will you ever grow up?

    10. Are we done here?

  13. P2P as a tool by Anonymous Coward · · Score: 1, Insightful

    What's your position on P2P as a content-neutral technology? Traditional protocols such as HTTP and FTP can also be used to commit copyright infringement.

    Do you think that there is a qualitative difference between the two types of technology, and if so, what is that difference?

    Do you think that the difference is in marketing, and if so, why do you brand all P2P as bad?

    Do you think that the difference is in how easy things like Kazaa make it to commit copyright infringement, and would you declare war on HTTP if Apache was easier to set up?

    1. Re:P2P as a tool by jcromartie · · Score: 0

      P2P isn't a content-neutral technology. What percentage of P2P traffic do you suppose is legal?

  14. Why Attack the Messenger? by GeckoX · · Score: 1

    Why must you constantly attack the messenger when it's the messages that are the problem?

    In this case, P2P channels are the messenger, and whatever content is being sent over those channels are the messages.

    Let me give a brief analogy to the current situation: I propose that Bell and all the worlds Telcos MUST be shut down IMMEDIATELY because they allow conspiracy's to commit crime. If criminals couldn't talk over a phone, there would be no crime.

    Now, as a further thought process, lets pretend all P2P channels have successfully been stopped, and all telephone communications have successfully been stopped.

    Are you really going to sit there and suggest that the problems of piracy and crime will disappear?

    Now for another followup question:
    Why do you believe that we should pay you exorbitant amounts of money when you are just going to keep most of it, and do absolutely nothing for me in return other than treat me like a potential criminal?

    --
    No Comment.
  15. Vexing question re p2p use... by Black+Parrot · · Score: 2, Funny


    "Barely Legal" or "MET-Art"?

    --
    Sheesh, evil *and* a jerk. -- Jade
  16. industry is fucked-Consumer lube. by Anonymous Coward · · Score: 0

    "The very definition of progress is change itself."

    Those living next to Mount Saint Helens wouldn't agree.

    1. Re:industry is fucked-Consumer lube. by gothzilla · · Score: 1

      The volcano is making great progress. Human ego just refuses to see it that way and instead goes "OMG my house that I built near a volcano just burned up!"

  17. Waste of time by Dark+Coder · · Score: 1
    Until the RIAA (and their industry counterparts) fully recognized the axiom:


    Be liberal in what you receive and conservative in what you send


    And then devise a business model around this axion, the panel is a wasting our time.
  18. Tool Fool. by Anonymous Coward · · Score: 0

    "Sounds like one tool talking to another, if you have bought into the ludicrous claim that it is possible to STEAL just by engaging in possible copyright infringement."

    This "ludicrous" claim has already been addressed before, multiple times since copyright was first discussed on Slashdot. However since this forum is purely for venting, and not actual enlightenment. You may have missed all the discussions occuring at various levels, that just may (doubtful) change your mind.

    ---
    Slashdot is to the Internet what Tabloids are to journalism.

  19. Opposing Sides-"I just can't help myself". by Anonymous Coward · · Score: 0

    More like "the weak-willed" verses the content-providers.

  20. To the MPAA/RIAA-Knife edge. by Anonymous Coward · · Score: 0

    "Have you considered alternate methods of sale? For example, selling time to advertisers so that their ads can play while the album is downloaded for free? You could target demographics by the style of music/artist. I imagine that ads that could be viewed when the new 50Cent became available would have been a hot property."

    FireFox's AdBlock.

    "You do realize that whatever price point you settle on, people are going to continue to pirate unless it's free?"

    Considering there's a large portion (growing larger) that'll never live up to their potential.

    Content providers have two choices:

    Strike a gradually sliding downward point that balances the losses from the unethical, verses the gains from the ethical.

    Go out of business were the ethical and the unethical both lose.

  21. P2P as a tool-for other "tools". by Anonymous Coward · · Score: 0

    "What's your position on P2P as a content-neutral technology? "

    The fact that there's "identity and content obscuring" varients of P2P technology, moves (some of) it from the "content-neutral" catagory, to "content-aware" catagory.

    "Traditional protocols such as HTTP and FTP can also be used to commit copyright infringement."

    Neither "by design" tries to hide both "identity and content".

    "Do you think that there is a qualitative difference between the two types of technology, and if so, what is that difference?"

    The attempts to hide "identity and content" have a negative impact on the user experience.

  22. Get the terms straight, for starters. by Myself · · Score: 1

    It seems to me the issue isn't downloading. It's uploading! The people getting sued are the ones sharing the art, not the ones leeching it.

    Ask the panel to clarify their personal feelings on where the misdeed, if there is one, is committed. Is it the giver or the taker? If it's the giver, what about accidentally open shared folders? Can you have a crime without intent?

    Ask the members of the panel (the ones who download music, anyway) whether they prefer to get a whole album, or just the one or two "hit singles" that're worth listening to.

    I think part of the problem, the reason people feel "justified" in copying music, is that the albums suck. There's one decent song on an album, and I won't buy a $12 CD for one song. But the albums don't actually suck! If I listened to it myself, having never heard the band on the radio, I might conclude that 4 or 5 songs were enjoyable, and thus the album had been worth the money.

    The music industry discourages this, however. They pick one song from an album, and pay radio stations to play it until my ears fall off. By cultivating one-hit wonders, they force the buying public to feel that the rest of the album wasn't as good, or else it would've gotten radio play, right?

    By giving artists more time to work on a truly interesting record, and playing the entire thing on the radio, they'd alleviate some of the overfocused "single" problem which makes consumers feel ripped off. A satisfied audience will gladly spend money on a product they feel is worth it.

    In the online distribution channels, try this: If a song goes for $1, then make any additional songs from the same album $0.10 or so. Pretty soon, the listener has a fuller picture of the artist's work, and is more likely to buy things like concert tickets. Because really, who enjoys a concert where the band spends an hour playing music nobody except the diehard fans knows, then plays their one hit song? Feeling loyal to a band sells tickets.

    1. Re:Get the terms straight, for starters. by Kz · · Score: 1
      and is more likely to buy things like concert tickets.

      but the RIAA doesn't get money from concert (yet); so they're not interested in promoting the artist, just the discs have value for them.
      --
      -Kz-
  23. Why Attack the Messenger?-A "salting" the server. by Anonymous Coward · · Score: 0

    " Why must you constantly attack the messenger when it's the messages that are the problem?"

    Do you know of a way to divorce the messages from the messenger? Especially a "messenger" explicitly designed to prevent any kind of seperation from the message.

    "Are you really going to sit there and suggest that the problems of piracy and crime will disappear?"

    As an analogy I propse that all legal structures be shut down because they don't stop all crime.

    Or I propose that since one can't stop crimminals from breaking into computers, all security measures should be abandoned.

    Now do you see the fallacy of your position?

    "Why do you believe that we should pay you exorbitant amounts of money when you are just going to keep most of it, and do absolutely nothing for me in return other than treat me like a potential criminal?"

    I have a better question. Why are you benefiting from the product (either by buying, or securing by other means) if you don't like the system that creates that content?*

    *There's also something else people are forgetting here. If "moral outrage" is the justificaion for piracy against the MPAA/RIAA? Then how do you explain the much wider problem of piracy against game companies, "dead tree" publishers, and even web-sites. How about "counterfeit" goods?

    Will anyone ever admit that the problem is much bigger than just "MPAA/RIAA" and is a general collapse of societies moral, and ethical structures?

  24. When will the industry... by jcromartie · · Score: 0

    Begin to promote the best artists, instead of the most easily digested?

  25. Go Tech!-TOS. by Anonymous Coward · · Score: 0

    "While I was attending Tech, (only last year), Tech took a stance that it was an ISP, and thus not responsible for filtering the internet. How will a policy on P2P usage effect this stance?"

    They can take the same stance that most ISP's will. P2P usage is affecting the quality of the network for others.* The "Australian" story bolsters the point.

    *Basically your rights to run a P2P network, end at my "nose" as it were.

  26. It is impossible to steal using p2p by AtariAmarok · · Score: 2, Insightful
    "Sounds more like a fool trying to reason his existance for all his illegal music files"

    There is no logic to that. Pointing out the fact that one illegal situation is not another illegal situation is not a justification for one of the illegal situations. If someone objects when you call a rape a murder, do you say that they are trying to justify the rape? Same thing.

    "but out-right THEFT of content via P2P (such as that cited by the OP) is just that: THEFT" "It's not copyright infringement, its CONTENT THEFT"

    Theft requires a taking. If you copy something, and leave the original still sitting there, the taking requirement is not met.

    Unless p2p systems DELETE the originals when/after they are copied, they just can't be theft. Come back if you ever find a p2p system that involves theft.

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:It is impossible to steal using p2p by Anonymous Coward · · Score: 0

      Theft requires a taking. If you copy something, and leave the original still sitting there, the taking requirement is not met.

      Unless p2p systems DELETE the originals when/after they are copied, they just can't be theft. Come back if you ever find a p2p system that involves theft.


      I call bullshit.

      Let's change the copy item from music to artwork or dollars.

      If you counterfeit either of these but leave both of the original intact, you're still de-valuing the originals and still stealing in the eyes of the government.

      I'm no fan of the **AA. I'd like to see the drawn and quarted as much as the next guy, but your argument is a straw man. Plain and simple.

    2. Re:It is impossible to steal using p2p by AtariAmarok · · Score: 1
      "If you counterfeit either of these but leave both of the original intact, you're still de-valuing the originals and still stealing in the eyes of the government"

      Only if you actually stole the "Mona Lisa" in order to make the exact copy. The government crime codes make a distinction between counterfeit and theft. One certainly is not the other "in the eyes of the government". Have you ever bothered to look at lists of laws and crimes?

      "but your argument is a straw man. Plain and simple."

      I'm just pointing out the fact that just because something is illegal, that does not mean it is theft. You probably do not know what "straw man" means in this contect.

      "If you counterfeit either of these but leave both of the original intact, you're still de-valuing the originals..."

      Besides, you did not even think your analogy through. When someone copies music through p2p, they don't go around claiming that the copy is the original. Likewise, there are countless copies of the Mona Lisa in print and other forms, and they do not claim to be the original. That printed copy in your art textbook might devalue the original, however: you don't have to go to the Louvre to see what it looks like now. The limb of "devaluing" has nothong to do with the theft subject. It's a red herring.

      --
      Don't blame Durga. I voted for Centauri.
    3. Re:It is impossible to steal using p2p by Anonymous Coward · · Score: 0

      The federal government gets its panties in a knot anytime anyone makes an image that remotely resembles anything that looks like currency, regardless of its size or color. I recall readiing about how they went after an artist who'd painted a 10' mural of whoever's on the $50 bill (name escapes me at the moment). The artist made no attempt at representing this as the original. They shit themselves regardless.

      The Mona Lisa's a bad example. The crap that most of the RIAA-bound artists are churning out (face it, with the exception of the indys, they're all RIAA artists) ain't no Mona Lisa-level artwork.

  27. Re:Why Attack the Messenger?-A "salting" the serve by GeckoX · · Score: 1
    Wow, quite the troll there AC.

    Where to start...even though I shouldn't I know...


    Do you know of a way to divorce the messages from the messenger? Especially a "messenger" explicitly designed to prevent any kind of seperation from the message.


    The messages in question here have been around for one hell of a lot longer than the messenger in question. Also, there are at this point in time numerous differing messenger options for said messages. You are obviously on crack.


    As an analogy I propse that all legal structures be shut down because they don't stop all crime.

    Or I propose that since one can't stop crimminals from breaking into computers, all security measures should be abandoned.

    Now do you see the fallacy of your position?


    Back to earth my friend, I wasn't discussing legal structures at all. Care to try again? I also wasn't arguing any position, I'm asking for other parties to first explain their position, and then defend it.


    *There's also something else people are forgetting here. If "moral outrage" is the justificaion for piracy against the MPAA/RIAA? Then how do you explain the much wider problem of piracy against game companies, "dead tree" publishers, and even web-sites. How about "counterfeit" goods?

    Will anyone ever admit that the problem is much bigger than just "MPAA/RIAA" and is a general collapse of societies moral, and ethical structures?


    Again, what does the 'thing' have to do with the 'system'. Fuck damned man. You HAVE to work for the RIAA or something don't you? Just because I choose to like a particular artist, and want to support that artist, I'm obliged to like all systems involved? To get specific here, just what the FUCK does the RIAA have to do with the music that a given artist creates?

    See, I know you must work for the RIAA because you a) Assume me to be immediately guilty of theft and then b) use contrived circular logic to show that I was actually stealing from you.

    Now, if you'd like to try again while keeping the content issue separate from the communication issue then go ahead, but until then I have to say kindly fuck off.

    --
    No Comment.
  28. Think as i think. by Anonymous Coward · · Score: 0

    "It seems to me the issue isn't downloading. It's uploading! The people getting sued are the ones sharing the art, not the ones leeching it."

    Read this next time you have an ethical question.

    "I think part of the problem, the reason people feel "justified" in copying music, is that the albums suck. There's one decent song on an album, and I won't buy a $12 CD for one song. But the albums don't actually suck! If I listened to it myself, having never heard the band on the radio, I might conclude that 4 or 5 songs were enjoyable, and thus the album had been worth the money."

    Well aside from the "weakness" of the "it sucks" (especially when one can go to a P2P site and prove that it doesn't suck) position. A part of life is the "experience of discovery". Not all experiences will be positive, and that's just a part of life. But you may also discover that indeed that following song just tickles your fancy.

  29. It is impossible to [play games] using p2p by Anonymous Coward · · Score: 0

    "Theft requires a taking. If you copy something, and leave the original still sitting there, the taking requirement is not met."

    I'm not the original AC, but your argument is specious. If you think that you haven't taken anything then a file consisting of nothing but one's should satisfy you then?

  30. Not specious, but.... by AtariAmarok · · Score: 1
    It is not specious. Rather, it looks to the definition of terms: there is clearly no taking involved.

    "If you think that you haven't taken anything then a file consisting of nothing but one's should satisfy you then?"

    The poor state of the copied file is not at question here. The persisting presence of the original is what negates theft.

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:Not specious, but.... by VernonNemitz · · Score: 1

      Somebody seems to be forgetting the definition of "copyright", as in "the right to make copies". To the extent you know that that right belongs to the artist and to those granted permission by the artist, then that is the extent to which you know whether or not you have that permission. "Theft" may be the wrong word for violating permissions, but the activity is still a "violation" that is inappropriate.

      On another subject altogether, and referring back to the original Article, what about asking RIAA and MPAA if their attempts to clamp down on P2P is actually a thinly disguised effort to prevent "outside" artists, not controlled by RIAA or MPAA, from distributing their own works? Anti-trust laws need to be applied here!

    2. Re:Not specious, but.... by Rysc · · Score: 1

      "Theft" may be the wrong word for violating permissions, but the activity is still a "violation" that is inappropriate.

      Yes, it is. The correct term is "Copyright infringement," just as the OP stated.

      --
      I want my Cowboyneal
    3. Re:Not specious, but.... by Chess_the_cat · · Score: 1
      The poor state of the copied file is not at question here. The persisting presence of the original is what negates theft.

      By your logic counterfeiting cash is legal.

      --
      Support the First Amendment. Read at -1
  31. Question by abrotman · · Score: 3, Interesting

    Can I legally download music that I already own? For example I own the song in one of record,tape,CD, and if so, may I legally download a version of this song from a P2P network or some other source.
    I have never been able to get a real good answer from anyone regarding this. I own hundreds of tapes and a decent number of vinyl recordings. Haven't I already obtained my fair use rights by purchasing the album in one of those formats? Why should I, as a consumer, be forced to pay again for something I already own, if all I want is to be able to listen to it on my computer. And if not, could the industry somehow be persuaded to allow me to "trade in" my older copy with credit towards a CD of the same album? I feel it's kind of rediculous to pay full price for the same album in vinyl,tape, and CD(and whatever the next medium is), especially when I have boxes of cassettes/records/CDs.

    1. Re:Question by LouCifer · · Score: 1

      I can answer this for you.

      No.

      In the eyes of the **AA there is no 'fair use'

      Yes, you're gonna have to buy it again.

      And again.

      And again.

      In every medium they come up with.

      --
      Religion is for people afraid of going to hell.
    2. Re:Question by gothzilla · · Score: 1

      Cassette tapes had a fee put on them specifically because people made copies of their music on them and shared them. If I'm not mistaken, this was the compromise between banning cassettes and simply allowing copyright infringement. You can put your music from whatever format onto cassette all you want because you've paid the fee. This is part of why there has been a push to put a similar fee on blank cd's The problem is that while cassettes were rarely used for data, blank cd's are often used for data and makes a similar fee "unfair." The RIAA/MPAA have done a good job brainwashing people into believing they do not have any fair use rights and into believing that any copying in any form is illegal.

      http://www.eff.org/cafe/gross1.html
      Do I have the right to make a copy of my CD for my own personal use?
      Yes. The fair use doctrine allows an individual to make a copy of their lawfully obtained copyrighted work for their own personal use. Allowing people to make a copy of copyrighted music for their personal use provides for enhanced consumer convenience through legitimate and lawful copying. It can also enlarge the exploitable market for the rights holders. The fair use privilege's personal use right is what allows an individual to make a backup copy of their computer software as an essential defense against future media failure.

      Personal use also permits music fans to make "mix tapes" or compilations of their favorite songs from their own personal music collection or the radio for their own personal enjoyment in a more convenient format, or "format shifting." Another example of acceptable personal use copying of a copyrighted work is "time-shifting," or the recording of a copyrighted program to enjoy at a later and more convenient time.

      As new media present new ways for people to enjoy music, the public's fair use rights accompany them into the electronic frontier. Now, music fans have the right and ability to copy their own music collection onto their own computer storage device and create customized play lists for their own personal use and enjoyment of their music.

      It is important to note that while consumers have the right to listen to their own music collection for their own personal use, they do not have the right, however, to make their music collections available to others by uploading them onto the Internet for public downloading.

    3. Re:Question by LouCifer · · Score: 1

      Correct, however, this does not give us the right to download music that we already own in a new medium.

      IOW, just because I own several albums on vinyl and tape doesn't mean I can go and get them in MP3 format legally anywhere. Don't get me wrong, I'd love to.

      Hell, I've got 100+ cassettes that I'd love to have in digital format so I can make my own mix CDs without having to dump them to my HDD as poor quality WAVs first and feebly attempt to clean them up.

      The alternatives are to re-purchase them either at a used CD store, buy them full-price somewhere (providing they're available), pray that the RIAA will allow people like me to get them free or at low cost (yeah, riiiiiight) or to leech them via P2P.

      --
      Religion is for people afraid of going to hell.
    4. Re:Question by gothzilla · · Score: 1

      Awesome coincidence...but did you see one of the ads at the top of slashdot?

      http://www.thinkgeek.com/computing/drives/6908/
      Cassette mp3 ripper.

    5. Re:Question by jcromartie · · Score: 0

      Or you can rip it from the original medium to another... unless I just don't get it.

    6. Re:Question by LouCifer · · Score: 1

      Heh. 'Fraid not! I have ads disabled via Mike's Ad-blocking Hosts file. But I've seen something like it before.

      The point's to spend less money, but thanks for the link nonetheless! ;)

      --
      Religion is for people afraid of going to hell.
    7. Re:Question by gothzilla · · Score: 1

      Nice link. Thanks. I'd post another but then this thread would be way out of hand.

  32. public domain by hankaholic · · Score: 1

    To me, the idea of copywritten works becoming public property after a limited period of time means that the authors and pushishers of useful work could benefit enough to compensate them for the time they spent creating the works.

    The public would also benefit, as useful works would become public property, allowing others to build on them. This is the basis of scientific advancement, as a discovery often leads to more discoveries, but only if the initial work can be used as a foundation for later efforts. Instead of being forced to replicate previous work, science can focus their efforts more productively on bridging the gap between what has been produced and what hasn't.

    In order to allow authors and inventors to receive benefit from their labors and also "[t]o promote the Progress of Science and useful Arts" by allowing derivative efforts, Article I, Section 8 of the U.S. Constitution allows Congress to secure "for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

    Society benefits when originators of new work receive just compensation; this is incentive for others to similarly create useful works. It also benefits when those creating new works can draw from a wider body of knowledge, as would be created by allowing more works to enter the public domain.

    Does the side siding against sharing works through P2P feel that the length of copyright terms is optimal? In other words, does the current copyright term, which extends 70 years beyond the author's own ability to benefit from their own works, represent the best balance between compensating creators for their efforts and the public's right to use works as the basis for future progress?

    --
    Somebody get that guy an ambulance!
  33. Re:Why Attack the Messenger?-A "salting" the serve by jcromartie · · Score: 0
    "Just because I choose to like a particular artist, and want to support that artist, I'm obliged to like all systems involved?"

    Well, for starters you can feel obliged to PAY for that artist's work.

    See, I know you must work for the RIAA because you a) Assume me to be immediately guilty of theft and then b) use contrived circular logic to show that I was actually stealing from you.

    See, I know you must be retarded, because you're defending P2P while getting quite upset at even the slightest suggestion that you pirate materials using it. The two things go together. Do you honestly think people use P2P for anything but piracy? In response to your first post: 99.9% of telephone traffic is legal. 99.9% of P2P traffic is illegal. Deal with it smacktard.

  34. Re:Why Attack the Messenger?-A "salting" the serve by GeckoX · · Score: 1

    You have now stooped to directly accusing me of theft. (Not to mention name calling)

    I honestly know, because it is a fact, that P2P can, and is, used for things other than piracy. I've never pirated ANYTHING using P2P, and yet I do occasionally use P2P, fuck you very much.

    I do pay artists for their work, quite regularly actually. I purchase artistic works in many different formats from many different channels. I do use P2P on occasion. I have never used it illegally.
    I am thus quite insulted.

    You spout a lot of hearsay, but no facts and sources. Based on that I am to accept that all of a sudden I am a criminal? Wow.

    Kindly take a long walk off a short pier, you'd be doing all of society a big favor.

    --
    No Comment.
  35. Will you be using assumed names? by nurb432 · · Score: 1

    Seriously, i would be afraid if the RIAA was to show up.

    THey are liable to take license plate numbers and track you down.

    They arent known for playing fair, so why would they start today?

    --
    ---- Booth was a patriot ----
  36. Re:Why Attack the Messenger?-A "salting" the serve by jcromartie · · Score: 0

    Aside from downloading software via BitTorrent (possibly the only P2P system that approaches some degree of significant legal use), what legal uses for P2P have you found? I'm sorry if I've insulted you, but I just have a hard time believing that there are legitimate uses for classic P2P networks like Gnutella.