Gerk
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(Aug 30, 2008 - 7:17 PM)
@ foxfyre...
Your view on the simularity between someone borrowing your car vs. someone distributing a music file on the net is flawed. You would need to adjust your little senario to make it work. First, the car would not be "borrowed". It would be "copied" (or replicated). Second, going with your logic here, I can NOT own the rights to the car in the first place! I only agreed to the EUIA (whatever that would mean with a car) when I dropped my kids college tution down to pay for it. Third, if someone were to "copy" my car and subsequently "do whatever they wanted" with it - fine. There is no real loss to me. (You need a better example of demonstrating "Loss"). As well, using your example further, if the dealership decided that they didn't want me driving my car anymore, they can dictate such and I would be forced to comply (despite paying for the car). I would have absolutely no say in the actual USE of the car. If I did, I would be "breaking the law" as opposed to being "liebel" (read: sued).
Distributing music files via the internet is not an 'actual exchange'. There is no transference of a file, but rather a perfect copy made. It's not like drug dealing. It's not like shoplifting. It is not "theft", by definition. No one is 'taking' anything from another. It is duplication. The same as you do at work with the photocopy machine and all those newspaper cartoons that you post in the coffee room. The same as you do when you download that receipe from [enter search site name here] and then bake a cake. The same as when you sit down to watch all those TV shows you recorded (without expressed written permission, I might add, from the the networks). It may be a violation of the terms of use, but it is NOT stealing. The RIAA has done a very good job convincing you (and the US government) otherwise. (When was the last time you read about someone getting arrested by the FBI for recording TV shows for a neighbor while they were on vacation? Or the FBI used to arrest shoplifters?)
This guy, as was stated previously, had obtained the tracks from (most likely) an insider/well-connected individual(s). The REAL thief is the "insiders who work for the RIAA" that leak this material on-going (and it has been well documented that the source is usually an employee of the MPAA/RIAA). To date, there has been almost zero action from either the RIAA or the MPAA to police their own "control" over their product.
His stupidy not-with-standing, the actions he did certainly does not justify incarceration. A fine would be sufficient punishment, at maximum. A criminal record, that will follow him the rest of his life, is over-kill.
My 2 cents.
Peace