Posted on 01/25/2007 10:57:29 AM PST by Ernest_at_the_Beach
I am most serious. I sparred with a lot of guys on this subject a year or so ago and, although they would argue most points I made, when I said downloading is completely legal they became curiously silent on the subject. They would answer by attacking other points. But changing the subject is not an effective debating tactic.
Downloading copyrighted music is clearly not legal.
By downloading a copyright portected work you have made a digital copy and transferred said copy outside of the license under which it was originally sold. This constitutes reproduction (which is illegal) as well as participation in distribution (which is illegal).
I'd be interested to hear your defense, and how you reconcile such arguments in light of recent court decisions, the DMCA, and, perhaps more importantly, your conscience.
Is there a foolproof way to maks one's IP address when using a torrent client such as uTorrent?
I am not involved in this because there is so little music worth downloading these days.
I was not accusing you of changing the subject, jus mentioning that others did in the past. :)
Although many have claimed that downloading is illegal, the veracity of those claims has always been extremely lacking, especially when discussing the situation where one "friend" is copying another "friend's" music for their own personal use, be it an analog cassette recording of a record, or a digital recording from one computer to another (which would include P2P).
All of the cases involve uploading. The case of this thread is a classic example of that. It is even mentioned in the text that "downloading" by the defendent is not germane to this case.
When it comes to this subject and the courts, it is all about uploading. And with millions of unsecured wi-fi base stations making their way to peoples homes, there is no way to stop the flood.
Heck, when I moved I had to wait a full month to get my cable access. In that time I was just using my three neigbors wi-fi.
Sometimes my music room computer loses it's connection and automatically reconnects, and all by itself it picks one of my neighbors connection. I find out when I try to print something and realize I can't print is because it is connected to the wrong base station. ;)
Good point. Even if you have stolen an item, a physical item, and have it in your home, the authorities are supposed to get a warrant to come in and get it from you.
You think the neighbor was curious why their printer started? LOL
Case law says that downloading music is in fact a violation of USC Title 17. Most recently a default judgement was ordered in the Santangelo case.
What one earth would make you think that copying something that someone else had copied from the source disk was somehow legal or OK? There is someone who owns the distribution and reproduction rights to that performance. That person is entitled to royalties under USC Title 17. Personal use ends at the backup copy made by the licensee. While you have a legal right to rip an electronic copy for your won personal use, and further electronic copying is illegal - and both parties are often culpable.
What about public domain works?
PS works over 50 years old (including Elvis and Sinatra) are public domain in Europe now. Big Media isn't happy about it.
she doesn't really know how to remove files I guess. she should have just removed the hard drive.
Downloading copyrighted news articles (from Free Republic) is clearly not legal. By downloading a copyright portected work you have made a digital copy and transferred said copy outside of the license under which it was originally sold. This constitutes reproduction (which is illegal) as well as participation in distribution (which is illegal). I'd be interested to hear your defense, and how you reconcile such arguments in light of recent court decisions, the DMCA, and, perhaps more importantly, your conscience.
>>What one earth would make you think that copying something that someone else had copied from the source disk was somehow legal or OK?<<
Observation and experience. And lots of reading.
Downloading copyrighted works through P2P file sharing programs was ruled LEGAL under Canadian copyright law a few years ago and the Judge here used that same example of libraries with Xerox machines.
I pay a couple of cents 'CDR levy' on every blank CDR I buy that "compensates" copyright holders for home copying of copyrighted music - exactly as the music labels lobbied our Govt for...since they ARE 'compensated' THE WAY THEY ASKED FOR for my copying of their copyrighted materials then I sleep just fine at night secure in the knowledge that my downloading is LEGAL under our law and MORAL too [not my fault they made themselves a bad deal - be careful what you wish for eh? lol].
"Downloading copyrighted music is clearly not legal."
Clearly not legal WHERE? Under WHOSE laws?
Clearly LEGAL here...OUR court system RULED it so under OUR laws.
RIA-AMERICA always forgets it's called a WORLD-Wide Web.
RIAA's kind of 'Ugly-American' ARROGANCE is why they will lose.
VIVE LE REVOLUTION!!!
I'll just BET they arent lolol...what about the Mouse That Roared...in the good ol 'US of Corporations' they make sure that whenever The Mouse is about to go 'public domain' that the term of coverage for works under US copyright gets extended again...if The Mouse That Roared can help it nothing made since Steamboat Willie will EVER go Public Domain again, or at least not as long as The Corporation has enough $,$$$,$$$,$$$.00 to grease US politicians campaign coffers through to the NEXT millenium, lolololol
My post refers specifically to copyright protected works as recognized by USC Title 17.
Free Republic goes to great lengths to ensure that articles posted here are properly handled under current copyright laws including, but not limited to, fair use. I will admit that I rely on their moderators to manage the content properly, and it appears they do a pretty good job. It should be noted that many articles are excerpted or headlines only with a link. The source companies and copyright owners have policies in place and I endeavor to adhere to such policies.
I find your rationalization of theft appalling.
Then move to Canada...
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