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

From: Martin Peach <martin.peach@email-addr-hidden>
Date: Thu Jul 08 2010 - 01:58:39 EEST

Mark Knecht wrote:
> 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?

Some more:
3a) Musicians are playing a live show for a standing audience. You are
not even in the room but the music is so loud you can hear the whole
thing from across the street. Still you enjoy the music and even dance
to it. Right or wrong?

3b) Musicians are playing a live show for a standing audience. You are
not even in the room but the music is so loud you can hear the whole
thing from across the street. You hate that kind of music and it keeps
you awake. Right or wrong?

Maybe we could get paid if we are forced to consume a copyrighted work
against our will?

Martin
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Received on Thu Jul 8 04:15:02 2010

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