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How is downloading not stealing?

Just out of curiousity, how much of a dent is illegal downloading putting in the music inudustry? Significant? Insignificant?

Noone really knows, it's practically impossible to measure.

Of course the music industry says it costs them gazillions of dollars, others say it doesn't matter at all. Considering that the entertainment business is doing very well despite rampant "piracy" I'd lean towards the latter, but I have no idea.
 
That's a question for ten years in the future. We currently have a generation growing up who have never paid for anything or have any concept of paying for media. I have three nieces, none of them paying for a single thing. Are those people, when they become wage earners, become consumers? who knows...
 
The music companies lost my sympathies (if they ever had any) around the time they started cracking down on importation. Nothing to do with downloading, or illegal activity, just the fact that a CD in the UK may cost £15, while the same CD imported from the Far East or even mainland Europe may cost less than half that. They tried getting around that on DVDs with Region coding and the like, but CDs have no region coding. Not only could consumers buy direct, but shops and supermarkets started importing CDs from abroad as well.

So the music companies threw up a fuss and made it harder for consumers to buy CDs from abroad. So much for the global economy!

When it comes to stealing, I'd say that they started it!
 
The music companies are defacto stealing when they're integral to fucking up DVD publications of TV shows with licensed music content, without the consent of consumers who are willing to pay and thus inflating the black market.
 
That's a question for ten years in the future. We currently have a generation growing up who have never paid for anything or have any concept of paying for media. I have three nieces, none of them paying for a single thing. Are those people, when they become wage earners, become consumers? who knows...

That's the thing though. Jonathan Coulton's fans are all super mega nerds who know how to "steal" things, but people realize that buying his stuff allows him to continue making new stuff.
So he gives away all his songs for free but he's able to essentially make a living off songwriting because people are willing to buy his CDs or shirts or whatever.

I think people realize that if someone goes out of business, they'll stop making new material.
 
Just something that I was thinking about, and I'm curious to see how people would respond to this question:
Why doesn't an architect get paid every time somebody walks into his building? Just like a musician composing and then recording a CD, he's worked once but he's only been paid once rather than every time somebody makes use of his building.

They are two totally different business models and are apples and oranges in comparison.

Yes, I suppose it’s really down to business models. And in hindsight, I realize that the comparison isn’t great (I think I found a better analogy further down).

Still, what interests me is how come it is accepted by society that most people’s work is rewarded only once but in the case of movies, TV shows or music you have to reward the rights holders again and again and again (I’m talking about the work required to create the content or the original work, not the additional work required by distribution, for example).

I realize that many actors, musicians or other artists do not benefit in this way. They’re paid once for the job they do like everyone else.

I suppose it’s probably more interesting to raise the above question with reference to the copyright holders who haven’t necessarily contributed anything to the work creatively but continue to benefit over years and even decades and, more importantly, who benefit multiple times from the same people having to pay over and over.

Please note that I’m not trying to tie this into the whole piracy issue or use it as any kind of justification. I just wonder why it has become socially accepted or acceptable. I’m not surprised that the people who make money this way find it acceptable, mind you ;).

To put it simply and without getting into detailed explanations, what you're suggesting is that the architect charge for each person entering and exiting the building. This doesn't work simply because the equivalent to a musician would be that the musician charges for each time someone plays the CD.

I suppose a better comparison would be the pay-per-view model that exists for movies or TV shows.

Neither the CD or the building is property of the musician or architect, respectively. It is the work of the Architect/Musician that is sold via physical means. Even though music is digital, it still requires hardware to distribute it. This hardware is not free. It requires bandwidth. This bandwidth is not free. It requires time and effort to transcode the work. This time and effort is not free. Just as the buyer of the architect's design must then labor to build the end result and bring the architect's creative work to fruition, the same applies to the musician.

Distribution is a completely separate issue, I agree. It’s essentially a service or a service combined with manufacturing. But the process of creating the work itself that is then distributed only takes place once (barring director’s cuts or the likes which require additional creative work). The process of transcoding is also work that takes place only once.

That’s why I think it’s perfectly fair that you pay for the distribution and manufacturing of a DVD or for the maintenance costs for a legal download, for that matter. But I do wonder why you have to pay for the film again even if you’ve seen it and paid for it at the theater (a cost separate from the price you pay the theater owner for showing the film).

Again, of course, it’s down to business models. The business model as is yields more profits for the entertainment industry. But I think it is questionable that you basically have to pay again for something you’ve already paid for.

Now, to follow up on that, let me ask you a question. Would you be okay with someone making a copy of an architect's plans to use for their own personal use as long as they didn't harm the originals?

I think there’s a core difference here. The architect’s plans, essentially, constitute internal documents. They reveal far more about the building and how it’s crafted than a CD does about the music it contains.
As such, copying an architect’s plans is akin probably to industrial espionage, though I’m no expert on this topic.

Leaving that aside and focusing merely on the idea of wanting to replicate a building the architect has created some place else (which I assume is what you’re thinking of), I think it’s wrong.

It’s similar to the illegal distribution of music in that the creator of the work doesn’t get to decide how it’s represented. The music might be ripped at low quality, the building crafted with inferior materials and by inexperienced craftsmen.

It’s also very clear that the architect will never be rewarded for this since the user of the building already has a building and has no motivation to pay anything more later on. Contrary to an illegal download, even a building whose plans have been copied comes with a cost, namely the cost of building it. And that cost is still going to be relatively high.

This, I think is one difference when compared to some users of legal downloads, namely those who download but do purchase the official release later on. And there are many reasons for them to purchase later on, such as supporting the creative talents they like or getting higher-quality versions of the work.

Why doesn't an architect get paid everytime somebody walks into his building?
An architect with enough clout and chutzpah might be able to wrangle a deal like that. The only thing preventing it is that any architect who made that a stipulation would find him or herself out of work as clients hire the less egomaniacal competition. But an architect with a truly unique vision, who had no competition, could theoretically pull it off. It would never happen simply because architects aren't unique enough to make their designs truly non-interchangeable with the competition.

How do you figure they would have to be complete egomaniacs? Do you think musicians, for example, who receive royalties for their works are complete egomaniacs?
I’m just curious as to why you’d put it that way.

Anyway, your assessment basically falls in line with what J.Allen said in that it’s about business models. And I suppose that also answers my own question from above about what’s socially acceptable. If people buy it the way it’s offered, the business model has become socially acceptable. If not, you have to seek a different business model.

Interestingly, architects like Gehry have been accused of essentially stealing their own designs :lol:. If you hire Gehry, you’re buying a “Gehry” building. So, in a sense, you want something that’s not necessarily unique as a building but that stands out because it carries a certain brand name.

Anyway, I'm not sure that's a good example.

It’s probably not.

How about the example of a museum designed by, say, Frank Geary? Part of the attraction, and therefore part of the entrance fee, is the architecture itself. (If you can't charge for the fancy architecture, then what justifies the budget for doing it in the first place?)

I suppose the extra costs could be counted as marketing expenses since a building by a famous architect is likely to attract more visitors hence yielding more revenue. It pays for itself through higher visitor numbers. Most likely nobody would be interested in the Bilbao design museum if it wasn’t for the design of the building itself.

Still, that doesn’t mean they mightn’t slap on some extra charge (which people will probably be willing to pay because of the building).

Geary gets a one-time fee for his design; the museum charges users a per-visit fee to enjoy the interior of the museum. Same as the musician who gets a one-time fee from a distributor who charges a per-use fee.

That’s one version. The other would be to look at musicians who receive royalties whenever their work is played on the radio, for example, or when it gets used in film.
That makes me wonder: Why don’t architects receive royalties when their buildings are shown in films?

Just something that I was thinking about, and I'm curious to see how people would respond to this question:
Why doesn't an architect get paid everytime somebody walks into his building? Just like a musician composing and then recording a CD, he's worked once but he's only been paid once rather then everytime somebody makes use of his building.

The CD buyer is comparable to the building owner, not the person entering the building.

Yes, that’s probably true.

The architect is free to sell as many building designs as he/she can, just as the musician is free to sell as many CDs as possible. Obviously the two items are of much different scale.

There’s also usually a lot more customization involved in architecture. Each building is unique because it’s built some place else, and the prerequisites are different.
I suppose one of the problems here is also that the architects work is usually a lot broader. The creative part of coming up with the design is only one of many aspects.

If the building owner wants to charge people for entering the building, they're free to do so, it's their property, but that's beside the point.

This is interesting. Then why am I not allowed to charge people for listening to my CD?
Don’t get me wrong, I know the answer why. But it points to an inconsistency, I think, in the way movies or music are handled.

If you’re really buying a license, which, I think, is fair, then you should not have to pay again just because you’re picking up that particular piece or work in a different format (you SHOULD have to pay for distribution and manufacturing costs, of course).
Again, I’m not trying to leverage this in the piracy debate. It’s just something that bothers me as a consumer.

And, by the way, I think this is a really interesting discussion. I’m also happy to see how civilized it’s been overall.
 
True - it's not helping anyone, but that's not your call to make. A company that has the rights to a particular movie or TV show can do want they want with that item. If they want to withhold it from release, it's their call. A consumer doesn't have the legal right to download something just because they want to see it.

You are right, that is how the law works. But think of this: An obscure, out-of-print but copyrighted book contains some unique historical information. The author is dead, but the copyright lasts for 70 years afterward. A researcher needs info from the book. He has two options: try to find a used copy, or find one in a library. He can't find a used copy, and the closest library copy is hundreds of miles away. He gets a copy on Inter-Library Loan, but finds he will need the book more than the three weeks of the loan period.

If he photocopies the book, he has violated the copyright. But what is the harm? The author is dead. The market for the book is too small for the author's estate to go to the trouble of trying to re-publish it; the amount of money it would earn would be insignificant. Is the benefit to the researcher greater than the harm to the copyright holder? I would say it is. The copyright protection is benefitting no one. And if it seems like I have stacked the deck in this scenario, I don't think I have. This kind of thing happens to historians all the time.

That's why I think there are gray areas. Now, is the historical value greater than the simple entertainment value of watching an old TV show? Most people would say yes. But even entertainments have benefits to the culture as a whole, because they can influence and inspire other artists. And they will all have historical value eventually.

Copyright and patent laws, at their basis, are not about benefitting individuals, that is more of a side-effect. They are supposed to benefit the larger society by allowing artists, writers and inventors to get the full reward of their works, as an incentive to creativity. That is why they are mentioned specifically in the US Constitution. When intellectual property is discussed, it usually comes down the cost/benefit to individuals. But the overall societal/cultural benefit should be weighed alongside the benefit to individual creators.

We are in a transitional period where "new media" has outpaced older distribution and revenue models. There will eventually be new models, and the idea that intellectual property should be free for the taking will be remembered as a temporary aberration. The alternative has some pretty negative implications for creativity and innovation in our society.

--Justin
 
True - it's not helping anyone, but that's not your call to make. A company that has the rights to a particular movie or TV show can do want they want with that item. If they want to withhold it from release, it's their call. A consumer doesn't have the legal right to download something just because they want to see it.

You are right, that is how the law works. But think of this: An obscure, out-of-print but copyrighted book contains some unique historical information. The author is dead, but the copyright lasts for 70 years afterward. A researcher needs info from the book. He has two options: try to find a used copy, or find one in a library. He can't find a used copy, and the closest library copy is hundreds of miles away. He gets a copy on Inter-Library Loan, but finds he will need the book more than the three weeks of the loan period.

If he photocopies the book, he has violated the copyright. But what is the harm? The author is dead. The market for the book is too small for the author's estate to go to the trouble of trying to re-publish it; the amount of money it would earn would be insignificant. Is the benefit to the researcher greater than the harm to the copyright holder? I would say it is. The copyright protection is benefitting no one. And if it seems like I have stacked the deck in this scenario, I don't think I have. This kind of thing happens to historians all the time.
I think that the ethical AND legal thing to do in this case is for the researcher to contact the copyright holder and ask for permission to copy the book, OR for the researcher to make a case to the library for an extension of the loan. It involves extra effort on the part of the researcher, but just as the researcher would not ethically quote the book without a proper notation, he/she should not obtain the book through "illicit" means.

You present a good example, though...
 
You are right, that is how the law works. But think of this: An obscure, out-of-print but copyrighted book contains some unique historical information. The author is dead, but the copyright lasts for 70 years afterward. A researcher needs info from the book. He has two options: try to find a used copy, or find one in a library. He can't find a used copy, and the closest library copy is hundreds of miles away. He gets a copy on Inter-Library Loan, but finds he will need the book more than the three weeks of the loan period.

If he photocopies the book, he has violated the copyright.

I'm afraid I don't believe this scenario. It's just not true to life.

There are, for example, a number of alternative courses of action that you haven't considered here.

First: I'm not sure about other countries, but under Canadian copyright law, there is a fair-use exemption that allows researchers to legally photocopy a part of a book or journal--a single chapter, a single article, or 10 per cent of a volume's total length--for purposes of private study.

So, your hypothetical researcher could photocopy the essential 10 per cent, and take notes on the rest.

Second: if the book is really that essential, then your hypothetical researcher might well take a research trip solely to examine it, and take detailed notes.

I did this myself, just last summer: while on a research trip to London, I needed to examine a critical volume of an early-20th-century Irish newspaper at the British Library's Newspaper Archive. As luck would have it, the volume I absolutely needed to see had been classified "unfit for use." I begged, and whined, and pleaded that I had flown all the way from Canada just to see these papers, and finally, the staff relented: I could examine the volume in question, but only under their direct supervision, and with no photocopying allowed. So I spent a whole week taking old-school, pencil-and-paper notes, because it was just that important.

Third: if the book was that important to my research, but still in copyright, I might well bypass the book entirely, and check the documents on which it was based. Any book that is still in copyright is going to be a secondary source: if the information it contains is really essential, then any researcher worth their PhD is going to check the primary sources instead of simply taking the author at their word.
 
How is downloading not stealing?
How is having to sit through 60% commercials per hour and still having to pay a cable/satellite bill not stealing? ;) :angel:
 
True - it's not helping anyone, but that's not your call to make. A company that has the rights to a particular movie or TV show can do want they want with that item. If they want to withhold it from release, it's their call. A consumer doesn't have the legal right to download something just because they want to see it.

You are right, that is how the law works. But think of this: An obscure, out-of-print but copyrighted book contains some unique historical information. The author is dead, but the copyright lasts for 70 years afterward. A researcher needs info from the book. He has two options: try to find a used copy, or find one in a library. He can't find a used copy, and the closest library copy is hundreds of miles away. He gets a copy on Inter-Library Loan, but finds he will need the book more than the three weeks of the loan period.

If he photocopies the book, he has violated the copyright. But what is the harm? The author is dead. The market for the book is too small for the author's estate to go to the trouble of trying to re-publish it; the amount of money it would earn would be insignificant. Is the benefit to the researcher greater than the harm to the copyright holder? I would say it is. The copyright protection is benefitting no one. And if it seems like I have stacked the deck in this scenario, I don't think I have. This kind of thing happens to historians all the time.

That's why I think there are gray areas. Now, is the historical value greater than the simple entertainment value of watching an old TV show? Most people would say yes. But even entertainments have benefits to the culture as a whole, because they can influence and inspire other artists. And they will all have historical value eventually.


--Justin

That's a really good point. If a teacher photocopies a reading out of a book for everyone in the class, is it stealing?
 
If the building owner wants to charge people for entering the building, they're free to do so, it's their property, but that's beside the point.

This is interesting. Then why am I not allowed to charge people for listening to my CD? Don’t get me wrong, I know the answer why. But it points to an inconsistency, I think, in the way movies or music are handled.

If you’re really buying a license, which, I think, is fair, then you should not have to pay again just because you’re picking up that particular piece or work in a different format (you SHOULD have to pay for distribution and manufacturing costs, of course). Again, I’m not trying to leverage this in the piracy debate. It’s just something that bothers me as a consumer.

I don't think I follow the inconsistency part. As long as the intellectual effort (of the architect or musician) has to be translated into something physical (the building or the CD), the owner of the physical item can do whatever they want with it. You could charge someone to listen to a CD you owned, which is basically the same idea behind the video rental business. The intellectual part of the work has already been compensated.

If the intellectual work has just been converted into digital information, things are a lot different, because there is almost zero material or distribution cost and there is no physical commodity involved. A license-type arrangement could work for that, that may be the wave of the future, who knows?

I'm afraid I don't believe this scenario. It's just not true to life.

There are, for example, a number of alternative courses of action that you haven't considered here. [...]

I have to admit that I don't know if there is a fair use provision that would work in that scenario, I'm certainly open to correction, there.

As for the other objections: Not all researchers could afford a research trip -- students, for example. Taking notes is good, but doesn't always work for things like maps and diagrams. And a copyrighted book could be a primary source, such as a published memoir of a principal in a historic event.

But I don't want to get hung up in the details of my example. I just raised it to acknowledge that, though I am firmly against most "pirating," there are situations that blur the lines for me.

It's nice to see that there are people trying to think through these issues and weigh the implications; I have seen enough examples of the opposite. A personal story: My brother-in-law is in a fairly well-known US band. I have been with him at autograph tables, and kids bring burned CD-R's of an album for him to sign! He signs them because he feels an obligation to any fan. But that was too much for me and I made a comment to a couple of them. They cursed me like I was being unreasonable!

--Justin
 
For all the people who download music and movies for free, how is this any different than walking into a store and stealing a CD or DVD? Outside how easy it is, it's exactly the same thing. I suspect most people who do this would look down on and frown upon actually shoplifting, so why is it okay otherwise? Because you're not hurting a retailer, only the major producer? Where's the logic in that?
I'm interested in how people rationalize it.
My neighbor across the street has an antique rocking chair on his front porch.

I go over and measure the chair, then go into my garage and build an exact replica of the chair, and put it on my own front porch to use.

The neighbor, seeing my new rocking chair, calls the cops and tells them that I have stolen his rocking chair.

When the cops show up, they can explain to the neighbor the difference between "stealing" and "copying."
 
For all the people who download music and movies for free, how is this any different than walking into a store and stealing a CD or DVD? Outside how easy it is, it's exactly the same thing. I suspect most people who do this would look down on and frown upon actually shoplifting, so why is it okay otherwise? Because you're not hurting a retailer, only the major producer? Where's the logic in that?
I'm interested in how people rationalize it.
My neighbor across the street has an antique rocking chair on his front porch.

I go over and measure the chair, then go into my garage and build an exact replica of the chair, and put it on my own front porch to use.

The neighbor, seeing my new rocking chair, calls the cops and tells them that I have stolen his rocking chair.

When the cops show up, they can explain to the neighbor the difference between "stealing" and "copying."
Illegal downloading is illegal, hence the name. Copying a chair design isn't illegal, as far as I know. That's the difference. One is against the law, the other is not. Whether it is a just law is a different argument.
 
The antique rocking chair analogy is a pretty good one, but made better if by some chance, the neighbor across the street had a copyright or patent on the design.

The police would explain to him "This is copying, not stealing, stealing is when he takes your chair".

Then the guy would say "I have copyright and patent on this design!"

Assuming one could do such a thing on the design of a chair.......... that answers this thread right there.

That's how downloading isn't stealing. The guy would have committed copyright infringement, not stealing. They are not the same thing.

However they are both crimes. Just like 'armed robbery' and 'assault' are not the same thing, but are two separate crimes.

As usual, the correct answer is in between the two sides arguing fervently.
 
What if certain locations and words were severely copyrighted and you had to pay for them to put them in a book, then after that pay for them every time copies of the original book was printed out? The publishing industry would grind to halt due the illogical and unsustainable nature of the copyright.
 
I download legally through iTunes when I can, but sometimes they just don't have what I want. That's when I turn to... "less legal" means. Besides, don't blame the people who download, blame the people who distribute! Face it, if someone offered something to you for free, you'd take it too, right? ;)
 
I download legally through iTunes when I can, but sometimes they just don't have what I want. That's when I turn to... "less legal" means. Besides, don't blame the people who download, blame the people who distribute! Face it, if someone offered something to you for free, you'd take it too, right? ;)


Unless they were stolen goods.

Or you are saying you would knowingly accept a free TV from someone, knowing that it was stolen?
 
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