Korgscrew
Group: Super Admins
Posts: 3511
Joined: Dec. 1999 |
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Posted: Nov. 02 2007, 13:08 |
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Quote (oblique @ Nov. 02 2007, 13:29) | AFAIK downloading music from a non-exist album is not illegal. |
It depends what you mean by non-existent. If the music doesn't exist, then there's no problem. If, however, the music has been created by someone, it is their intellectual property, and it's their right to be able to say what's done with it. It doesn't matter whether they've released it as an album or not, and they don't have to have registered it anywhere as existing - merely creating it and having proof of that is enough.
That right can be given up, or it can be transferred to someone else. In the case of Music Of The Spheres, Mike has sold that right to Universal, so it is they who decide what is ok to do with it, and the decision they make is protected by law. So if they say "nobody is allowed to make copies of this" that means it's illegal to make copies of it. Downloading it creates a copy on your computer, therefore it is making a copy which, unless Universal have given you permission to do, is illegal.
Arguments that nobody seems to care, that it actually helps promote the album, that it's their own fault for releasing promo copies so long before the release and so on are entirely separate from that - they regard matters of common sense rather than of law (a bit like how leaving your car in the most dodgy area of town with the keys in the ignition is a matter of common sense...it would hardly be surprising if someone were to drive off in it, but that doesn't mean that they weren't breaking the law by doing it).
Discussion on Music Of The Spheres has so far been deliberately kept in the news area. Part of the strategy behind that was based on the album being released in a few days from now...which, as we all know, hasn't happened! So...perhaps it's time for a bit of a rethink on that one.
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