Author Topic: Illegal Downloading of Music
anidanami124 
Registered: Aug '02
47295_2008 NFL Playoffs
Date Posted: 7/22/07 12:19pm Subject: RE: Illegal Downloading of Music - Date Edited: 7/22/07 12:21pm (1 edits total) Edited By: anidanami124
OptimusPrime-- posted:
As expected, i'm seeing people trying to make loopholes in the rules.

It's the same with any other crime. If someone can find a loophole in the law they will use it. I'm not that type of person. I try to just stick with doing everything the legal way because I always seem to be the one getting caught doing these things... tongue


That's great and all but you are missing a great number of things. First the music industry is the whole world and in that world there are many bands that are on very small labels or no labels at all. For those bands to even get fans downloading, Youtube, and Myspace have been a great help.

The big wigs are the ones up in arms many of the times becuse ever time one of there pop, rap, nu-metal, and emo stars does not sell a million CD's they blame it on downloading, or Youtube, or whatever they want to blame it on. Instead they should look right in the mirror at themselves.

Just because a band like Fall out Boy, or a signer like Christina Aguilera don't sell millions of CD's a release does not mean it was because of downloading. It may and this will be shock that people no longer like there music and have moved on to people who care more about the music then about $$$$.

Besides at the end of the day when you close down those places you make it really hard of unsigened bands to get there work out to the people. I really want to start a band but with so many people going after places like Youtube, myspace, etc I don't really know if that would even be a good idea. Beside that kind of music I would be playing would not be sellable in the US/Canada market and those two countrys are really hard to break into because of the big companys contraling what can and can not be played on the radio.

Heck if not for the places like that I would not know about 98% of the bands I like. Yes I go out and by all there CD's. But before I go out and by there music I would like to know what I'm getting and at times you can't always listen to there music on there website if they even have a website.

 

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PressRedForFreakMode 
Registered: Apr '06
19662_Nightsister
Date Posted: 7/22/07 12:32pm Subject: RE: Illegal Downloading of Music
I have a similar opinion.
I use downloading for a couple of songs of an artist, usually an artist i've not heard of, because i'm not big on commercialism, and if i like those songs, I usually buy the album, or stick with what I have. If i like them that much, I will go to their concerts.

i don't think it's possible, realistically, for an artist/band to 'burn out' because of illegally downloading. A lot of bands nowadays are changing their styles. Funeral For A Friend are a good example, and I refuse to buy their new album. I simply don't like their work anymore.

 

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anidanami124 
Registered: Aug '02
47295_2008 NFL Playoffs
Date Posted: 7/22/07 12:35pm Subject: RE: Illegal Downloading of Music - Date Edited: 7/22/07 12:38pm (1 edits total) Edited By: anidanami124
PressRedForFreakMode posted:
I have a similar opinion.
I use downloading for a couple of songs of an artist, usually an artist i've not heard of, because i'm not big on commercialism, and if i like those songs, I usually buy the album, or stick with what I have. If i like them that much, I will go to their concerts.

i don't think it's possible, realistically, for an artist/band to 'burn out' because of illegally downloading. A lot of bands nowadays are changing their styles. Funeral For A Friend are a good example, and I refuse to buy their new album. I simply don't like their work anymore.


And you can't blame that on downloading. If you don't like there new sound and other people don't like there new sound and they sell less then made it's the new sound and style and not really the downloading.

Also if I don't like a new style of band why would I download there music? I mean I would not buy. So why download it? That would be a wast of time to download something you don't like.

 

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Epica 1. Simone Simons 2. Mark Jansen 3. Yves Huts 4. Coen Janssen
5. Ad Sluijter 6. Jeroen Simons
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EnforcerSG 
Registered: Sep '01
6133_Count Dooku
Date Posted: 7/22/07 4:37pm Subject: RE: Illegal Downloading of Music
This post is mostly just random questions and thoughts.

I feel that if a person is honest about buying the item after downloading it if they like it, and deleting it if they don't then it does no harm. Keep in mind that that sentence has several big IF's, but I don't see it as something that is impossible.

Then there is the point of some shows/music/movies/whatever just is not possible to obtain and view legally (especially with the regions of DVD's).

Here is a question; there is a TV series that I like, currently there is about 6 seasons of it out on DVD. Back in February the first season dropped to 20 bucks at a local store, and I bought it. Then in June the second season dropped to 20 bucks (from 50). Now I bet that in a few months season 3 will drop to 20 bucks too. WHY would it be wrong for me to download it now and wait till the price goes down before I buy it? This whole price drop thing is actually completely true (24 in Target).

Or lets say that I have been TIVO'ing a show since episode one, and the night of a new episode the power goes out and I miss it. Would it be wrong (and if so WHY) for me to download that one that I missed?

Technically when you buy a CD or a DVD you do not legally buy a copy of it; you buy a license to use the media to a limited extent and the means to do so. Yet in reality, you do have a copy of it. That disconnect from reality is something that I think the *IAA companies need to accept and deal with in a new way.

Usually I disagree with the argument 'I wouldn't buy it so it is not like they are losing money.' Usually I think that is a dumb argument, but from a capitalistic point of view it does make sense. Then again, those people putting up stuff to download (not legally) are not doing so to as part of a business, but so what...?

 

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Lowbacca_1977 
Title: Senate Moderator
Registered: Jun '06
47276_2008 Winter Holidays
Date Posted: 7/22/07 6:29pm Subject: RE: Illegal Downloading of Music
Regarding Enforcer's post... thats exactly the reason behind most of my downloading. I'm a big fan of bittorrent because where I live, I can't get some of the tv shows that I like to watch. The big one is "The Chaser's War on Everything". Its an Australian show, and I live in the U.S., and so I don't have a way to get it. When the first season came out on DVD, I bought it and had to get it shipped to the U.S., but I don't have any avenue to watch it otherwise. There's a few other things that have been on either in the U.K. or Australia, and living in the U.S. there is often no legal avenue to see it.

Hammurabi posted:
I used to use iTunes. Then I got really ticked off by all of their copy protection. In all honesty, if you buy a song through iTunes, you don't actually own it. iTunes still (more or less) owns it, but you've got the right to put it on your iPod and burn a few discs of it. After that, it's theirs again.

Thats why I stopped using iTunes... I can't actually use the files because they're .aac by default. And I'm aware there is some way to either make my mp3 player updated to handle that or such, but its not something that I've tracked out.

 

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CitizenKane 
Registered: Aug '04
8160_Obi-Wan
Date Posted: 7/22/07 8:24pm Subject: RE: Illegal Downloading of Music
this may sound completely ignorant, but can someone explain to me what the difference is between taping a song on the radio and downloading a song? To the best of my knowledge the former is legal.

 

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Mustafar_66 
Registered: May '05
45278_Han Solo
Date Posted: 7/23/07 1:38am Subject: RE: Illegal Downloading of Music
When they stop pricing albums at £15 and start pricing them at something more reasonable then I might consider buying albums instead of downloading them. Why should I spend £15 when the album might be crap? And the music industry will never collapse due to illegal downloading simply because it's a minority. The ammount of money that the music industry brings in is absolutely huge. Do you seriously think that a bunch of people sat behind a computer would really bring all that down?

 

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EnforcerSG 
Registered: Sep '01
6133_Count Dooku
Date Posted: 7/23/07 4:23am Subject: RE: Illegal Downloading of Music
As much as the *IAA companies are greedy *********, they actually do a lot of the work. The stage, the sound/video equipment, the marketing, the manufacturing, etc... really the artist does very little compared to the studio behind them (more so for music than movies, but still).

CitizenKane

Two differences (I don't consider either one to be definitive, but these are it). First, license fees. A radio pays the recording company some cash to be aloud to play the music on their station. So even if you tape that song in theory the music company will have been compensated for it (and if so many people taped songs from the radio the fees would increase to cover that [or they would not let their songs be put on the radio any more]).

Simply downloading a song isn't a big deal (it annoys them but there isn't anything they can do about it). The second difference is that uploading a song that gets their panties in a knot (especially with bittorent where you usually don't have a choice but to allow uploading to occur). If you are downloading it then someone is uploading it and that is piracy and illegal. You are getting their service for free and that is not good for their business. You are violating the copyright agreement that you technically agreed to when you opened the CD by uploading a song. Like I said, when you buy a CD you don't buy a copy of the music, you buy a license to listen to the music within certain limits and the means to do so.

Mustafar_66

Yes, I do believe that if enough people downloaded music illegally it could eventually make the industry collapse. The fact that only a minority are doing it does not make it right or not harmful. (I KNOW THAT PIRACY IS NOT THEFT, BUT) The minority argument can be said of theft; only a minority of people do it, so it is ok? That kind of argument is not a good one IMO.

 

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Kimball_Kinnison 
Registered: Oct '01
6249_Veers
Date Posted: 7/23/07 6:10am Subject: RE: Illegal Downloading of Music - Date Edited: 7/23/07 6:15am (1 edits total) Edited By: Kimball_Kinnison
EnforcerSG posted:
CitizenKane

Two differences (I don't consider either one to be definitive, but these are it). First, license fees. A radio pays the recording company some cash to be aloud to play the music on their station. So even if you tape that song in theory the music company will have been compensated for it (and if so many people taped songs from the radio the fees would increase to cover that [or they would not let their songs be put on the radio any more]).

Simply downloading a song isn't a big deal (it annoys them but there isn't anything they can do about it). The second difference is that uploading a song that gets their panties in a knot (especially with bittorent where you usually don't have a choice but to allow uploading to occur). If you are downloading it then someone is uploading it and that is piracy and illegal. You are getting their service for free and that is not good for their business. You are violating the copyright agreement that you technically agreed to when you opened the CD by uploading a song. Like I said, when you buy a CD you don't buy a copy of the music, you buy a license to listen to the music within certain limits and the means to do so.
That is outright false. You do not buy a license to the music, you buy a copy of the music, and you may do as you wish with it as long as you do not violate copyright law.

A license is a form of contract, and you do not make a contract with anyone when you buy a CD. In order for a valid contract to be made, both sides need to be aware of the terms of the contract and accept them before that contract can be binding. Go read a CD's booklet: there are no terms listed, nor are you given a chance to review and accept the non-existent terms before you are bound to them.

When you buy a CD, it is yours, just like when you buy a book it is yours. The exact same laws apply. You are free to do as you wish with it as long as you do not violate copyright by making copies and distributing them. Copyright law explicitly allows you to make copies for backup purposes (see 17 USC 117 (a)(2)), regardless of whether the copyright holder gives permission or not. (If you sell the original, you are required to destroy the backups.) You also do not need a license to run or use a computer program (see 17 USC 117 (a)(1)), although you do need a license to copy it to your hard drive (i.e. install it).

The only copyright agreement that you have with a CD is the one set forward in copyright law, which grants specific rights to the copyright holders (see 17 USC 106 for a list of those rights), but also has a long series of limitations on those rights (see 17 USC 107 through 17 USC 122). For example, fair use is codified in 17 USC 107, and allows you to make copies of a work "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" without infringing on the copyright. (Note that it says "such as", meaning that those are not the only reasons covered by fair use.)

There are other exceptions that allow the making of copies. For example, libraries and archives that are open to the public can make up to 3 copies of a work (17 USC 108). It's not a cut-and-dried as "you can't make copies".

Copyright is not absolute. It is limited in both scope (how much you can do) and time (how long you can do it).

Kimball Kinnison

EDIT: In fact, the license fees that you mention are specifically codified in law in 17 USC 114, and they are a compulsory license. As long as they pay the appropriate fees and do not create a derivative work not covered by fair use (i.e. remixing the recording), they cannot be prohibited from broadcasting the recording. Go look it up. You might learn quite a bit.

 

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Mustafar_66 
Registered: May '05
45278_Han Solo
Date Posted: 7/23/07 9:45am Subject: RE: Illegal Downloading of Music
EnforcerSG posted:

Mustafar_66

Yes, I do believe that if enough people downloaded music illegally it could eventually make the industry collapse. The fact that only a minority are doing it does not make it right or not harmful. (I KNOW THAT PIRACY IS NOT THEFT, BUT) The minority argument can be said of theft; only a minority of people do it, so it is ok? That kind of argument is not a good one IMO.


Of course if enough people do enough of something then it'll collapse. The thing is that the ammount of people downloading music illegally will never be enough to collapse the industry. The reason why I download music is simply because I've not got enough money to go out and buy a brand new copy. I can't download off of iTunes or similar websites as a. they're still too expensive and b. I have no credit or debit card.

 

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anidanami124 
Registered: Aug '02
47295_2008 NFL Playoffs
Date Posted: 7/23/07 5:00pm Subject: RE: Illegal Downloading of Music
As much as the *IAA companies are greedy *********, they actually do a lot of the work. The stage, the sound/video equipment, the marketing, the manufacturing, etc... really the artist does very little compared to the studio behind them (more so for music than movies, but still).[/i]

Well there really also depends on the person/band. For some of it your are right. But that's for the part of the tour. When it comes down to the CD that's a whole different ball game. If you take Hilary Duff yeah she does not really do anything. But if you take a band like After Forever they have to do a lot of the work on there own and the only reason the producer will ever be there is to help them get where they want to take the sound. Other then that it's all them who does the work.

 

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My Heros of Music
Epica 1. Simone Simons 2. Mark Jansen 3. Yves Huts 4. Coen Janssen
5. Ad Sluijter 6. Jeroen Simons
1)ROTS2)AOTC 3)TESB 4)TPM 5)ANH 6)ROTJ
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EnforcerSG 
Registered: Sep '01
6133_Count Dooku
Date Posted: 7/23/07 5:27pm Subject: RE: Illegal Downloading of Music - Date Edited: 7/23/07 5:42pm (3 edits total) Edited By: EnforcerSG
I was owned... I take it back. Thank you Kimball.

EDIT: I was thinking more of DVD's with their FBI warnings that basically say what you can and can not do with your copy of the media. Also I thought at one point you said something similar to what I was saying; that you don't really own a copy of the media because if you did you would have the legal right to redistribute it (or am I thinking of someone else or a different point you made?).

But after reading your post; yeah think I was wrong on that point.

EDIT 2: I should reply to the other people too:

Mustafar_66

You are not entitled to music and movies. Just because you are broke does not make it right or not harmful to download music. You didn't reply to my theft analogy which IMO still stands (again with the caveat that piracy is not theft; it is just an analogy, nothing more).

anidanami124

You are right; I should have been careful and said something along the lines of most musicians or most artists who get their work distributed through companies that are part of the *IAA's. You are right that there are a good number of artists out there who do most of the work themselves (which I do think many in the industry worry about).

EDIT 3: Although I was wrong and Kimball is right; I do want to mention that on several Microsoft products it says on the sticker keeping the box closed that by opening the package you agree to the License agreement enclosed. But that is just a small case and not the norm.

 

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Lowbacca_1977 
Title: Senate Moderator
Registered: Jun '06
47276_2008 Winter Holidays
Date Posted: 7/23/07 7:03pm Subject: RE: Illegal Downloading of Music
I just wonder how many sales are generated based on downloading, initially.
I have bought 3 CDs of System of a Down after downloading some of their songs. I bought a CD of REM after being sent a couple of their songs over the internet (via iTunes). I bought a CD of the Cure after the same thing. I bought a couple CDs of Queen after downloading a couple of their songs (and I've never been able to listen to 2 songs on those CDs, actually, because they won't go on to my computer correctly).

This isn't money that would have gone into the music industry otherwise...Thats 6 or 7 CDs that they had bought because I was aware of stuff due to downloading. I'm rather curious if thats a statistical anomoly, or if there's other people aside from myself that do the same thing, and have only been interested in buying some CDs because of downloading and wouldn't have been familiar with the music to decide to buy it otherwise.

 

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anidanami124 
Registered: Aug '02
47295_2008 NFL Playoffs
Date Posted: 7/23/07 7:44pm Subject: RE: Illegal Downloading of Music
You are right; I should have been careful and said something along the lines of most musicians or most artists who get their work distributed through companies that are part of the *IAA's. You are right that there are a good number of artists out there who do most of the work themselves (which I do think many in the industry worry about).

The reason for that is because then they can't tell them how to write and play there music. wink I mean really why let someone write the music there way when you can just tell them what to write and play.

 

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My Heros of Music
Epica 1. Simone Simons 2. Mark Jansen 3. Yves Huts 4. Coen Janssen
5. Ad Sluijter 6. Jeroen Simons
1)ROTS2)AOTC 3)TESB 4)TPM 5)ANH 6)ROTJ
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Kimball_Kinnison 
Registered: Oct '01
6249_Veers
Date Posted: 7/23/07 7:49pm Subject: RE: Illegal Downloading of Music
EnforcerSG posted:
I was owned... I take it back. Thank you Kimball.

EDIT: I was thinking more of DVD's with their FBI warnings that basically say what you can and can not do with your copy of the media. Also I thought at one point you said something similar to what I was saying; that you don't really own a copy of the media because if you did you would have the legal right to redistribute it (or am I thinking of someone else or a different point you made?).
You own the copy and can do with it as you wish, including resell it (the "first sale" doctrine), however, you are not allowed to copy it and distribute those copies.

Copyright itself only governs the right to control initial distribution of copies. It does not extend beyond that. They can't control who you might resell it to, and they can't control how you use it once you buy it as long as you don't redistribute it.

EnforcerSG posted:
Although I was wrong and Kimball is right; I do want to mention that on several Microsoft products it says on the sticker keeping the box closed that by opening the package you agree to the License agreement enclosed. But that is just a small case and not the norm.
Actually, I addressed that:
Kimball_Kinnison posted:
You also do not need a license to run or use a computer program (see 17 USC 117 (a)(1)), although you do need a license to copy it to your hard drive (i.e. install it).
However, such shrink-wrap licenses have not been upheld in court as being valid, and there are many aspects of them that may violate contract law in many states. Just because they say something is not allowed doesn't mean that it really isn't allowed.

Kimball Kinnison

 

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