I posted this thread in Gnutella forums last month in a thread that had the name "We're sharing, not thieving". I believe it's quite related to your question, so I'll put a copy in here.
(Ps. I no longer write in those forums... it seems too childish at times)
And... yes, as Jon has said in the previous post, using the word "Piracy" is not adecuated.
QUOTE
Subject: Re: We're SHARING not thieving!
Date: June 23, 2002 @ 2:47 PM
Let's see if we can clear this up. I will try to be concrete.
First of, sharing.
We can compare sharing, as if we all could meet in a local, and there, ask for someone who has song X, or album Y, etc...
There, we would have many TAPE recorders (I say Tape, because MP3 is a lossy format) where the owner of the CD (LP, etc..) of that song, copies it and gives the tape to that user. (copying a tape is slow, as it is downloading a file).
This is the best model I can think of, representing the sharing idea. And this clearly shows that the one that shares a COPYRIGHTED material that is not allowed to be copied, is the one that is doing an illegal action. There's nothing to say against this, although we know we do this each day, giving or asking copies of CD's to/from friends and/or family.
This applies to the uploader. Now, what happens to the downloader?
The downloader is the one that gets the Tape. We can say he has payed the Virgin Tape (as we all pay something for internet connection).
From here, serveral question appear:
1st: Is having this "tape" illegal? Meaning... having *copyrighted material* we haven't payed for, is illegal? (we've payed the medium, not the data)
Well.. the answer seems also "yes". Isn't it?
But see the exact point: "we haven't payed for". If someone, after downloading the MP3, goes to buy the CD, he is in his right to have that MP3.
The question, how many go to buy the CD? well.. that's an unclear answer, but as we've seen in here, some do.
To conclude, what happens to those that don't buy the CD?
Well.. first, if he/she deletes the file, he/she is no longer infringing any law. point closed.
If he/she doesn't, then, appart from that he/she is infringing the law, how does this affect to the sellings? Or said in other words. How many of these remaining would have actually bought a CD if they couldn't have downloaded it?
I personally use file sharing apps to get some music that I should need to go to a specialised shop to get it. It is trance basically, from artists out of my country. So here, two things take part: me having problems to locate that music on "real life", and second, not buying music much often (Neither downloading!!!) In the last month, I believe I've just downloaded about 10 files (ten songs). All of them from different artists. Am I supposed to buy 10 different CD's to get ten songs I've found I like? My pocket can't afford that (I have to pay other things).
What I am trying to say (this has gone a bit confusing) is that I wouldn't have bought the CD if I couldn't have found it in internet, and what's more, in most of the cases, is is thanks to internet that I've known of that songs/artists.
I am not a strange case, there are many like me, and like the others I've said.
The only ones that actually "thieve" are those that after downloading the music, they commercialize with it. This is where the piracy really is. But *BE SURE* that if it weren't for filesharing, they would have found it somewhere else.
So, in the end... How much does Filesharing hurts the Industry? From my point of view (and from the point of many here), filesharing is that, sharing, making someone able to have something he is not able to have in another way, or that he wants to check out previous to have.
I hope my arguments are clear and don't hurt anyone. This is what I see that is happening. And this is what the industries should know. Killing filesharing does hurt more than help.
Oh.. btw... I nearly forgot... If filesharing affected music sellings... how much did affect the 11th of september and the recession (hope that is the word) it caused?
Thanks for reading.
edit
Addenum :
Usually people say
If I've bought the CD, I can do whatever I want with it. I've paid it. . This is completely wrong. You buy the medium (the CD) and
the rights to listen to that music (or view the DVD or whatever).
The problem with today's contents is exactly this: You buy rights, not something fisical. This is why it is that hard to decide what is good or wrong.
/edit