Everyone debates the "moral" issue with this, but it would be hard to change others' minds because it all ties back into what your beliefs of right and wrong are. Personally, I think it's wrong, but I don't expect anyone else to agree with me unless you have the same system of beliefs as I do, nor would I judge someone based on their belief about the morality of doing so.
You can, however, have an intelligent discussion about the LEGALITY of it. Whether it's right or wrong, it IS illegal. Period. Every published redording in the U.S., unless otherwise specifically stated, is copyrighted. For instance, here's the copyright clause on the first CD I pulled from my collection: "Warning: Unauthorized reproduction and/or distribution of this recording is prohibited by Federal law and subject to criminal prosecution." Plain and simple.
Here are a few points that people make about this:
1 -- "It's no different than making a copy of one of my own CDs."
That's not correct. When you buy a CD, you are buying a personal license to one copy of that work. You may copy as you wish for your OWN PERSONAL USE, but you are not to distribute the work to another party, including making a copy for friends. Your purchase of the CD implies your acceptance of that agreement, and that point has held up in court in the past.
2 -- "It's no different that recording radio music."
That's not correct, either. Radio stations are LICENSED by the Federal Communications Corporation for public distribution of recorded music. You again have a right to record music from the radio because the radio license has obtained right for distribution. Were you to sell recorded radio music, you would also be in violation of the FCC licenses.
The point made above about being no different than HBO doesn't hold water, either. HBO's license to distrubute copyrighted material for profit is secured by their FCC license. You, as a paid subscriber to HBO, have personal rights to that material for your own use. Were you to record something from HBO and distribute it to a non-HBO subscriber, you would be in violation of the copyright license.
When you download music or other copyrighted material without securing a right to the copyrighted material through purchase or written permission through the copyright holder, you are in violation of the copyright agreement. THIS IS ILLEGAL IN ANY INSTANCE. The artists that release the music are paid for their work by the purchase of the material from consumers. So, from a LEGAL standpoint, downloading the music is no different from walking into a record store, putting a CD under your coat, and walking out without paying. You are obtaining the music without purchasing the copyright to it.
Take the issue to the extreme. A band releases a new CD to the public. One person goes to the store, buys the CD, and puts it on the Web for download. 1 million people download the CD and don't pay for it. Now, 1,000,001 have the CD, but the band only gets royalties from one copy of the CD.
Now, I know that in reality artists are multi-millionares. However, new bands releasing albums aren't; some could actually struggle if their albums don't SELL well -- regardless of how popular it is.
That's the whole point to this issue -- our economy is based on free enterprise. You make a good product, you sell it to make a profit. People steal it, and you don't make money. Revenues go down and stock prices drop. Profits erode and companies have to cut jobs. Stock prices fall, and investors lose money.
Again, don't take this as a moral agenda -- it's just a commentary on the legality of this issue.
And, as with any other issue in life: Never condemn anyone for their actions until you are certain they understand the consequences for doing so. (kiss)
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