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Free music or stealing?
Cox News Service ^ | 12-23-2002 | Phil Kleur

Posted on 12/30/2002 5:11:11 PM PST by Drippy

Free music, or stealing? By PHIL KLOER Cox News Service

WHEN Lucila Crena, a freshman at Emory University in Atlanta, turns off the light in her dormitory room at night to go to sleep, her computer is still working hard.

``There'll be like 30 things downloading at once,'' she says. By ``things,'' she means songs she is downloading illegally using Kazaa, a Napster-like program the music industry is trying to put out of business.

``Right now it's all Christmas songs,'' she says, ``but I've got a lot of swing and tango.'' She estimates she has 1,200 songs on her hard drive.

And yet, she acknowledges, when asked directly, ``I think it's wrong.''

Her roommate, Jolyn Taylor, agrees that downloading music on the Internet is wrong, but he does it also.

Trent Reznor, lead singer of the rock group Nine Inch Nails, has something to say to the Emory roommates: ``Just because technology exists where you can duplicate something, that doesn't give you the right to do it. Once I record something, it's not public domain to give it away freely.''

There you have the battle lines.

Crena and Taylor have technology and the sheer weight of numbers on their side. According to a new poll by Ipsos-Reid, an independent marketing research company, more than 60 million Americans have downloaded music via the Internet - more than one-quarter of the population older than 12. Kazaa, one of the most popular downloading programs (also called file-sharing, because they allow individual computer users to share their files), is growing at a rate of almost 300 percent per year.

Reznor - along with a massive cohort of popular musicians including Missy Elliott, Neil Young, the Dixie Chicks, DMX and Elton John - have the law and morality on their side.

But the side with the law and morality appears to be losing, at least in the hearts and minds of music fans.

The result is the biggest disconnect between the law and otherwise law-abiding citizens since the days of Prohibition. Tens of millions of people are blithely breaking the law - and they know it. And most of the time, they just don't see what they're doing as particularly wrong.

``Some people don't know what's right to do, and some people don't want to do what's right,'' says Frank Breeden, president of the Gospel Music Association. The GMA is one of many organizations that work with the Recording Industry Association of America , which spearheads lobbying, lawsuits and educational campaigns to try to stem the downloading tide.

``People see this as an invisible, seemingly victimless activity, when the truth is it hurts the ultimate small business person, and that's the songwriter,'' who does not collect royalties, Breeden adds.

Randy Cohen, who writes the weekly ``Ethicist'' column for The New York Times Magazine, says he gets regular mail from music downloaders who realize that what they're doing isn't really right.

``They're hoping I can justify it for them,'' he says. But he won't. ``The central moral point is that you can't take someone's work without their permission.'' he says.

But Cohen acknowledges that the widespread nature and extreme ease of downloading music have made it a unique situation.

``People do this who would never in a million years go into a store and swipe a CD. Something a lot different is happening. There are temptations no ordinary human can resist,'' he says. ``And from the point of view of a kid, the music is already on her computer. It's all very good to say it's wrong, but the kids will just take it.''

Indeed, downloading is more a young people's game. The Ipsos-Reid poll found that more than 60 percent of people age 12 to 24 have downloaded music from the Net, compared with 19 percent of those 35 to 54.

That makes it an issue for teachers to grapple with sometimes.

``The students do not see anything wrong with it,'' says J.T. Gilbert, who teaches religious education at St. Pius X High School in Atlanta. ``(But) I don't necessarily blame my students for their naivete. To me the parents are the moral guides to their children's life. What we cover at school needs to be followed at home.''

Cohen blames the record industry for allowing matters to get to this point by overcharging for CDs and being slow to set up legal downloading systems.

In fact, just about everybody blames the record industry (except people who work for the record industry).

``I can't come up with an ethical argument to defend downloading, but I feel like I'm ripping off some big corporation, which doesn't feel as bad,'' says Mike Garmisa, an Emory senior. ``Companies are definitely fixing CD prices, and artists are getting such a small percent of the price.''

The music industry is fighting all this with every resource it has.

CD sales are down about 11 percent so far this year compared with last year, according to Nielsen SoundScan, while sales of blank CDs are expected to jump more than 40 percent this year, according to the Consumer Electronics Association.

Critics of the industry say there's no proven link between declining CD sales and soaring music downloading; the industry says it's obvious what's happening.

In addition to legal remedies - the industry is trying to put several file-sharing companies out of business, just as it did Napster - the record labels have also pushed their artists front and center in an attempt to convince downloaders that what they are doing is wrong.

A new group funded by the Recording Industry Association, called MUSIC (Music United for Strong Internet Copyright) has started a series of TV ads and a Web site (www.musicunited.org) featuring musicians speaking directly to their fans.

``We really look at it as stealing, because ... you're not paying for it,'' says hip-hop star Nelly.

``I'm all for getting a taste of something before you buy it, but when it becomes more than a taste and people begin hoarding the entire work, it becomes piracy, which results in a system in which artists are not being rewarded for their work,'' says Vanessa Carlton, who broke out earlier this year with the hit ``A Thousand Miles.'' Others, from Luciano Pavarotti to Eminem, also sound off on the group's Web site.

Ken Vaux, a fellow at the Center for Ethics and Values in the Garrett-Evangelical Theological Seminary in Chicago, doubts the campaign will work on kids who have come to expect free downloadable music as virtually an entitlement.

``They'll say Eminem is 100 times a millionaire. Who cares if he doesn't get a royalty?''

The best solution, practically everyone agrees, would be for the record labels to set up their own system, where fans could download music legally for a reasonable fee.

``The record companies have only themselves to blame. They're dragging their feet, hoping they can still charge 20 bucks for a CD,'' says Cohen.

The labels have made a tentative start, with fee-based systems like MusicNet and PressPlay. But the systems still have huge gaps in their music libraries - the Beatles, the Rolling Stones, Alicia Keys, No Doubt and Billy Joel are among many major musicians not yet available. All are available on free, but illegal, systems like Kazaa, Morpheus and Grokster.

``It's still wrong to do this,'' Cohen says, ``but the law has to seem reasonable to people.''


TOPICS: Culture/Society; News/Current Events; Technical
KEYWORDS: musicnewsripping
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To: Bush2000
allowing concert-goers to park on your property and listen to peripheral noise

Read more carefully, please. I didn't say they would stay and listen, just park.

301 posted on 01/01/2003 1:18:11 PM PST by Lower55
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To: Lower55
Ten survivors in a lifeboat. There are six men and four women. They decide all rules/laws should be democratic. (voted on and passed with a majority vote) A motion is made that all women should become and remain nude until landfall or rescue. They vote. It becomes law. The women are stripped from their clothing. So much for your "laws are great" rants, huh?

Keep trying. I'm sure you can come up with even more outrageous and unrealistic analogies that have no bearing on reality.
302 posted on 01/01/2003 1:43:18 PM PST by Bush2000
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To: Lower55
Read more carefully, please. I didn't say they would stay and listen, just park.

Ah, so you downloaded those MP3s inadvertently/accidentally?
303 posted on 01/01/2003 1:44:10 PM PST by Bush2000
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To: Bush2000
I'm sure you can come up with even more outrageous and unrealistic analogies that have no bearing on reality.

There is nothing unrealistic about this alanogy.

It's the same as the seat belt laws.

It's the same as age limits for voting.

It's the same as age limits for drinking.

It's the same as age limits for driving.

It's the same as (this one may affect your neck of the woods) sodomy laws.

It's the same as limiting free speech.

It's the same as copywrite laws.

You stick with living in your la la land where everyone should conform to the wishes of a few.

304 posted on 01/01/2003 3:38:21 PM PST by Lower55
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To: Bush2000
Ah, so you downloaded those MP3s inadvertently/accidentally?

No, they were there for the taking. I didn't leave my home to take anything from anyone.

If someone stacks their porno tapes on your desk, do you have the right to watch them? Or even copy them? Or would your past return to haunt you if you did?

305 posted on 01/01/2003 3:43:13 PM PST by Lower55
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To: Lower55; Rockitz
Rockitz had you pegged when he said, "So you are merely an antagonist with no purpose- as I suspected." You're a misanthrope. A freeloader. And, if you had any balls at all, you'd post your name and address here so that the FBI could give you an opportunity to test your convictions. But you won't. You'll hide in your backwater sh*thole in Mississippi and complain about how the big, bad people in Washington passed legislation that makes you and your inbred hillbilly buddies criminals when you rip off music. 'night, coward.
306 posted on 01/01/2003 7:44:54 PM PST by Bush2000
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Comment #307 Removed by Moderator

Comment #308 Removed by Moderator

To: cryofan3
And you're posting to me because...?
309 posted on 01/01/2003 9:15:01 PM PST by M. Thatcher
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To: Bush2000
You'll hide in your backwater sh*thole in Mississippi and complain

You, my foul-mouthed little friend, and your fellow Patty Murray constituents, couldn't hold a candle to my intellect or my geographic location.

Usually when you have to resort to responses like your last one, you are conceding defeat.

So where you live is a resort destination? That's funny. You would have to pay people with my tax money to go there.

As I said before, on your best day you'll never be as smart as I am....on your best day. You'll never admit it just like Clinton won't admit he's a liar and a rapist, but in the red states we know what the truth is.

You are a socialist a heart, or at least somene who believes in a dictatorship. You have no individual thought. You are a parrot of your "so called" leaders. I would hate to go trough life so afraid of ruffling any feathers. I bet you have never driven over the speed limit in your life.

I think I have you pegged for most of the following......Highlight and respond which one is closest to the real you.

1. You have a Napoleonic syndrome and feel the need to act superior.

2. You are a hypocrite.

3. You are a teller of falsehoods.

4. You receive a check monthly with a government entity written on it somewhere.

5. You have a fear of more intelligent people.

6. You were abused as a child or as an adult.

7. You have deleted the songs you downloaded and now feel the need to overcompensate...like a former smoker.

8. You are a child playing with your stepfather's computer.

9. You are just plain jealous. (my first choice for you)

10. Your spouse left you for someone from Mississippi. (second choice)

11. You are planning to upgrade and move to Mississippi and you're testing the resolve of your future neighbors.

12. You just woke up on the wrong side of the sofabed.

310 posted on 01/01/2003 9:20:20 PM PST by Lower55
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To: cryofan3

Perhaps because when making music stops being a profitable enterprise, no one will want to do it.

313 posted on 01/01/2003 9:41:57 PM PST by Jhoffa_
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Comment #314 Removed by Moderator

Comment #315 Removed by Moderator

To: MySteadySystematicDecline
1) That's not a justification for stealing.

2) Why buy what you can steal?

The simple fact of the matter is you can run any artist out of business if you give his product away for free.

Then no one will want to be a artist. I know I wouldn't.

316 posted on 01/01/2003 9:53:45 PM PST by Jhoffa_
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To: MySteadySystematicDecline
#13)

Good addition to the list. Thanks

317 posted on 01/01/2003 10:15:37 PM PST by Lower55
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To: TheEngineer
Your analogy between paper money and intellectual property is false for several reasons. First of all, if someone takes your money, you've lost it and can no longer use it. If someone makes use of an idea you've come up with, it is not gone, you still have it.

The people who write and perform the songs still have them to enjoy or sell to whomever wishes to buy them.

If we buy your argument, that downloading music is just like trashing a whatever that is in your clever photo, then we must carry it to the bitter end. There shall be no more singing of "Happy Birthday," since it too is someone elses property from which we have freely benefited too long. "Public domain," you cry? Nonsense! If it belonged to the publisher 90 years ago, by what right does the government take it away?

If my words and ideas are my property (and I've had many of them published), then no one had better repeat or make use of any of them without my express written consent!

There is no rationalization here. Carried to the extremes expressed by the music industry, the idea of "intellectual property" has no moral roots at all.
318 posted on 01/01/2003 10:20:03 PM PST by zook
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To: Jhoffa_
2) Why buy what you can steal?

Have you everthrown away 8-track tapes that quit working?

Have you broken or had any cassettes go bad?

Have you ever bought an album more than once?

Can you take all your old 8-tracks and cassettes and exchange them for cd's? The record companies didn't give a hoot that the media that you bought had a limited life span. They're upset now because there is a better chance it will last longer, much longer.

Also, You won't run any artist out of business if you give his product away for free. In fact he makes almost nothing on his product. His money comes from concerts and appearances. The more people with access to their product, the more likely they are to show up at a concert.

I would give anything if I put a cd on Kazaa or Morpheus or somewhere and 20 million people dowloaded it. I could then create a website and sell cleaner copies of the cd way cheaper. I could sell t-shirts, pictures..whatever.

Song downloading is the best thing that could happen to artists. It's just that some are too brainwashed or ignorant to see it.

You could be a star within a week if you had a great song and word of mouth encouraged everyone to download it. The concert offers would become staggering, and you wouldn't have to be controlled by the pimps at the labels.

319 posted on 01/01/2003 10:34:59 PM PST by Lower55
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To: Bush2000
There you have it. Bushy loses the argument. After all, a freeloader takes things that are free. The music is free and we can download it! Even if we don't live in Mississippi (Bushy's bigotry noted).

320 posted on 01/01/2003 10:42:19 PM PST by zook
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