Downloading Replacements For Lost Media: Piracy?

Maus · November 2003

So, "a friend" is currently downloading whole albums to replace the records he lost when he moved house. He's already bought the songs once, and since you have the right to make copies of records (and other media) for your own use he's figuring he's perfectly in the right to do this. All he's doing is retroactively making himself a backup.

However, we all know that downloading music is bad, mmkay. It's something only devilchildren do, and all those devilchildren get sent to jail by the RIAA. So legally he's probably in the wrong to be downloading the records he has legitimately bought (but I guess a good lawyer would be able to make a strong case by presenting things like proofs of purchase).

Ethically though, is he in the right or is he a filthy pirate?

(a polite request: please try to avoid the kind of warez talk that would get a thread locked, mmkay?)

Sirus · November 2003

It's the process of buying rights to the music, not buying the CD. They don't care about the CD itself, but the fact that you've purchased the "rights" to the music.

So it's perfectly legal.

Smoke_Nova · November 2003

If he has consumer evidence he bought the actual album, he is legal.

Like i've lost a few of the actual CD's I own, but I download backups because I still have the jewel cases as evidence.

Island_Savage · November 2003

Ethically i would agree, since you have already bought the rights to the music, you should be able to download it again, and as much as your little heart desires. However i don't know much when it comes to the legistics of actually download music to replace what you may have lost. If you really wanted to know, go online and look at the some facts about the trials that have taken place in the past or recently.

lolfighter · November 2003

I can't say I know enough jura to say whether this is legal or not, but ethically I can see nothing wrong with it. He's paid for the albums. What he's paying for is the right to listen to them. He's not hurting anyone by choosing a different media to do so.

Dread · November 2003

If it's legally right...couldn't those people sued by RIAA just borrow cd:s from their friends to show that they've actually bought the cds? I mean...

uh...my brains are doing this BAD, EVIL thing without my permission, again <img src='http://www.unknownworlds.com/forums/html/emoticons/smile.gif' border='0' style='vertical-align:middle' alt='smile.gif'>

moultano · November 2003

Actually, hate to burst your bubble guys but that is completely illegal. According to the RIAA, the files on the internet aren't just equivalent duplications of what you bought. They are slightly different recordings even though they come from the exact same original master. Which means that downloading them is still piracy. It makes no sense whatsoever, but that is still their position.

When you buy music you are not in fact buying the rights to that music. You are merely buying the right to use that particular physical copy for your own use. If something happens to that physical copy, you're out of luck.

<img src='http://www.unknownworlds.com/forums/html/emoticons/confused.gif' border='0' style='vertical-align:middle' alt='confused.gif'>

Sirus · November 2003

I was always under the impression you were buying rights to the music for personal use.

Wow, as if the RIAA could get any worse.

Island_Savage · November 2003

but if they are slightly different versions than the originals, what rights have they to dictate over them, as much as the people who bought the rights to listen to the music have to use in whatever personal way suits them. Theres really no difference between the two. It just seems to be a double standard *smacks RIAA's avatar*

Quantum_Duck · November 2003

Regardless of how the RIAA feels, I think what he's doing is just fine. And I'm one of those crazy right wing religeous judgemental people. <img src='http://www.unknownworlds.com/forums/html/emoticons/smile.gif' border='0' style='vertical-align:middle' alt='smile.gif'>

esuna · November 2003

Again, as with a lot of people, from an ethical standing i can see he's doing no wrong.

I thought about this some time ago, one of my friends was paranoid because she was downloading music of old vinyl that she owns. The vinyl itself is pretty much just warped and useless, so downloading mp3s was a great replacement for them. I can't see what's so bad about people downloading something they either own or have already paid for, it's not like mp3s are as good quality as the actual cd.

Anonymous_Coward · November 2003

Meh, not the RIAA nor the music industry are ethical in and of themselves.

<table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE </td></tr><tr><td id='QUOTE'>Ethically though, is he in the right or is he a filthy pirate?</td></tr></table>

So you probably shouldn't worry about that.

BlackMage · November 2003

irony...
RIAA says: "the're slightly different you cant use them for backup!"
then they say: "oh no! there the same thing! thats piracy! give us money!"

Immacolata · November 2003

The law is stupid in this regard. Music media are sold as immaterial property, as software. You get the right of usage. So having bought the right to use means I should be able to acquire replacements as I see fit. As long as I get an exact copy, not a "newer better one", since I should be obliged to buy the newer, better ones.

Thansal · November 2003

ok, here is the deal, media piracy is a VERY GREY area of law.

There is something called fair use. Uthis basicaly what says you can back up ANY piece of media you own (be it a cd, software, or movie)

Again, the same set of laws alows for parody and other usage of media.

Many companies have started putting in lines that say you explicitly DO NOT have the right to back up your stuff.

Again, this is a VERY grey are of the law that often simply comes down to better lawyers.

Forinstance it would be technicaly legal for me to make 500 copies of my metalica album and give em to people so llong as no 2 copies are in use at the same time <img src='http://www.unknownworlds.com/forums/html/emoticons/tounge.gif' border='0' style='vertical-align:middle' alt='tounge.gif'>

p4Samwise · November 2003

CDs are digital media, so if you're using the same compression algorithm to rip two CDs of the same album to MP3, you'll get the exact same file. Consistently. No test you could perform on an MP3 downloaded from the Internet could prove that it didn't come from the CD that you bought yourself. It's the same bloody sequence of bits, regardless of how it landed on your hard drive.

RIAA = ignorant sluts.

Downloading Replacements For Lost Media: Piracy?

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