Re: [LAU] ASCAP Assails Free-Culture, Digital-Rights Groups

From: Mark Knecht <markknecht@email-addr-hidden>
Date: Wed Jul 07 2010 - 23:05:21 EEST

On Wed, Jul 7, 2010 at 11:28 AM, <martin.peach@email-addr-hidden> wrote:
>> So my question to the community goes something like this:
>>
>> (Assume everything is digital for now and there's no DRM so as to make
>> this easier...)
>>
>> 1) One person makes music and gives it away for free. That's his
>> business. I can get her music for free and he's happy.
>>
>> 2) Another person makes music and attempts to sell it. That's his
>> business. I can buy his music and he's happy. If I get his music some
>> other way he's presumably not happy, if he knows.
>>
>> 3) Another person makes music and isn't confident he can sell it so he
>> works with a company. The company and he have an agreement and they
>> are either happy or not happy with each other. It's immaterial to me.
>> Let's call it 'their' music since they are in business together. I can
>> buy their music and they are happy. If I get it some other way then
>> presumably they are not happy, if they know.
>>
>> The question about #2 & #3 is whether it's _ever_ OK to get the music
>> if I didn't pay. I contend it isn't. I don't _need_ the music. I
>> _want_ the music, or think I do.
>>
>> Why is this any different than taking two trips to the salad bar when
>> the menu said only one was OK with the restaurant?
>>
>
> I think it's more like taking two photos of the salad bar...
>
> Martin

I'll grant you the salad bar analogy suggests the consumption of
physical resources, but that's the easy way out.

Other analogies:

1) Musicians are playing a live show with assigned seats. You sneak in
the door and take a seat your didn't pay for. No one shows up claiming
the seat so you it and enjoy the concert. Right or wrong?

2) Musicians are playing a live show for a standing audience. You
sneak in and stand in the room. No one notices you are there and no
one hassles you. Right or wrong?

3) Musicians are playing a live show for a standing audience. You
sneak in and stand in the room. No one notices you are there and no
one hassles you but people who would like to pay are turned away
because the room's capacity has been reached. Right or wrong?

4) A friend purchases a DVD of a movie that cost $1M to make but
brought in $1B at the box office. You rip a copy. Right or wrong.

5) A friend purchases a DVD of a movie that cost $1B to make but
brought in $1M at the box office. You rip a copy. Right or wrong?

6) Some bad guys rob a bank but in fleeing the scene of the crime
throw money out the window to put people in the way of the police
chasing them. You are standing on the sidewalk when $1000 lands at
your feet. You pick it up and don't turn it in. Right or wrong?

7) Some bad guys rob a bank but in fleeing the scene of the crime
throw money out the window to put people in the way of the police
chasing them. You are standing on the sidewalk when $1000 lands at
your feet. It is raining and you see lots of money getting washed down
the storm drain where it will likely never be found. You pick it up
and don't turn it in. Right or wrong?

- Mark
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Received on Thu Jul 8 00:15:06 2010

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