woman gets sued for $200k for downloading songs.WOW!

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Post by rwc » Sat Oct 06, 2007 6:24 pm

IMO, there are no such things as illegal downloads. Only illegal uploads. If I have time later tonight, I'll even link to a portion of copyright law that can be interpreted as such. There are no "illegal music downloads." Copyright law prevents one from distributing materials without permission, but the person receiving them holds no liability. Not a single person has been sued for downloading, They've all been for distributing copyrighted material. That only goes to support my opinion.

Also, copyright infringement is not theft. Calling it such is a buzzword to misinform people, to tack an emotional argument onto an intellectual one.

This is probably not the board to give my opinion on the matter, because it's in the very small minority. And feel free to disagree angrily. I think information should be kept secret or let free, and that anything that can be stored digitally is information.

This may sound insane, but is there anything better? Suing the pants off people isn't going to fix things. People move onto different mediums. From kazaa, to IRC, to ed2k, bittorrent, to usenet, and whatever else is next. I also think it's crazy that the progress of technology is being slowed, or even halted for periods of time in attempts to create better methods of copy protection. For example, HD-DVD and bluray could have been out earlier if not for waiting on AACS. And look how effective the implementations of that have been! :roll:

The people making the legislation don't understand technology at all. The legal online distribution systems are pathetic at best. Even if they _were_ free, they'd still be worse in quality, selection, portability, than any other less legitimate service. Even for $0, they wouldn't be as good. Television is even worse. One can find HDTV captures of shows on the net in full quality _months_ before CBS, NBC, or FOX releases them on HDDVD or Bluray, and many times, they never even get released as such. So if you want a high def copy, you have no choice but piracy. I find it funny that some have received DMCA notices for distributing this "stolen" content when there is no actual copy in stores, or online to be bought, for it to be "stolen" from.

Yet, again, you guys are right. This is all against the law as long as copyright law is what it is. And for what it's worth, I have a stack of CDs and discographies on top of my stereo across the room that I've paid for. I have five seasons of 24, and the sixth up next, all paid for. I like having originals, and I like supporting the people who made those productions possible. Also for what it's worth, 90% of those I had for about a week in FLAC/musepack/vorbis/MP3/xvid/x264 prior to buying.

I just don't think the current legislation is right though. Regardless of what anyone's opinion is, I think one thing most can agree on is that a lot has to change. I think both the "FUCK THE RICH LABELS AND ARTISTS AND STUDIOS WORD UP TO BITTORRENT!!!1" and the "THEY ARE STEALING BILLIONS OF DOLLARS EACH YEAR FROM US WE HAVE THE RIGHT TO HANG ONTO A 50 YEAR OLD BUSINESS MODEL AND STALL THE PROGRESS OF TECHNOLOGY FOR OUR BENEFIT" sides both have a lot to think about if they ever want to come to a happy compromise.
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Post by grinningidiot » Sat Oct 06, 2007 7:47 pm

b3groover wrote:Or assholes.

Or stupid assholes.
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Post by E Car » Sun Oct 07, 2007 11:01 am

RWC wrote:IMO, there are no such things as illegal downloads. Only illegal uploads. If I have time later tonight, I'll even link to a portion of copyright law that can be interpreted as such. There are no "illegal music downloads." Copyright law prevents one from distributing materials without permission, but the person receiving them holds no liability. Not a single person has been sued for downloading, They've all been for distributing copyrighted material. That only goes to support my opinion.

Also, copyright infringement is not theft. Calling it such is a buzzword to misinform people, to tack an emotional argument onto an intellectual one.

This is probably not the board to give my opinion on the matter, because it's in the very small minority. And feel free to disagree angrily. I think information should be kept secret or let free, and that anything that can be stored digitally is information.

This may sound insane, but is there anything better? Suing the pants off people isn't going to fix things. People move onto different mediums. From kazaa, to IRC, to ed2k, bittorrent, to usenet, and whatever else is next. I also think it's crazy that the progress of technology is being slowed, or even halted for periods of time in attempts to create better methods of copy protection. For example, HD-DVD and bluray could have been out earlier if not for waiting on AACS. And look how effective the implementations of that have been! :roll:

The people making the legislation don't understand technology at all. The legal online distribution systems are pathetic at best. Even if they _were_ free, they'd still be worse in quality, selection, portability, than any other less legitimate service. Even for $0, they wouldn't be as good. Television is even worse. One can find HDTV captures of shows on the net in full quality _months_ before CBS, NBC, or FOX releases them on HDDVD or Bluray, and many times, they never even get released as such. So if you want a high def copy, you have no choice but piracy. I find it funny that some have received DMCA notices for distributing this "stolen" content when there is no actual copy in stores, or online to be bought, for it to be "stolen" from.

I just don't think the current legislation is right though. Regardless of what anyone's opinion is, I think one thing most can agree on is that a lot has to change. I think both the "FUCK THE RICH LABELS AND ARTISTS AND STUDIOS WORD UP TO BITTORRENT!!!1" and the "THEY ARE STEALING BILLIONS OF DOLLARS EACH YEAR FROM US WE HAVE THE RIGHT TO HANG ONTO A 50 YEAR OLD BUSINESS MODEL AND STALL THE PROGRESS OF TECHNOLOGY FOR OUR BENEFIT" sides both have a lot to think about if they ever want to come to a happy compromise.
Technology is not slowed or halted by lawsuits protecting intellectual property, it's slowed and halted by those who create intellectual property having to fight to protect their livelihood--and having to work other jobs to pay the rent.

If we had to wait for 18 year olds working full time at Mc Donalds to figure out all our new technology we'd be screwed. The world economy would go into a depression and many, many people would starve.

We have such good technology including the computer you're writing on and the internet on which you write because of strong intellectual property laws like copyrights, patents, etc. All of which can and are saved digitally.

And which must be shared to make money, do business, and serve their purpose. How could you keep a song a secret?

By your reasoning all patents should be free--which would crash our economy in a heartbeat. Not only no new recording gear but no more fuel efficient cars, no safer oil tankers, heat for many fewer people each winter, etc.

The world would literally be a wasteland. Protecting intellectual property created technology, it isn't slowing it. If you do any research, you'll find that talent and knowledge workers migrate toward appealing business climates--which means strong protections--and away from weak protections.

Putting the responsibility on the creators to keep it secret means what--don't release your songs? Don't partner with a company to build your phone or master your CD? That's going back to the dark ages.

Making artists, intellectual property creators, and those who serve them fight to get their money is a very inefficient way to create technology and culture. It takes a lot of extra money, energy and time that could be going to new content and new technology. Like trying to fill a leaky bucket.

I know a lot of people think, oh, it's just a couple songs, and it's such a big company (although I'd guess that much of the stealing on the board is from indies) but that's immaterial. Stealing is stealing. It doesn't matter who it's from, or even if you think you found a loophole in the copyright code.

I personally look forward to the day when music prices, movie prices and the like are raised significantly. I want the best bands to have more time in the studio and less time dealing with t-shirts, videos, clothing lines, producing and tours just to make money.

As it is they're working overtime and too much of their creative output is frustrated, angry, sad or tired.

Anyone who thinks this isn't related to how much money they stand to make over their lifetime from what they've worked so hard to create is fooling themselves.

Musicians know that even if they're successful, they'll have to go back to sh*t jobs unless they're The Stones.

Two hit records won't do it. Probably not even three these days.

What I find it hard to believe is that people think that they deserve to be educated and entertained for free.

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Post by chris harris » Sun Oct 07, 2007 11:34 am

if an artist SUPPORTS downloading, then by all means, they are free to make their art available for free download on the internet.
if an artist chooses not to do this, but instead makes their art available for purchase on the internet, and you go ahead and download it illegally anyway, I don't really care what the law says about it, I say you're a selfish prick.

this debate is all about people who are generally good and honest VS. people who will blabber on for pages and pages trying to justify their dickish selfishness.

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Post by ;ivlunsdystf » Sun Oct 07, 2007 1:02 pm

and a third sort of people, those of us who think the status quo (industry methodically sues thousands of commoners who have knowingly infringed) is broken and needs fixing, as the cruelty exhibited by the RIAA in court this week is almost unthinkable in the disproportionately large damage it wreaked on one such commoner

and blabber on about it for a few lines at a time because it's just such craziness

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Post by thethingwiththestuff » Sun Oct 07, 2007 1:14 pm

i think many people believe we should be educated for free.

i also don't buy that strong intellectual property rights are what gave us these computers and this internet! the internet and computers were developed through collaboration and by "the geeks" who did it out of love first, then money. (look at how stable and flexible open source software is today.) the internet was invented to allow the military and universities to transfer information quickly within their structures, not to patent and get rich selling the recipe. the industrial age is over!

(this board is free, it uses a common bulletin format, etc... these are not protected, closed structures)

and man, god bless you if you can afford for records to cost more than they already do. you obviously are doing better than the lousy mcdonald's worker (and music fan) that's holding back your progress.

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Post by rwc » Sun Oct 07, 2007 2:17 pm

subatomic pieces wrote:if an artist SUPPORTS downloading, then by all means, they are free to make their art available for free download on the internet.
if an artist chooses not to do this, but instead makes their art available for purchase on the internet, and you go ahead and download it illegally anyway, I don't really care what the law says about it, I say you're a selfish prick.

this debate is all about people who are generally good and honest VS. people who will blabber on for pages and pages trying to justify their dickish selfishness.
this debate is all about people who are generally good and honest VS. people who will blabber on for pages and pages trying to justify their dickish selfishness.
My post hasn't been longer than many in this thread, nor do I think I exhibit "dickish selfishness" considering I legally own all of my entertainment.
I don't really care what the law says about it
Well now at least you share one thing with the people you show disdain for.

The selfish pricks are the people who don't understand the technology who are willing to do anything to keep their business model.
Technology is not slowed or halted by lawsuits protecting intellectual property, it's slowed and halted by those who create intellectual property having to fight to protect their livelihood--and having to work other jobs to pay the rent.
I don't buy this at all. You can't keep saying "oh we would have made this available, but those damn pirates!" No. That's insane - by that definition, we'd almost never have anything. The "WE CAN NEVER HAVE NICE THINGS :cry:" argument doesn't apply well.

If we have to wait for the entertainment industry to approve of a new technology before it's mass released, we'll be so far behind other countries it'll take decades to catch up. Technology is an essential part of our civilization. Music is not.
We have such good technology including the computer you're writing on and the internet on which you write because of strong intellectual property laws like copyrights, patents, etc. All of which can and are saved digitally.
I don't buy this either. The web browser and OS I use everyday are nearly, if not fully, patent free.

I think "intellectual property" has been abused as well. It's meant to protect an idea. Ideas lead to airplanes, laser beams, penicillin, alternate energy sources, computers.

It's 2007, no one buys that someone can own a "sound" anymore. You can't own binary digits, or waveforms, no matter how many of them they are. Intellectual property is a contradiction of modern technology. You can't own numbers. You can not create technology and at the same time restrict the flow of information to make it excludable, so some have to pay for it. There is no "stealing" because waveforms are not something that can be bought and sold.

A musician playing is worth something, you are paying for his time and his ability. But once it's down on a CD, it's worth little more than the price of the plastic case and CD. Something that can be duplicated millions of times with what is approaching no cost has very little worth.

I still buy CDs. I like having originals. I enjoy the ease of use and guarantee of quality that comes from buying. Also because I think, no one is going to spend the money to record their albums at good studios if the record company has no money to pay the bill. I understand this reality, it is a harsh one - good recording spaces with professionals are expensive. But I still hold this viewpoint, because it's the only way I can explain what's going on in a manner that makes sense to me. In all seriousness, the idea that the world is full of degenerates and it's because of them that technology cannot move forward is something I refuse to wrap my mind around - it's crap.
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Post by chris harris » Sun Oct 07, 2007 4:33 pm

RWC wrote:
I don't really care what the law says about it
Well now at least you share one thing with the people you show disdain for.
the difference is, I don't need complicated laws to tell me the difference between right and wrong.
I still buy CDs. I like having originals. I enjoy the ease of use and guarantee of quality that comes from buying. Also because I think, no one is going to spend the money to record their albums at good studios if the record company has no money to pay the bill. I understand this reality, it is a harsh one - good recording spaces with professionals are expensive. But I still hold this viewpoint, because it's the only way I can explain what's going on in a manner that makes sense to me.
but, how could this line of thinking possibly make sense to you? there is a cost associated with making music available (even just on the internet). In your model, the world will only have music made by home recordists struggling to eek out a record between shifts at the day job. Or music made only by the richest of the rich.
In all seriousness, the idea that the world is full of degenerates and it's because of them that technology cannot move forward is something I refuse to wrap my mind around - it's crap.
Not "degenerates"... just naive fools who think that quality music is something that just appears and doesn't cost anything to produce. and fools who think that people are buying enough t-shirts at shows to keep an entire industry (much of which is decidedly NOT corporate) afloat.

The paradigm is obviously changing. And, things will look so different in 5 years that this discussion will seem silly. BUt, I sure as shit hope that it swings towards a model where people DO re-assign some value to the music that enriches their lives.

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Post by thethingwiththestuff » Sun Oct 07, 2007 5:41 pm

sigh. i'm just sayin' there's gotta be a "third" way to do this other than suing for up to $150,000 per song or dismantling the entire music industry.

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Post by ;ivlunsdystf » Sun Oct 07, 2007 6:23 pm

metoo

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Post by Knights Who Say Neve » Sun Oct 07, 2007 9:49 pm

thethingwiththestuff wrote:sigh. i'm just sayin' there's gotta be a "third" way to do this other than suing for up to $150,000 per song or dismantling the entire music industry.
I have heard it speculated that this RIAA suing people thing is a lead-up for some kind of "blank media tax" that could apply to anyone's online connection. That would be the "third way". The RIAA is actually losing money on suing downloaders. Another "third way" would be to criminalize copyright infringement and let the feds take over enforcing it. I'm sure that would work out as least as well as the Drug war...

As for the "downloading is theft, it's taking money out of our mouths you goddam thieves and get off my lawn" crowd, well, you can't really argue with them. They just won't see it. Holier then thou mentality- but really the (perceived) threat is to their pocketbooks, so their high moral stance is pure bullshit.
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Post by JGriffin » Sun Oct 07, 2007 11:19 pm

Knights Who Say Neve wrote:As for the "downloading is theft, it's taking money out of our mouths you goddam thieves and get off my lawn" crowd, well, you can't really argue with them. They just won't see it. Holier then thou mentality- but really the (perceived) threat is to their pocketbooks, so their high moral stance is pure bullshit.
Trust me, man, arguing with the "taking something without paying for it isn't really wrong, music should be free, dude, fuck the corporations" culture of entitlement idiots is just as pointless and frustrating.
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Post by thethingwiththestuff » Mon Oct 08, 2007 9:05 am

wow, you guys both perfectly illustrate the dichotomy that i'm saying is false.

technology has changed. binary representations of physical commodities are a brand new and totally different form of THING, with completely new ways of dissemination, and we need to figure out the best way to utilize it to foster growth of the arts. demanding to treat it in EXACTLY the same way as its century old concept of a "record" is impossible, and laws and business practices need to catch up.

this is not really about music or morality! and most people's positions are more nuanced than "damn thief kids who don't value anything" vs. "surface socialism young idealists gimme gimme gimme".

FURTHERMORE! how many of you here work as engineers, musicians, record store clerks, GC bros, club sound guy, whatever? how much of your music is given to you by artists, clients, other engineers, your record store, swaps at live shows? the average music listener doesn't write off all his music purchases at the end of the year, either.

what about mp3 blogs of 50 year old bollywood surf soundtracks, weird old british prog, or other various, impossible to find gems? how can we let free radio be broadcast into machines that contain recordable tape decks?

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Post by E Car » Mon Oct 08, 2007 10:33 am

It's complex so it's okay not to understand that it's stealing? I don't agree.

Understanding property rights--and that includes intellectual property is key to achieving just about any change you want to bring about--from economic growth to a more just distribution of wealth.

You won't do this by saying "well, a whole bunch of kids are stealing music now so it must be okay. It's the label who need to change." That doesn't cut it.

I'm not saying--and I've never said that the settlement was appropriate, or just, etc--I wasn't there and I can't judge. That's why we have a jury system. Ever seen Twelve Angry Men?

As my last official addition to this conversation, I'll list a few of the most significant pioneers of the technology we are all using to even have this conversation.

Feel free to tell me which ones were doing it with no interest in financial reward and stringent (if not absolute) intellectual property controls.

If you'd really like to, you can also make a list of people who would have made even a similar historical contribution to the develpment of technology while working other jobs to provide for their families (as would have been the case if they had enjoyed no access to patents, copyright, etc.)

If you can't provide either list then maybe you'll say your viewpoint is wrong or shortsighted--to show others what kind of courage it takes to change the dominant thinking of the day. As so many of the people on the list below did, at considerable risk to not only their reputation, but also their career and their ability to feed their children.

Technology isn't something that just pops up one day, it evolves over time. And for it to grow, just like anything it needs protection--and it needs money, money, money. Like Radiohead, who can release a free album once after enjoying years of major label promotions, today's open source people have the luxury of writing code because those who invented transistors, computers, code etc. have created so much value that there is lots to go around.

And while the Mac OS may have a snowball's chance in hell at becoming the dominant OS, open source doesn't even have that. Unless it's picked up by a corp and monitized. People want quick updates, customer service, etc.

And they definitely don't want to write their own code, tinker, or cruise web sites for updates about kernel panic. (Most don't even want to install their own drivers.)

By your measure, should Kanye's new song Stronger use Daft Punk's sample for free?

If anything that can be saved digitally wants to be free, then please email me your Paypal account information, social security number and address.

And then, by your reasoning, if I made less than you last year I'll take what I want and be justificed. As you're the big bad capitalist and I'm the victim worker bee.

(Warning, I was starting my business and it wasn't cute.)

Your method asks people to take the same risk without any hope of reward. Would you ask people out if you knew you'd never get any action? Open a studio if you knew you'd never make money?


Okay: a very small list of the people who took incredible financial, intellectual and personal risk to bring you today's technology. Note the abject lack of nice guys puttering around "for love".

(And note that the list is infinitely more vast and likely starts in ancient India with the invention of modern numbers--also note that throughout history, technology has accelerated when and where adequate intellectual property laws have existed and faltered in those places where it didn't. If India had numbers first, why didn't they figure more out than the Romans, who were using Xs and Is? Could it be the rule of laws and ideas about citizenship and property?)

Nikolai Tesla--Had to fight tooth and nail for his patent rights. Was ripped off numerous times and lived much of his life without enough money to adequately carry out his experiments. Likely costing the public numerous tech advances. He pioneered radio, alternating current, and a whole bunch more. A true genius. Died basically broke even with numerous patents. He had to decide whether he wanted to spend time thinking and experimenting or sue people who were profiting from his ideas. Alternating current is what allows electricity to be safely transmitted over long distances.

Thomas Edison--Noted for his insistence on projects that turned quick profits. He fought Tesla's safer alternating current rather underhandedly (like by claiming it killed people) because he was heavily invested in direct current.

General Electric

Westinghouse

Bell Telephone employees (the transistor)

IBM--numerous computer related innovations including the PC and FORtran

Texas Instruments--miniaturized electric circuits

National Semiconductor--silicon integrated circuit

Intel--microprocessors

ARPA--the internet (They were a branch of the military)

The government and many universities certainly had a part--all of which cost money to develop and brought them very tangible gains in the form of economic and military advantages and greater enrollment, prestige, better scientists, etc.

While I appreciate your idealistic notions of guys in garages just goofing around (maybe you hold Hewlett Packard, Microsoft and Apple as proof of this), there are very few people who truly create something with no hope for gain--in music and in technology.

Giving away software these days is more likely to be fishing to be picked up by some venture capitalists than anything else. And to do that, what you make must be protectable.

Saying that your os and this board are free means very little. They are the stem on top of a cherry on top of a very large and sophisticated sundae--working so well and so effortlessly that most take it and how it developed for granted. Both open source and this board would be worthless without years and years of profitable intellectual property.

I'd guess that even the codes they were written in were originally developed for profit.

If you think sharing works efficiently, take a look at the numerous countries that have tried to implement it as a national policy: the Soviet Union, China, etc. Rampant human rights abuses, rampant worker abuse, stunted technological innovation, substandard consumer goods, frequent shortages, and ultimate failure (China is only holding on through liberalization--eventually they'll liberalize themselves out of existence like the SU).

This isn't to say that sharing isn't a great thing. Or even a goal. But if you think that free stuff is going to replace people making things for profit I'd suggest that you have lived a very comfortable life.

A condition that I hope continues to spread.

And with that I'm done sharing my information for free.

All the best,

Eben

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Post by Jeff White » Mon Oct 08, 2007 10:42 am

In the 1970s and 1980s (my childhood), one obtained free music from the radio. If you had a way to record "The Quiet Storm", you'd record it. I remember grade-school girlfriends in 1986 making me mix tapes that had DJs at the heads and tails of songs. My friends an I used to use our dual cassette decks (high speed dubbing anyone?) to make copies of each other's records, CDs and tapes. What did the RIAA do then? Didn't they file a lawsuit that was a super big deal and get a tax on the makers of blank tapes? Wasn't that like, well, a decade or so AFTER cassettes were popular?

It's the same thing now, only it's hurting them much much more. I refuse to get involved with the moral issues in all of this, because there isn't a single motherfucker out there who hasn't dubbed a cassette, burned a copy of a CD, ripped a friends' CD, etc etc. Everyone has done it, and right or wrong, no one can take the high ground on this issue. Call it living in modern times.

If you own a business you need to safe-guard your goods. Anyone with a computer in 1996 could have ripped a CD to MP3. That was 11 yrs ago. And 11 yrs ago, SACD and DVD Audio were supposed to be the next big thing on the horizon. I guess that the folks in the RIAA thought that higher fidelity was going to be be trend, and that the internet wasn't a problem because, ya know, no one could possibly send a CD over email, right? So MP3s are the cassette of the early 21st century. And the internet is the real problem, as it allows for that MP3 to multiply and spread everywhere. Farther than FM radio in the 1980s, apparently. The faster than real time transfer rate is not helping, either. And quality? Who cares. you should have heard how bad those girls' mix tapes were in 1986.

So really, we're seeing the fruit of the information age. And ya know what? The Recording Industry should have seen it coming. Does this pass the buck? Maybe. But stealing has been around since the dawn of time, and preparing for it is the best possible business practice if you want to stay in business. So now they're 10 yrs behind (and I agree with the person who said it) and going after a chunk of broadband. And really, it's the only way that they can recoup losses. And that'll get passed on to the consumer, and everyone will be happy again. Sure, the folks who only use the internet to email and go to the TapeOp Messageboard and who never post or play or download music will be paying more to do so, but that's ok, right? It's the same as the folks who were using blank tapes to record business meetings, classes, their own music... Imagine that... If you used a 4-track ever you had to pay the RIAA for the right to make music. Hmmm...

Jeff
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