This is downright bullshit and I'm surprised that these cases go as far as they do.
Software is a better example. When you buy a copy of Windows
XP or Vista, you're actually buying a
license not a disk. If that disk becomes damaged, you could call up Microsoft and get another copy of the disk for a nominal feel.
In fact, I order a shitload of software at work and the license and the media are seperate purchases. I pay $800 for a server license and Microsoft doesn't even give me a pretty box or a disk. I can download the software for free or I can pay $20 for the disk. If I break the disk...I order another
one and the license still applies.
Is it illegal for me to make a copy of the disk? No, absolutely not. I can make 1000 copies of the disk for MY OWN PERSONAL USE (or in this case, the use of the business).
Is it illegal for me to make a copy of the disk and give it to Shakes? I say this is a grey area, because HE is the
one who is NOT licensed so if he underwent an audit, they should nail his ass to the cross for using pirated software.
Let's talk music now.
The RIAA is a bunch of fucking assholes. I remember reading about how when cassette tapes (remember those?) became the standard over records the RIAA didn't want people recording their LP's to cassette. They lost that case and the law said that it's fine to copy your LP's to tape. Is it OK to copy your LP's to tape and sell the tapes? NO. What about give the tapes to your friends? hmmm, again, gray area in my opinion BECAUSE this looks like the same layout as software...if your friend isn't licensed for the music than they shouldn't possess it. But is possession of the MEDIA enough to prosecute?
In other words...just because I have a COPY of Microsoft WIndows
XP sitting in
my house, is that enough to say that I'm a pirate? Wouldn't it have to be INSTALLED and USED in order for me to be busted?
Let's throw another example out there...
Did you know you can buy an AR-15 assualt rifle which shoots semi-automatic. You can LEGALLY purchase the appropriate parts to convert that rifle to shoot FULLY AUTOMATIC. I didn't say you could convert it, I said you could purchase the parts. You can put the parts on the shelf in your house and think about how awesome it would be to install them in your AR-15, but the second you do it...you've committed a felony.
Back to the topic at hand...Is possession of MEDIA piracy? The last I checked, when a software company comes into the office with the lawyers and investigators, they investigate the computers to
see if the software has been installed and whether it is licensed.
So...If I have an MP3 on my computer...whether or not it's pirated or not...if YOU download it from me, it's YOUR ASS, not mine. It's not MY responsibility to secure the RIAA's music, fuck em. You download it, maybe you have a license, maybe you don't...maybe you own the CD and it's scratched...who knows.
I don't believe that they are reasonably trying to charge this lady with allowing OTHER PEOPLE to download these songs...unless I didn't read the article right. If she had a website setup where she was purposely distributing the songs...yeah, maybe...but using Limewire or Kazaa or any other type of peer to peer software...hell, the software automatically tries to share out a bunch of your shit and if you don't know what you're doing than you're a criminal? even IF you paid for those 24 songs?
fuck that. fuck this story. fuck those jurors. I can't believe a jury would expect a normal person to pay 2 million dollars to a
big corporation...that's a fucking laugh and a half