I also think most juries, if invited to apply their common sense, would accept that letting friends 'borrow' your music CDs and movies results in lost sales for music and movie studios even if those CDs, DVDs, and tapes are NOT copied.Originally posted by JmiF+22 April 2003 - 13:11--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (JmiF @ 22 April 2003 - 13:11)</td></tr><tr><td id='QUOTE'>I also think most juries, if invited to apply their common sense, would accept that file sharing resulted in lost sales to the record company.[/b]
And it's also why they want to plug the 'analog hole'... to make THAT illegal too!
There may come a day when, just like software activation schemes, that you can only listen to a song or watch a movie on your media center and you won't be able to share it with friends -- under penalty of law. It's already legal for media corporations to DO that, it's just not technologically possible.If we're going to pick nits, I'd like to point out that what is illegal may not be morally wrong -- and vice-versa! You've basically stated this in other words, but I am adding this to put it more bluntly. With physical theft, there are far fewer gray areas -- but with 'intellectual property' the concept of theft is very thorny indeed.<!--QuoteBegin--JmiF@22 April 2003 - 15:39Originally posted by -JmiF@22 April 2003 - 15:51
We agree almost entirely.Originally posted by -clocker@22 April 2003 - 21:45
I think we agree in the main, now we're down to picking nits.Originally posted by -JmiF@22 April 2003 - 14:39
Like I say I am not saying it is not an illegal act. Just that the crime is not theft.
In fact I think I am supporting your point. People donīt realise what they are supposed to be doing wrong. So they call it stealing.
However as you say itīs difficult to protect - defend yourself if you donīt understand what you are accused of.
I'm sorry but I cant accept that infringement of copyright law is stealing. I am not saying that is is not illegal, it is an infringement of the relevant copyright law. However it is not stealing.
In the UK The Theft Act (1968 I believe)requires that you intend to permanently deprive the owner of the goods you steal.[/quote]I agree, what we're accused of stealing isn't CDs and DVDs -- they're still in stores collecting dust because fewer people are buying them. What's really at stake is ideas and how they're being used.
"Thought crimes": RIAA is accusing us of stealing their ideas. But even that's not true, because we are just copying them -- not destroying/hiding the originals. So maybe we're just copying and misusing their ideas. Which is the reason why they want to outlaw even the most conservative form of 'fair use'... because what they think is 'misuse' is not what the law says -- even though they've been actively rewriting the laws in THEIR favor for a VERY long time...
Copyrights and Patents make it possible to corner the market and even in extreme cases to have only 0% of it at the same time... (like out-of-print books/music/movies and "strategic" patents that exist only for use as a legal cudgel against anything vaguely resembling competition.)
It is the creation of artificial scarcity for the sake of making a profit.
Monopolists drool at such power!
1984 (the book) mentioned how double plus ungood this is...
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