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Forum nameThe Lesson Archives
Topic subjectLeaving out moral judgements and personal biases.......
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=17&topic_id=145828&mesg_id=145913
145913, Leaving out moral judgements and personal biases.......
Posted by denny, Mon Nov-08-10 02:17 AM
There's alot of misinformation in this thread. I also think the RIAA has spread untrue information throughout the internet. I didn't know much about the legalities of this issue before tonight and am still not an expert but.....

To address the post head-on....it would seem that pirated music IS available for free on the internet and it's not illegal to download it in Europe, Canada or any of the states in the US that I've come across.

In regards to the case cited in the original post.....The defendant is not being sued for downloading the pirated material for there is no such charge existing. They are being sued for sharing it/providing access to it for other users.

This is a very important distinction and shows why one can get sued $60,000 for one song. If the song is available for a $1.00 payment and 60000 people get it from you for free....in most states you're on the hook for $60000. If the actual act of downloading were illegal...you could only get sued the $1.00 payment that you avoided.

In Canada, we've made the legal distinction between 'unknowingly' providing pirated material to downloaders and 'knowingly' providing access. This distinction has not been made in the States and is the reason common people are getting sued for outrageous amounts.

As it stands now....the pirated music one downloads is both 'free' and 'legal' so long as they do not provide access to it for other users. The RIAA cannot resort to any other charge such as 'possession of stolen property' because pirated music cannot be defined as 'stolen property'. The rightful owners of the material have not been legally denied the use of their property.

In short...it would seem as though at this present time, music is indeed, free.