Eli and downloading (was: RE: [Marxism] Cyber-communisim?)

["Jose G. Perez" <jgperez@xxxxxxxxxxx>]

In his latest missive to this list, Eli reveals his complete political
solidarity with the capitalist copyright cartel and the music monopoly
mafia. 

He does this by talking about the "mental state of someone who illegally
downloads music."

Contrary to Eli's assertion DOWNLOADING MUSIC IS NOT ILLEGAL.

This was, for example, just EXPLICITLY reaffirmed by the Canadian
copyright authorities and is likely to be the position in most advanced
capitalist countries.

It is CLEARLY the case in the United States, so much so that NOT EVEN
the music monopoly mafia has tried to take someone to court for
"downloading music." That is because the law SPECIFICALLY BARS any such
claim.

>From Title 17, Chapter 10 of the U.S. Code:

"No action may be brought under this title alleging infringement of
copyright based on the manufacture, importation, or distribution of a
digital audio recording device, a digital audio recording medium, an
analog recording device, or an analog recording medium, or based on the
noncommercial use by a consumer of such a device or medium for making
digital musical recordings or analog musical recordings."

Yes, Eli, read it again: "NO ACTION MAY BE BROUGHT ALLEGING INFRINGEMENT
OF COPYRIGHT ... BASED ON THE NONCOMMERCIAL USE BY A CONSUMER OF SUCH A
DEVICE OR MEDIUM FOR MAKING DIGITAL MUSICAL RECORDINGS OR ANALOG MUSICAL
RECORDINGS."

Downloading a song from the Internet is *precisely* "making digital
musical recordings" "by a consumer" for "noncommercial" purposes.

In other words, Eli, you CAN'T EVEN GET INTO COURT claiming some has
downloaded say, 4,000 songs. Consumers have an unquestioned RIGHT to
make their own copies of music. 

I don't know where you get this affection for bourgeois legality and
morality, but at the very least, please stop preaching obedience to
"property rights" even the capitalist copyright cartels haven't
succeeded in imposing.

José





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