jragosta said:
I disagree. What he's doing is illegal and unethical....They will also easily obtain a court injunction to stop this. What he's doing is illegal from two perspectives. First, it's a violation of the iTMS terms of service (which allows only iTunes access). Second, it's a violation of DCMA.
...I happen to disagree - but that's because my company depends on the ability to protect our intellectual property in order to stay in business.
...The music owners have the right to do whatever they want with the music. You can legally (and morally) do what they request or live without their music....Your position is the same as a person who steals a BMW because he doesn't like the purchase terms....No, it's not your music. The music belongs to whoever the artist sold it to (usually a member of the RIAA). They sell you a license to use the music under a given set of terms. If you violate the terms that you paid for, you're stealing....
The music industry owns the music - and they're free to price it however they want. If you think the price is too high, your only legal and moral response is to not buy it. Not liking the price is not justification for theft.
This is a gross and dangerous simplification of Intellectual Property, which is a grab-bag of very complex rights, including copyright.
Music is such a total mess right now because of computers that most people can't see straight, so I like to think of books. I buy a hardcover edition of
Pattern Recognition: I can read the book the minute I get it home and I can keep it around for years dog-earing the pages, highlighting passages, making notes. I can even copy pages for reference or to give to my students to read. I can also lend the book to others or I can sell the book to a used bookstore and buy another book. These are my rights, because when I gave the publisher money, the bookthe physical lump of paperbecomes mine.
However, the ideas contained within still remain the author's and while I can quote the author at length in various mediums, I must request permission to reproduce the work in its entireity. None of the things above is stealing from the author or robbing the publisher of some imagination monetary stream, because I
ownthe book.
When I buy a CD, I should have the analogue rights: the rights to listen to the music at will, to make my own changes and alterations to it (ie mix tapes), to quote it (mash-ups, assuming I can credit the original author), and even make copies of it for personal use (backups, iPod, etc.) Now technology allows me to reproduce exact copies, but this doesn't rob me of my rights to make those copies, it is not my fault that I can make a perfect copy. The changes in technology did not suddenly make the rights I've had since the phonograph change, it may threaten your business model, but it does not and should not affect my personal rights in this paradigm.
However, in either case, I still do not have the right to distribute, sell, or otherwise profit from the book or song. In the case of music, if I make a mash-up, I should request permission to use the track.
But, by selling me a piece of music you are transferring some rights, you are transferring to me, the rights given under the ideas of Fair Use. I did not become a serf to your intellectual property in the process of giving you money.
The idea that by buying a CD or a song from iTMS and then putting it on my iPod, my computers, and CDs from my car is stealing is a facile idea brought on by soft-headed Shylocks who demand their pound of flesh.
Is P2P wrong? Yes. Are mash-ups using the Beatles and Jay-Z? Only if distributed. Is my use of two songs in an iPhoto slideshow robbing Led Zepplin of their dime? No. Now, if I make a movie that uses a Led Zepplin soundtrack and start selling copies, do I own Led some change. Yes?Consumers and authors both have rights, and the inability to understand this rather fair system has resulted in the total cluster-f*ck we call DRM.
As authors (publishers, musicians, various lawyers) demand more money for fewer rights, consumers rebel as they always do.
I respect copyright, , but I did not give you my soul so that I could hear a little jam once in a while. Your demand of every possible right just shows how greedy the entire system has gotten; you demand a penny for every pleasure. And I'm sick of it.