Should Online File Sharing be Strongly Prosecuted?
Reader Comments
copyright laws and sharing of materials
Nowhere in any of the discussion does any one mention the word "public library" I know this generation has plenty of money to buy copies of books and CDs they want to listen to--or feel that is more important than giving money to church or charity--but those of us in an older generation have read thousands of books and listened to equal numbers of records, CDs and tapes that we never paid for and were never considered as breaking any copyright laws. To this day I listen to at least one CD or book on CD every week while I drive to work that I get from a library. Sure they pay a bit more for a copy of the book, CD or DVD, but no one has suggested we charge a copyright fee for every person who benefits from theses materials.
I am not in favor of unlimited downloading of copyright materials, but there must be some consideration of what people can afford to do and how much educational value there is in reading or listening to various materials. Selling ( profiting monetarily) an illegally copied material is a different issue and should be monitored and prosecuted.
Besides the idea of public libraries, people who do buy copies of books, magazines, CDs, DVDs, etc frequently pass them on to friends who in turn buy another item they exchange. I could never have afforded to read the thousands of books I have read if I had to buy them all new. Those I own come primarily from used book sales.
Another note,
If for instance I download an album of the internet insted of paying for it, what do I do with the money I've saved?
I simply spend it on something else.
Couldn't one argue that making it impossible to download music would in another way damage other business???
Just a quick note on sharing
If you buy a cd made by an artist of your choosing, and your friend also liked that artist, would you not let him borrow that cd? Now two people have the music off that cd. File sharing online is not really so different than in real life. The act of sharing is there regardless. With the use of such online file sharing programs as lime wire, you are sharing your files with any one else using that program. It is not really illegal. I agree that Stars maybe making less money but so what if they are down to 1 mill a year? Normal people have to survive on far less. Just cut us a break.
It's Ok, everyone's doing it?
Dr Mr. Lessig,
Your comparison of “Prohibition” in the 1930’s and today’s “Peer to Peer Sharing” is weak at best. During the period of Prohibition, Bootleggers and Speakeasy’s made money from selling booze to customers. Their activities were illegal, but unlike “Peer to Peer, Sharing”, neither the Bootleggers nor the Speakeasy’s gave the booze away free – they actually sold their goods and made money. After Prohibition ended, the companies that produce Beer and Liquor make money from selling alcohol to millions of people.
The one constant (legal or not,) is the “Selling” part. Money exchanged for goods received.
Your comparison could have instead been, (albeit bizarre, not too far off from your 1st example) the story of Jesus of Nazareth feeding a crowd of 5000 with five small loaves of bread and two small fish, and then just substitute the fish and bread with 1 bottle of Jack Daniels instead, (Don’t forget to mention that all 5k got really tanked too - on 1 bottle!)
The folks that make Jack Daniels would be none too thrilled, son of you know who or not - he’d (Jesus,) have had to face all kinds of law suits as a result. Is it more accurate to say the act of stealing is somewhat intoxicating? You get that thrill of taking something you didn’t pay for along with not getting caught? And so, if enough people continue to do the wrong thing, because there’s enough of them doing it, that makes it OK? No. Stealing is stealing.
It’s both legally and morally wrong. If your kid steals, they should be prosecuted for doing so. Parents need to take responsibility for teaching their children the difference between right and wrong, not how to justify something - just because a large group is doing it, it is somehow OK that they do it too. Weren’t the Nazi’s all about that kind of mentality? Mob mentality is dangerous. If parents respected, (at all?) the creators of the art all of us enjoy and take for granted, they’d take an active role in finding out how things wind up on their computer in the first place- perhaps asking something like “Gee, I don’t remember anyone paying for this, how in the world did it get here?” Bottom line - If you don’t believe that Artists need to be compensated accordingly, you will when they can’t make a living doing their art anymore. In turn, we all suffer - wouldn’t you agree?
Yours,
W. Boyer
Every Coin Has Two Sides
Of course copyright infringement, piracy, ect. is stealing, but publishers demanding enforcement clearly has not been solving the problem.
The debate may need to be considered in a larger scope. The music and film industries seem most affected by piracy but consider this. Is 90% of the junk out there really worth its price-tag? Some of it you couldn't pay me to steal.
The latest Radiohead album was sold by the band via internet at whatever price the consumer desired. A lot of people certianly paid nothing, but many listeners were grateful and rewarded the band handsomely for their bold move.
These copyright laws and technicalities, as well as enforcement have been made over this country's short history and may not be up to the 21st century market-place.
It will take bold innovators to reap success in such a climate but it would not surprise me if this "piracy bubble" bursts eventually and a new model is unveiled. Perhaps leaner, quality oriented companies will be rewarded and mainstream artists will lose their "sky is the limit" price tag, but people will always seek entertainment and someone will always looks for a way to make a buck doing it.
file sharing
An artist works sometimes for years on a project. Sacraficing time in which they could earn a normal living wage. I'm an artist and I don't do it for the feeling I get when someone views or listens to my art. I do it because I need to. But I also do it because the system in which we operate allows me to make a living while doing it. If I no longer can put food on the table doing my art because people that used to pay for it now steal it, I will have no choice but to no longer produce it. I will not want to stop. I will have to stop. I'm speaking specificaly about the film business. Film art does not sustain it's self. It costs a lot of money and requires the investment of hundreds of skilled craftsmen. It represents years of blood sweat and tears, and countless human hours of hard work. If it's done well $11 is a pretty cheap price to pay to expierence it's magic. If file sharing continues the movie business, like the record business before it, will end. File sharing is grand theft! In the long term it will put hundreds of thousands of people out of work. It should be prosecuted and carry a substantial punishment.
copyright piracy
The connection between prohibition and the copyright piracy laws is obscure to me. Illegally downloading intellectual property is theft - plain and simple. If we are raising a generation of young people that don't see anything wrong with stealing, shame on them and shame on their parents. they are on-line crooks. Mr. Lessig's argument that, "...they live life with the idea that what seems "obvious" and "reasonable" to them is a crime." They get used to being criminal.", may be correct. However, I submit that they are already this way and have no respect for the law. They should be prosecuted.
Anti-piracy went too far
The government doesnt want piracy to happen yet every new measure implemented drives the piracy up.
I dont have much to add but I will say that the new measures companies like Electronic Arts are taking are horrendous. Their latest fiasco with this DRM system in the game Spore caused the game to be pirated twice as much in the first few weeks than any other game. The DRM was installed onto the computer without any notice or warning when installing the game itself or looking at the content of the boxes. The program even went as far as searching the PC for and disabling illegally downloaded files. After installing the game, you used up a precious install point and for those people who needed a new video card, their second point was used up. After doing any hardware swapping or another install, you used up the last point. The disc was then disabled and you either had to buy a new copy or you had to call a really horible customer service department and be treated like a pirate as you talked your way into getting your disc re-enabled.
These wars need to stop just like Iraq.
File Sharing
Although I have the greatest respect for Mr. Lessig, I can't agree with his premises. Comparing illegal file sharing to prohibition is a very weak analogy, at best. The former was government instituted restriction of individual freedom. The latter is the uncompensated use of intellectual property. They're not even remotely related.
And, although the government should certainly NOT be involved in the prosecution of illegal file sharers, we cannot remove restraints from these activities. We also can't stop it and we'll never be able to.
The best defense is education and alternative licensing done with the permission of the copyright holder. People who download or file share illegally typically don't accept or understand that they're stealing. Or they feel that the amount they're depriving a copyright owner of is so small that it just doesn't matter.....like a piece of penny candy. They need to made aware of the true damage being done and the massive amount of larceny to which they're contributing. They also must be made aware that it's the artist/songwriters they're hurting and not just major record companies that are generally held in contempt.
copyright's
It's just a way for someone to get money. It's like having to get an endorsment for riding a motorcycle, the state can get there paws into it but a 70 year old man that has never drove a motorhome can go by one off a lot and drive it all he whats without taking any kind of lic. for it. Years ago I would use a tape and record the song from the radio and no one ever thought much about that but know that they know that they can get the money for it, they do it. Once it goes over the air waves it should be free for anyone to record....People would take a record and tape it but that seemed to be fine back then also. Any way, in my view it is jst a way for the record companies or feds to get money....









