The Mudcat Café TM
Thread #122620 Message #2761599
Posted By: Bill D
07-Nov-09 - 12:47 PM
Thread Name: $675,000 Award in Downloading Case
Subject: RE: $675,000 Award in Downloading Case
This is a problem with no real solution. Technology meant to provide ease in distribution had also provided ease in duplication. LPs were taped, but tapes were never 'quite' as good, and took time and work make dupes...(I once saw 8 tape decks stacked in a rack in order to make multiple copies...and this was LEGAL, by the owner.)
Now, as we are all aware, anyone with a computer can dupe almost anything, and preserve the original quality if they wish. Some artists put up only short clips or samples, and manage to sell some 'full' CDs that way, but someone who is determined can usually find a way to get around the limitations...eventually.
Obviously, this situation is a bigger problem in the hot, volitile pop-music market, where 10s of thousands of artists and groups are competing. If they DO 'make it big', the efforts to steal their stuff gets more organized.
In folk, it is not 'quite' such an issue, as the basic culture is different, but obviously, any artist who takes the trouble to market their music would like to maximize legal sales, and if they write their own material, the concerns are multiplied.
What to do? I suggest that folks consider M. Ted's remark seriously:
"Those of you who have taken a firm stand on this issue may be premature in your judgments--"
My own thinking on this is that it is similar to jaywalking laws. Most cities have clear rules specifying where one may cross the street, but they also know that total enforcement is impossible....but still the law, and occasional reminders and fines for particularly egregious jaywalking, need to be pursued. One thing is does is provide **precedent** so as to have a template for action when a jaywalker DOES cause a problem... like being hit by car and trying to sue the driver! "No...YOU broke the law by crossing in the middle of the block."
In the same way, anyone who attempts to do mass copying and/or distribution of copyrighted material will not be able to claim 'ignorance of the law'.
I have no idea why they chose THIS guy for their test case, or why they set the fines at $675,000, or whether they expect to get a dime from him, but now they do have precedent, and the news is out. It may just make serious 'thieves' more vigilant....and likely will not bother those in China at all.
I spend what I can on the music I like,,,which is not a whole lot...and yeah, I sometimes sample stuff I end up not buying, but the math, in my case, is that hearing the music from downloads raises the odds that I will buy it later. It 'may' be that I have some folk music in digital form that is technically illegal, but it is usually just that I haven't bothered to delete it and was only 'curious' when I got it. I have a couple hundred CDs,LPs and tapes that I DID buy, and I can only speak for myself when I say I will only "jaywalk" when it is unlikely to be an issue.