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Because MPAA or RIAA says sharing is illegal, does not make it so. Next thing you know, it will be an arrestable offense for a girl to share an article of her wardrobe with another. You know, no more sharing of Finger-nail polish and such. And guys will be arrested for sharing Comic-Books or Baseball-Cards.
To arbitrarily say that a private P2P network's sole purpose is to promote piracy is presumptive and assumptive. P2P, BBS, Newsgroups have been in existence for nearly 20 years and the primary practice has not been infringement, piracy, theft or particularly any presumed law-breaking activity.
Besides, as a child--throughout my growth, most of us sharing and exchanging our records, tapes, CDs, movies and such was a common everyday way of life, simply because our parents don't just shelve out money by the dozens so that we could run to a store and buy on a whim, whatever caught our fancy.
Most people's parents don't have close to enough money to afford their children to purchase limitless amounts of music and such, so sharing has pretty much always been the case, completely around the world.
You may not particularly see it this way, but once you spend your money to purchase something, in all reality of the process, you do own that particular item and sharing it is not illegal. And if selling it for a profit is illegal, then how many people should be arrested for "Yard Sales".
Not-to-mention, the Library (Libraries);I mean, for the most part, don't we get nearly any media we want to enjoy for free or at a small cost to borrow, from the Library? According to the laws that MPAA and RIAA want enforced, then all of us that have ever visited a Library is guilty of stealing and piracy as well? Are we not? When did the sharing of knowledge and resources become illegal?
The piracy laws were designed to legitimately protect the interest of the creators and originators against another entity stealing and profiting from their product(s). No where does it state that legitimately purchased merchandise cannot be shared (distinct difference between sharing and profiting).
Because the world has been reduced in size due to our ability to communicate across the Internet does not change the definition of the two words.
If you decide to share something you purchased with me, it is not by definition, illegal. On the other hand, if you charge me a fee for the item, then it becomes an illegal transaction. And by mere definition, the charging party has perpetuated a criminal act.
Again, the question of the "Yard Sale(s)", comes into play. Is it a crime to sell something you purchased or was given to you at a Yard Sale?
In essence, the RIAA and MPAA in conjunction with law enforcement agencies should have the right to go after entities that by purpose, knowingly distribute by charging another entity for the use of or purchase of merchandise for the sole purpose of fiscal profit.
A file sharing network; ie, Library for instance or a private P2P is not breaking a piracy law because the entity itself is not distributing or charging for the distribution of any sole merchandise. They are merely providing a forum where private citizens meet and communicate. If the private citizens decide to share something that belongs to them, either because it was shared with them or because they purchased an item, does not constitute any laws being broken.
RIAA and MPAA should be focusing their attention and efforts on those entities and individuals that knowingly and purposely solicit others with merchandise that they are attempting to exact a fee or charge for. That is stealing and pirating--not sharing!
G. Bjay
Free Enterprise 4 ever
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