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Obama administration: "Piracy is flat, unadulterated theft"

arstechnica.com

11–20 of 104 posts

Re: Obama administration: "Piracy is flat, unadulterated theft"

#11

> No one walking out of a Walmart with a stack of Richard Marx discs under his arm would be subject to such penalties. Penalties are higher because piracy is easier to get away with?

What does how easy something is to get away with have to do with anything? Technology makes certain kinds of securities fraud massively easier to get away with. Should we decriminalize them now?

Re: Obama administration: "Piracy is flat, unadulterated theft"

#12
post #9

From the article: Locke then lamented the fate of songwriters. "Recently, I've had a chance to read letters from award winning writers and artists whose livelihoods have been destroyed by music piracy. One letter that stuck out for me was a guy who said the songwriting royalties he had depended on to 'be a golden parachute to fund his retirement had turned out to be a lead balloon.' This just isn't right." I don't be…

> I don't believe the assumption that every download is a lost sale is remotely true.

They don't either.

Re: Obama administration: "Piracy is flat, unadulterated theft"

#14
post #9

From the article: Locke then lamented the fate of songwriters. "Recently, I've had a chance to read letters from award winning writers and artists whose livelihoods have been destroyed by music piracy. One letter that stuck out for me was a guy who said the songwriting royalties he had depended on to 'be a golden parachute to fund his retirement had turned out to be a lead balloon.' This just isn't right." I don't be…

According to the DMCA, yes, you are, unless you KNOW you are downloading it from an authorized party. IANAL, for the record sake, but that's how most P2P has been bastardized by the law and you can't use the "I already own the CD" defense if sued.

Re: Obama administration: "Piracy is flat, unadulterated theft"

#15
I hate it when people equate piracy with theft...it's copyright infringement, not theft. If someone breaks into my car and steals my iPod, that's theft. I, the original owner, no longer possess the item.

If instead the "thief" breaks into my car and copies all of the music from my iPod (let's say that all of the songs are recordings of my band to make things simple) and posts it on several torrent trackers, that's piracy (copyright infringement). I still have the originals, so no harm, no foul. In fact, I might be glad that someone is doing some free marketing for my band (or I might choose to cry about the billions in lost sales).

I'd argue that piracy has done more to help the music industry than it has to hurt it. Back when people bought music on $17 CD's, they only bought a handful per year. And once you lost a CD or it got scratched, you stopped listening to it. You could also only carry 6 at a time in your CD changer. With illegal MP3 downloads (and later, legal ones), people could suddenly carry thousands of songs in their pockets, and they never get lost or scratched.

Back in college, since music was now "free", my friends and I expanded our musical tastes beyond gangsta rap to include rock, country, trance, techno, classical, and jazz. With a new world of music open to us, we started going to local jazz clubs, raves, and concerts (which put more money in the record labels' pockets than CD sales ever did). I went to 2 Rage Against the Machine concerts in one weekend, even though I've never paid for one of their albums.

Just the other day I listened to the first MP3 I ever downloaded (August, 1998, Eagle-Eye Cherry - Save Tonight). I backed up all of my old MP3's on CD-R back in the day, and they've been passed from desktop to laptop to XBox to iPod to phone ever since.

Since all of these songs are always instantly available to me, these artists are still within reach, even the one-hit-wonders from yesteryear. If I hadn't downloaded Fastball's "Outta My Head" back in 1998, I would never have gone to see them perform at the Viper Room in 2008 (it was the illegal download of a B-side that made me appreciate them more than hearing "The Way" on the radio).

Re: Obama administration: "Piracy is flat, unadulterated theft"

#16

> No one walking out of a Walmart with a stack of Richard Marx discs under his arm would be subject to such penalties. Penalties are higher because piracy is easier to get away with?

It's a bad analogy to begin with. The RIAA is suing people for distributing music, not downloading it. Theoretically, these defendants could have distributed hundreds of copies of each song (although it's more likely they distributed zero copies).

Re: Obama administration: "Piracy is flat, unadulterated theft"

#17
post #15

I hate it when people equate piracy with theft...it's copyright infringement, not theft. If someone breaks into my car and steals my iPod, that's theft. I, the original owner, no longer possess the item. If instead the "thief" breaks into my car and copies all of the music from my iPod (let's say that all of the songs are recordings of my band to make things simple) and posts it on several torrent trackers, that's pi…

First. Pirates, most of the time, take away from the potential revenue of a copyright owner. You can argue that you wouldn't have used that product otherwise anyway, but thats not always true.

Second. The reason the music industry is booming with the likes of iTunes is the convenient access to it. In the past, it was more convenient to pirate, now its more convenient to buy than it is to pirate.

Re: Obama administration: "Piracy is flat, unadulterated theft"

#18
post #15

I hate it when people equate piracy with theft...it's copyright infringement, not theft. If someone breaks into my car and steals my iPod, that's theft. I, the original owner, no longer possess the item. If instead the "thief" breaks into my car and copies all of the music from my iPod (let's say that all of the songs are recordings of my band to make things simple) and posts it on several torrent trackers, that's pi…

I love it that people who simply take anything sold under terms they disagree with also demand political correctness from the rest of the world and, particularly, from the industries who they're taking things from.

Re: Obama administration: "Piracy is flat, unadulterated theft"

#19
post #9

From the article: Locke then lamented the fate of songwriters. "Recently, I've had a chance to read letters from award winning writers and artists whose livelihoods have been destroyed by music piracy. One letter that stuck out for me was a guy who said the songwriting royalties he had depended on to 'be a golden parachute to fund his retirement had turned out to be a lead balloon.' This just isn't right." I don't be…

If I download the mp3 copy of a CD I own a physical copy of, am I a criminal? Did I steal from the artist?

To the first question, I would say that you are guilty of copyright infringement. Compare it to buying a bootleg DVD of a DVD that you already own that was scratched and is now unplayable, or sneaking in to watch the re-release of Avatar now that you own it on Blu-Ray.

To the second, no you haven't stolen anything from the artist, since the artist (well, really the record label) still has the original item.

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