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Originally posted by rEaL iGoR
Really. Come on. We're not talking about rape here. We're talking about animted GIFs.
We are talking principles here. So, the level of violation has little to do with the fact of violation. You (among others) are attempting to lay down the principle of property as being one that requires respect only if required to avoid hurting someone [we won't discuss the level of hurt which requires your moral notice]. Otherwise you can disrespect property at will.
I contend that such a principle isn't a principle of property at all and it is not a principle for which you can create a consistent, i.e. universal, law about. That is to say that your principle only works when the opposite rule is generally followed, here that people generally respect the rights of copyright holders.
The reason for this is that it is the general respect for property which encourages the production of valuable property without which those following the thief's principle would not be able to steal. Without the first principle obtaining generally, the latter principle could not exist at all. That a 'law' can only exist as the exception to the rule, rather than the rule itself, is the litmus test of unethical action.
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I don't have the need to steal anything. It's just that if you like a cartoon and you find a nice picture of it on the web, who would it actualoly hurt if you used him as an avatar on VBforums.
It hurts the copyright holder who has an exclusive right to the property which is now not exclusive because you feel no compuction in stealing his work. You never asked for permission, you are disrespecting him and his rights. Worse, you don't even see anything wrong with doing that, adding insult to injury. Harry W. wants to say that you wouldn't have paid for the right anyway (for all the difference that would make), but that is a very thorny issue.
First, Harry W. cannot provide any evidence whatsoever that a person's assessment of what he will or will not pay for an item is unrelated to the fact that the item is freely available on the black market for nothing but the time of day it takes to download it. I think this is an overly optimistic view of human nature. Certainly pays no lip service to supply and demand. This principle of 'pay for what you can afford and take the rest', even if it was conscionable in the first place, is impossible to apply as a principle. 'What I can afford' is a complex algorithm that is based on the relative perceived need and price of all the desired acquicistions in our lives. There are compromises and trade-offs we make based on relative prices and desires. 'Freely available' changes all that. Items which are 'freely available' drop out of the calculus. The long and short of it is: if I don't have to pay for my music (or any part of it) then I can 'afford' more of the other stuff which I do have to pay for. So, the whole formula collapses since 'afford' has to do with the prices I have to pay for things. It is all relative and a 'freely' available item is overwhelmed by the things we have to pay for. The only thing which prevents this collapse would be my own conscience that stealing is wrong, but of course, this is not the case. The only thing which is wrong is that which hurts people, since stealing music hurts no one it cannot be an ethical problem. Thus, we should steal all of our music.
So, I wonder at the scuples Harry W. puts forward, especially that anyone other than him scruples that way. If I do not have to pay for the music, then why would I? Especially when I see nothing wrong with stealing it? Of course, Harry W. would say that stealing when you could afford to pay is wrong, but 'afford' is so relative to the cost of things as not to be a restraint at all. A principle which cannot be applied is not a principle at all. I just have so many movies and concerts to go to, I simply can't afford to pay for my music. We all know the squeaky wheel gets the oil and the wheel that squeaks here is stuff I can't get out of paying for. Those are things I have to pay for and so the 'free' stuff gets pushed further and further down the list of 'affordability'. Funny, it seems I always run out of cash before I get around to paying for music these days. I only wish things were different.
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I'm not a lawyer or anything near it. In fact, I hate ethics.
Perhaps this says it all. You hate ethics? You hate being ethical? Glad I don't hang around with you. You're could be dangerous.
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I just think you should listen to your councience and do whatever you find more law-abiding. I'm just thinking about how serious your crime is.
I would say that the action which conforms with the law is the more law-abiding, no need to resort to conscience there. Again, this principle that non-serious crimes are perfectly fine to commit is a pretty strange concept. If people only obeyed laws which would be serious crimes if disobeyed, then we really would have few laws. One can always minimize the harm. What is the harm of you running the red light this time. The intersection is empty, so not much, right? Well, what if everyone ran red lights when they thought the intersection was empty? Does it make it any better that people use their own judgement regarding when it was okay to run red lights? Isn't that what we often do have anyway? And don't we bemoan and berate these people who don't think the law applies to them? Maybe it's just me.
Perhaps Harry W. is right. Perhaps we should all decide when and where the law applies to us. But why have law at all? Why have copyright at all? If people can 'afford' to pay for things then they will pay for them, then why isn't that good enough? People are honest and follow their conscience as to what is most 'law-abiding', nicht wahr? I mean most people on Napster were just like Harry W., right, taking just that which they couldn't afford.
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And by the Way, WareZ RULEZ!:D :D :D
Why the smilies? What is the difference? Is there a difference? Harry W. would say not if you would not pay for the software anyway (again, how do we know unless we deny access if you don't pay?). I admit I was a little surprised that ostensible/possible software authors would hold such opinions. Certainly I have seen no more than token support for my 'side' of things. That should be telling, I suspect. Not being a software author myself, I should defer to you all in this. In any case, my hat is off to you all as your position seems mighty magnanimous all things considered. I am happy to know that you will not rue the day that such 'logic' is applied to your 'property'. I know I would feel otherwise, so it is better I never become one.
cypherx