Just so you know where I'm coming from (mostly so you'll quit imparting your own prejudice and assumptions), I'm no fan of the major record companies. I haven't been on a record company payroll for almost 10 years. I detest some of the standard practices of the record companies, both in the past and present. I am 100% an advocate for artists and writers. If they could make a career in the music business without the aid of record companies, I'd be all for it.
But sad to say, experience has taught me that record companies are a necessary part of the equation. They serve a function that most artists can't or don't want to do, namely all the unpleasant marketing and number crunching that left-brain people like artists are so averse to.
As much as everyone likes to fashion themselves as some kind of technological revolutionaries fighting the big bad record companies, when it comes down to it, when you deprive record companies their due profit, you're harming the artist. That's where I get pi$$ed off.
Most artists, Dave Mathews and Ani DiFranco being the rare exception, wouldn't have a career without the record companies.
We are talking about copywrited material.
If it's public domain, that's one thing...go for it.
If the newest garage band wants to bypass the existing system and market by giving away (or selling) 'free samples' over the internet...more power to them.
But if you don't like they way the record companies do business...do what we have always done...send them a message....QUIT BUYING FROM THEM!
I got a call from my old (and still Democrat) college roommate. He said, "You've got DSL? Go here you can DL songs."
I said, "Is it legal?"
He laughed as if when has that ever stopped a liberal...power to the people and all that.
I want no part of it.
Discussing the merits of the law on file swapping is one thing, but let's not be ridiculous here. There was music in this country before there were these huge record companies and the huge business it has become. The record companies have no basic right to exist anymore than any other business.
To use your terms, let's observe the law. Let the record companies use civil lawsuits to go after copyright violaters. That's their recourse.