There's this issue of downloading mp3s and movies from P2Ps

[meteor]

There's this issue of downloading mp3s and movies from P2Ps, I don't do it as I believe is illegal, but then I read occasionally that is not illegal. Just wanting to know what do you think, though even if it's legal, I find that morally is not correct as you are clearly damaging the persons who created the music or movies.

 

[JasonRox]

I voted legal, but I don't download.

It all depends on what you're downloading, in my opinion.

You have to realize that there are artists (lots of them) out there who believe that music should go around freely. Download from them if you want. Of course, the recording company hates but the artist doesn't care.

Anyways, look at it this way. The likelyhood of getting caught is probably small.

I buy CD's too, which results from listening to other songs on the album. In fact, once I heard like 5 songs from a band I downloaded, I went out and bought all three of their albums.

 

[Greg Bernhardt]

I P2P and then buy

 

[Anttech]

It actually depends where you are. Last time I check in The Netherlands, it wasnt illegal

 

[Stevedye56]

I also P2P then buy.

 

[meteor]

It actually depends where you are. Last time I check in The Netherlands, it wasnt illegal

Ok, so you are suggesting that it varies from country to country...it's a curious thing, but again, maybe the real problem doesn't have any relation with legality per se, but with solidarity. Jason said that some artists would be glad to have their music distributed, but I reckon most of them feel really very galled when they see their creations shared in this way.

I've found this piece of news from a case in Spain, date 3 November 2006:


http://torrentfreak.com/spanish-judge-non-commercial-filesharing-is-legal/

"A judge in Spain has dismissed a case against a man who downloaded and shared copyrighted music on the Internet. It was dismissed on the grounds that the man’s intent wasn’t to make money"

"Judge Aldecoa said that a guilty verdict “would imply the criminalization of socially accepted and widely practiced behavior in which the aim is in no way to make money illicitly, but rather to obtain copies for private use.”

 

[Panda]

Your Question is flawed

P2P is legal
Distributing Copyright Material without consent is Illegal

One is a process the other one particular use of the process. You may just as well ask Are cars legal because some people speed?

The likes of Napster only ran foul of the law because they did not attempt to prevent the sharing of copyright material. EMule specifically tells you not to share copyright material without permission, and then makes sure it cannot directly determine who is or isn't in violation of it's T's & C's

If music or video has no copyright or an open license then the artist is using it as a loss leader to get themselves known and hence love P2P, if however they want cash they hate free P2P as there is no process for royalties.

The debate of course has levels of morality. Is it as bad to download a song to check it out before you buy as it is to download it for personal use? Is it as bad to download it for personal use as to give it to a friend to listen to?

I personally think that if you make no attempt to prolifically distribute or make financial gain from copyright material it, whilst illegal, does not warrant action.
I'm sure Bill gates see's it differently though.

As an aside if Vista cost $5 would microsoft make more total money as it would be cheaper to legally buy than illegally download, or is the corporate sector so large that losses through piracy are actually not that significant?