Torajima said:
When I was in college, we didn't have mp3s or the internet, so we taped music off the radio. This was perfectly legal.
I fail to see how downloading music off the internet is much different.
What you, and apparently the music industry, mistakenly assume is that every downloaded song equals a lost sale... nothing could be further from the truth. On the one hand, you've got poor college students who wouldn't have bought the music anyway... no lost sale there. On the other hand, you've got people like me, who sample music before buying the CD. There is actually some evidence that the shutdown of Napster may have hurt the music industry more than it helped, for this very reason. People were discovering new music, and many were *buying* it.
This is the argument I have used from day one. It's true of all of these arguments the RIAA and MPAA have made. In downloading music I have found that I have bought stuff more often. I feel that if I've downloaded and artist that deserves to get paid, I'll pay them and I'll also have quality songs that I know are great because I've ripped them myself. If music downloading didn't exist I wouldn't buy the artists' stuff anyway. So as I see it by downloading stuff I've actually given them more money, besides the goal of "art," which is what they're producing when they call themselves artists, is to get your stuff out no matter what.
The same holds true for that movie ad they show in theaters. Not all of those people profit from the movie, and most of them are paid regardless of how well the film does. The only thing that gets hurt is, guess who, the execs. In the case of movies it's more understanding that it's harder for the movies to be made if people get stiffed with the costs, but when most of the money for a CD goes to a representational body that has no other affiliation to the artists except through their labels it becomes a little harder for such claims to be made.
I don't think anyone has said it better than Torajima. Either the person is poor and wouldn't buy the CD anyway so there's no loss of sale and possibly a new reference if the songs are good. On the other hand someone may sample it and decide to buy. It's only the people who have money to buy such CDs and who are frugal with their money to the point that if they can get away with stealing they won't pay. There is also the chance that someone will hear the rest of the songs and dislike the CD, but all that does it make the general public happy that they didn't buy something they didn't like and that keeps negative feedback about the artists under control. After all if someone gets stuck with a CD they are more likely to badmouth it.
I'm still making this complicated so here goes:
Poor college student - downloads with no intent to buy anyway, so if the service didn't exists they still wouldn't be able to buy (however keep in mind they may buy later)
Sampler - either buys it or doesn't (representing normal sales anyway)
Full on Thief - has the money but won't buy anyway (there's probably only a 50% chance that they'd buy in the first place)
So what's the RIAA to do? Well, leave downloading be, don't sue the consumers who might buy your albums, and don't make yourselves look like an ass since you aren't the record companies themselves anyway and you couldn't be further from the artists who produce the music you get rich off of!
Also: we're forgetting here that we're buying a lossy copy of the song from the get-go so we're not even getting a copy of the exact song! With this limit in mind it would seem like you should have greater freedom with the iTMS AAC than the CD itself. Any derivative of the CD (MP3, AAC, etc.) should be treated with the same regard. That, my friends, is like the tape copy of a song from the radio, which is legal, AFAIK, since it's not a master copy of the song but a derivative.