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Old 09-11-2003, 10:29 AM   #5 (permalink)
tinfoil
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Location: Springford, ON, Canada
Well said, TIO.

I am a musician, and at one point supported myself as one. Now I am just a hobbyist. I don't agree with file-sharing, it *is* wrong and the RIAA and it's members are right in trying to stem the traders.

However, we can not allow the industry to run over our rights like they are right now. DMCA subpoenas and lawuits go against the grain of everything logical and sensible. Before the DMCA, copyright holders would actually have to work to *PROVE* their case. Now, they send in a subpoena against an IP address and sue the person that used that IP address without actually investigating whether or not it was the person they are suing that was violating copyright. What if the person had a (mistakenly or otherwise) open WiFi network that people were using without permission? What if it is a 12 year old that may or may not be old enough to understand copyright law? Afterall, a person at 12 years old isn't held to the same standards as an adult in legal cases so why should they be held to the same standards as an adult in a civil matter?

You are very right. Copying music you don't own is illegal. Yes, people do not have a right to music. However, they do have rights when it comes to the music they have purchased. They have the right to make a copy for themselves, either to the same medium or to a different medium. This was given to us in 1984 with the Sony VCR case, the right of fair use and time / space shifting. The RIAA is taking this away by introducing copy-protected CDs. They are breaking the law and they too should be held accountable.
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