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RIAA facing RICO?

Kevin_Lowe said:

You aren't taking. You are copying.

SOMEONE had to have access to the original in order to make the copy. You took the copy that that person made. Unauthorized.


Even if I politely grant your assumptions about my personal morality and the theft-nature of copyright infringement, it would not have the disastrous consequences you forecast.

Again, it's the logical extension if EVERYONE did it. So saying 'well, everyone would never do it' is not really an answer.


All the available evidence is that "theft of information" causes no provable net loss of sales, and has had no provable impact on the number of bands touring or recording.
Just as other crimes such as 'murder' have no impact on 'number of high IQ geniuses on the planet'? Bit of a problem don't you think, to measure such things, when there are simply TOO many variables to keep track of?


I'll put it this way. Suppose you "normally" buy 6 CDs per year. Suppose you get keen on file sharing and download a million billion songs per year, but you still buy 6 CDs per year. Is anybody harmed by this? Note that I did not ask you whether a crime has been committed, or ask you whether an immoral act has been performed. Is anybody harmed by this change in your behaviour?

I just got a million billions songs free last year, and I'm gonna pay a single CENT to actually buy 6 CDs? WHY?

People don't buy CDs because they have this urge to buy X number a year: they buy because they want the MUSIC on the CDs. If they get the music for free which they would otherwise would have had to pay for it... they're not going to PAY for that CD.

So many people on this thread are so hung up on who is being hurt by all this copying: the RIAA, the musicians, the engineers, the retail stores... etc. etc. etc.

Here's a thought: maybe the person who does wrong is the one being injured by the unethical act. Or do you need figures and studies for that too?
 
SOMEONE had to have access to the original in order to make the copy. You took the copy that that person made. Unauthorized.
You are making the strange assumption that the person who owned it couldn't have given it voluntarily, with the expectation of getting it back. Perhaps this person even knew that a copy is going to be made of it and sees no problem with that.

I think that's how it usually works. It has certainly been my experience with the copying of music. Someone I know has a huge library of legally bought CDs and is so enthusiastic about the music that he wants others to hear it too. So instead of inviting people over to listen to the music together, he makes mixes of the music he owns. And he makes no fuss if you want to borrow a CD to copy it.

There is no fundamental difference between him inviting people to his home to listen to the music he has or giving out copies: in both cases he shares music with others who are not paying the record companies for the pleasure. Unless they go buy the CD themselves.
Again, it's the logical extension if EVERYONE did it. So saying 'well, everyone would never do it' is not really an answer.
That does not mean that it is meaningful to theorize about the consequences of things that are not going to happen anyway. Many things people do would be disasterous if all people would start doing them, but that does not make them immoral: if all people would live in celibacy, we would die out fairly quickly.

Also, if all people would start listening exclusively to freeware music (like they have been doing for centuries), that too would be devestating to the record companies. That fact alone would not give them the right to make it illegal, IMHO.
Bit of a problem don't you think, to measure such things, when there are simply TOO many variables to keep track of?
True, there are many variables, and many of them cannot easily be distinguished. That's why record companies should not claim their loss in profits is caused by file sharing.
If they get the music for free which they would otherwise would have had to pay for it... they're not going to PAY for that CD.
If all they want is the music, you are right. If all you have to sell is something that people can make at home for pittance, you are not going to sell much. Sucks, doesn't it; the free market.
So many people on this thread are so hung up on who is being hurt by all this copying: the RIAA, the musicians, the engineers, the retail stores... etc. etc. etc.
They would be hurt just as much if people downloaded free songs from the internet instead of commercial ones. If the RIAA manages to halt all copying of copyrighted material, it would not stop any damage done to the music industry. People would simply continue their merry way with the music that is made available for free by the artists.

What are they going to do about that? It is not like the music that's for sale is so much better than what is for free.
Here's a thought: maybe the person who does wrong is the one being injured by the unethical act. Or do you need figures and studies for that too?
I bet he does. I like to see some too.

I don't think music lovers are in a symbiotic relationship with the recording industry. They don't depend on it, they will be able to satisfy their need for music without it. If they hurt it there is no way I can think off they will also be hurting themselves.
 
I'm tired of dancing around this issue.

Being a skeptic is not just about examining evidence: it's also about being able to look at something with clear eyes. I can not wave my hands and unclear other's eyes.

I've asked twice what the punishment should be for someone who copies information that they didn't pay for. The same as the person who shoplifts an 80 cent CD? More? Less? The fact that no one here will seriously try to answer this indicates that some people are not really interested in the morality of what's going on here. Especially those with hard drives full of unpaid-for information, I suspect.

I do have a few .mp3s I haven't paid for, btw. I acknowledge my theft. I don't declare 'it can't be theft, because that would make me a thief!' That's what I mean by 'open eyes.'

If you all want to keep arguing about whether the music industry is making too much money, etc, go right ahead. Might as well debate whether murder isn't really wrong, because of the tactics used by police to track murderers down, or because the 'health industry' profits from people being alive. Well get this: 'murder' is wrong for many reasons; reasons that have NOTHING to do with how the police track down people who commit it, or how much money the 'health industry' makes off live people.


quote:
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Here's a thought: maybe the person who does wrong is the one being injured by the unethical act. Or do you need figures and studies for that too?
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I bet he does. I like to see some too.

You'd like figures and studies for a philosphical argument?

None to offer. Perhaps when we've quantified existance into mathematical equations, I'll be able to off you some.

In the meantime, I can only offer: I am diminished by every immoral act I do, and increased by every kindness I offer.

I have no facts and figures to back that up, so if you disagree, go nuts. Just stay 15 feet away from me at all times.
 
bignickel said:
I've asked twice what the punishment should be for someone who copies information that they didn't pay for. The same as the person who shoplifts an 80 cent CD? More? Less?
Maybe some here think 'no punishment at all'.
The fact that no one here will seriously try to answer this indicates that some people are not really interested in the morality of what's going on here.
I am interested in the morality, but I cannot think of any reason why it should be immoral that doesn't apply equally to the distribution of freeware, listening to music together with friends, broadcasting on the radio or even simply remembering things.
Especially those with hard drives full of unpaid-for information, I suspect.
I can honestly say that almost everything I have on my computer is either freeware or legally bought.
I do have a few .mp3s I haven't paid for, btw. I acknowledge my theft. I don't declare 'it can't be theft, because that would make me a thief!'
It can't be theft because theft involves taking something away. This does not take anything away, it just means not giving something.
That's what I mean by 'open eyes.'
'Open eyes' might also mean acknowledging that people will be doing it regardless of legal status, that even you couldn't resist the temptation and that this means there must be very good arguments for making it illegal. I didn't hear any yet.
Might as well debate whether murder isn't really wrong, because of the tactics used by police to track murderers down, or because the 'health industry' profits from people being alive. Well get this: 'murder' is wrong for many reasons; reasons that have NOTHING to do with how the police track down people who commit it, or how much money the 'health industry' makes off live people.
Murder is wrong because a murderer takes something away from someone: life. Copying doesn't take away anything from anyone. It just means that someone is not giving something.
In the meantime, I can only offer: I am diminished by every immoral act I do, and increased by every kindness I offer.
If you mean it like that, I can agree. A person doing an immoral act hurts himself in this way.

However, you have not shown that copying a CD or filesharing are immoral acts. Since I have not heard anything about how it hurts anyone. Or at least hurt anyone more than other things that I am sure you agree are not immoral at all: freeware, listening to music together with friends, broadcasting on the radio, remembering things, making your own music, not listening to music at all, etc... etc...

Provide an argument that cannot be applied to these (it doesn't even have to be that compelling or well thought out) and I'll consider it.
 
bignickel said:
SOMEONE had to have access to the original in order to make the copy. You took the copy that that person made. Unauthorized.

"I" didn't take anything. "I" made an unauthorised copy. There is an important difference. How often are we going to have to explain this?

Again, it's the logical extension if EVERYONE did it. So saying 'well, everyone would never do it' is not really an answer.

It's an answer if you were trying to present it as a real problem that had real consequences for real people. If you were just posing an abstract moral question, then yes it is not really an answer. But I got the impression you had concerns about more concrete issues.

In any case, what would happen if every single person in the world stopped paying for CDs and downloaded them instead? Well, the professional music recording industry would largely collapse, and CD stores would go out of business. Everyone working for the RIAA would have to get a real job.

Musicians would still record music, and they would still employ technicians, but recording would be an advertising expense rather than a profit center. Touring acts would still tour. The bands that release free music now would keep right on doing what they've always done. There would still be music. It would not be the end of the damn world. Sometimes technology just makes a business model obsolete.

Just as other crimes such as 'murder' have no impact on 'number of high IQ geniuses on the planet'? Bit of a problem don't you think, to measure such things, when there are simply TOO many variables to keep track of?

What a bizarre tangent.

I thought your argument was that file sharing had actual bad effects on actual people. If so, the test of that argument is to see if the people whose incomes are supposedly threatened had dropped. But what do I know?

Look, we'll put the ball in your court. What the heck is your thesis anyway, and how could it be falsified?

I just got a million billions songs free last year, and I'm gonna pay a single CENT to actually buy 6 CDs? WHY?

Sorry, but I'm not a mind reader. The evidence is that enough people do buy CDs, however, whether or not the thought processes involved are conceivable to you personally.

People don't buy CDs because they have this urge to buy X number a year: they buy because they want the MUSIC on the CDs. If they get the music for free which they would otherwise would have had to pay for it... they're not going to PAY for that CD.

For the third time, you think this is true but I have shown you evidence that this is not true. Armchair psychology is no substitute for evidence.

So many people on this thread are so hung up on who is being hurt by all this copying: the RIAA, the musicians, the engineers, the retail stores... etc. etc. etc.

I'm kind of hung up on the question of whether anyone is being hurt at all, and I freely admit it. I think it's a really important question because criminalising file sharing is an enormously costly exercise for a society. Law enforcement is staggeringly expensive and destructive. Even allowing civil suits over file sharing is only justifiable if you can show that some harm is being done.

Here's a thought: maybe the person who does wrong is the one being injured by the unethical act. Or do you need figures and studies for that too?

Here's a thought in return: If the only harm done is being done to the downloaders, then it is only done because we have dumb laws.

Intellectual property laws are not handed down from God. They have no basis in any universal human rights or anything of the sort. They're a state-granted monopoly, and the sole justification for their existence is that, in theory, they encourage innovation and artistic endeavour.

We could just make specific exceptions to the relevant laws, and hey presto! Not only would it seem from the available evidence that it would do little or no harm to the recording industry, but it would prevent all that nasty moral harm from being done to the downloaders. If you genuinely believe that this is the case, you should be supporting the decriminalisation of file sharing.
 
bignickel said:
I'm tired of dancing around this issue.

Being a skeptic is not just about examining evidence: it's also about being able to look at something with clear eyes. I can not wave my hands and unclear other's eyes.

I'll ignore that remark, since I have no polite response in me.

I've asked twice what the punishment should be for someone who copies information that they didn't pay for. The same as the person who shoplifts an 80 cent CD? More? Less? The fact that no one here will seriously try to answer this indicates that some people are not really interested in the morality of what's going on here. Especially those with hard drives full of unpaid-for information, I suspect.

Rather than point to all the arguments I've made that you personally have not seriously tried to answer, I'll give you an answer.

The punishment for downloading a file under the current IP system should be that the owner of the copyright has the option of suing you, for a sum of money equal to the harm they can prove you have done them. Just like in any other civil case.

I'm in favour of making it legal, but if it's illegal that's what the punishment should be.

I do have a few .mp3s I haven't paid for, btw. I acknowledge my theft. I don't declare 'it can't be theft, because that would make me a thief!' That's what I mean by 'open eyes.'

"I am a sinner! But you can be saved!" :)

If you all want to keep arguing about whether the music industry is making too much money, etc, go right ahead. Might as well debate whether murder isn't really wrong, because of the tactics used by police to track murderers down, or because the 'health industry' profits from people being alive. Well get this: 'murder' is wrong for many reasons; reasons that have NOTHING to do with how the police track down people who commit it, or how much money the 'health industry' makes off live people.

Bad analogy. Whether or not to criminalise file sharing is not like whether or not to criminalise murder. It's more like deciding whether we should drive on the left hand side of the road or the right.

You'd like figures and studies for a philosphical argument?

None to offer. Perhaps when we've quantified existance into mathematical equations, I'll be able to off you some.

In the meantime, I can only offer: I am diminished by every immoral act I do, and increased by every kindness I offer.

I have no facts and figures to back that up, so if you disagree, go nuts. Just stay 15 feet away from me at all times.

In that case, all you have to do to solve your "problem" is to shift the goal posts a little. Their current placement is entirely arbitrary anyway.

We just make file sharing legal, and declare that (morally speaking) musicians are "increased" by releasing music that people can share. Thus consumers are not "diminished" by sharing it. Solved.
 
LW said:


, and D. By my subjective perceptions their proportions go somewhere like this.

- Most downloaders are B, getting songs that they wouldn't have bought.

- Then comes A. Persons who would have bought the record if unable to download it. I have heard three different persons to say these exact words: "now that I have a broadband I don't have to ever buy a CD again". However, in my circles there definitely are more people in B than in A.

The vast majority of downloaders that I personally know fall into the first two cases. The cases C and D are rare and I can't say which one is more common.

I.


Or E) Downloading songs when you already own the album.
 
Of course this has nothing to do with the $330,000 that Leahy(D) and Hatch(R) have received this year alone from the entertainment industry. As stated in this article.

Make criminals out of millions of only US citizens, then selectively prosecute in an attempt to scare the others into submission.

Hopefully the bill will die the death it deserves.
 
BobK said:
Of course this has nothing to do with the $330,000 that Leahy(D) and Hatch(R) have received this year alone from the entertainment industry. As stated in this article.

Make criminals out of millions of only US citizens, then selectively prosecute in an attempt to scare the others into submission.

Hopefully the bill will die the death it deserves.
Believe it or not, Sen. Hatch is also a songwriter. So he also has a personal interest in this, not just the $$ from lobbyists.
 

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