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File Sharing Ruled Legal In Spain
stupid_is writes "As a follow-up to a previous discussion a judge in Spain has ruled that under Spanish law a person who downloads music for personal use can not be punished or branded a criminal. This seems to be a teeny bit clearer than the first article, which points out that downloading is a civil, and not criminal, offense for individuals. The Spanish recording industry federation Promusicae is predictably a bit peeved, and says it will appeal against the decision." From the article: "The state prosecutor's office and two music distribution associations had sought a two year sentence against the man, who downloaded songs and then allegedly offered them on a CD through email and chat rooms. However, there was no direct proof he made money from selling the CDs. Justice Minister Juan Fernando Lopéz Aguilar says Spain is drafting a new law to abolish the existing right to private copies of material. Due to different regulatory regimes in Europe, the proceedings against file sharers differ greatly in each country. However, most European judges tend to take a harder stance on file sharing. Twenty two people in Finland were fined €427,000 last week for illegally sharing movies, music, games and software, while courts in Sweden also fined two men who had downloaded movies and music for personal use."
As a record store owner, My business faces ruin. CD sales have dropped through the floor. People aren't buying half as many CDs as they did just a year ago. Revenue is down and costs are up. My store has survived for years, but I now face the prospect of bankruptcy. Every day I ask myself why this is happening.
I bought the store about 12 years ago. It was one of those boutique record stores that sell obscure, independent releases that no-one listens to, not even the people that buy them. I decided that to grow the business I'd need to aim for a different demographic, the family market. My store specialised in family music - stuff that the whole family could listen to. I don't sell sick stuff like Marilyn Manson or cop-killer rap, and I'm proud to have one of the most extensive Christian rock sections that I know of.
The business strategy worked. People flocked to my store, knowing that they (and their children) could safely purchase records without profanity or violent lyrics. Over the years I expanded the business and took on more clean-cut and friendly employees. It took hard work and long hours but I had achieved my dream - owning a profitable business that I had built with my own hands, from the ground up. But now, this dream is turning into a nightmare.
Every day, fewer and fewer customers enter my store to buy fewer and fewer CDs. Why is no one buying CDs? Are people not interested in music? Do people prefer to watch TV, see films, read books? I don't know. But there is one, inescapable truth - Internet piracy is mostly to blame. The statistics speak for themselves - one in three discs world wide is a pirate. On The Internet, you can find and download hundreds of dollars worth of music in just minutes. It has the potential to destroy the music industry, from artists, to record companies to stores like my own. Before you point to the supposed "economic downturn", I'll note that the book store just across from my store is doing great business. Unlike CDs, it's harder to copy books over The Internet.
A week ago, an unpleasant experience with pirates gave me an idea. In my store, I overheard a teenage patron talking to his friend.
"Dude, I'm going to put this CD on the Internet right away."
"Yeah, dude, that's really lete [sic], you'll get lots of respect."
I was fuming. So they were out to destroy the record industry from right under my nose? Fat chance. When they came to the counter to make their purchase, I grabbed the little shit by his shirt. "So...you're going to copy this to your friends over The Internet, punk?" I asked him in my best Clint Eastwood/Dirty Harry voice.
"Uh y-yeh." He mumbled, shocked.
"That's it. What's your name? You're blacklisted. Now take yourself and your little bitch friend out of my store - and don't come back." I barked. Cravenly, they complied and scampered off.
So that's my idea - a national blacklist of pirates. If somebody cannot obey the basic rules of society, then they should be excluded from society. If pirates want to steal from the music industry, then the music industry should exclude them. It's that simple. One strike, and you're out - no reputable record store will allow you to buy another CD. If the pirates can't buy the CDS to begin with, then they won't be able to copy them over The Internet, will they? It's no different to doctors blacklisting drug dealers from buying prescription medicine.
I have just written a letter to the RIAA outlining my proposal. Suing pirates one by one isn't going far enough. Not to mention pirates use the fact that they're being sued to unfairly portray themselves as victims. A national register of pirates would make the problem far easier to deal with. People would be encouraged to give the names of suspected pirates to a hotline, similar to TIPS. Once we know the size of the problem, the police and other law enforcement agencies will be forced to take piracy seriously. They have fought the War on Drugs with skill, so why not the War on Piracy?
This evening, m