Controversial opinions on metal

[Elric of Melniboné]

Same section of the CMA:

29.22 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if

• (b) the individual legally obtained the copy of the work or other subject-matter from which the reproduction is made, other than by borrowing it or renting it, and owns or is authorized to use the medium or device on which it is reproduced

This is another requirement that makes this doubly impossible to be legal. The individual who is obtaining a copy of something can only receive a copy of something that the individual (the same person receiving the copy) legally purchased or otherwise own the rights to.

Also relevant:

Copyright in
performer’s
performance
(1.03) Subsections (1.01) and (1.02) apply,
and are deemed to have applied, regardless of
whether the country in question became a Berne
Convention country, a WCT country or a WTO
Member before or after the coming into force of
those subsections.
6. Section 10 of the Act is repealed.
7. Subsection 13(2) of the Act is repealed.
8. The headings before section 15 of the
Act are replaced by the following:
PART II
COPYRIGHT IN PERFORMERS’
PERFORMANCES, SOUND RECORDINGS
AND COMMUNICATION SIGNALS AND
MORAL RIGHTS IN PERFORMERS’
PERFORMANCES
PERFORMERS’ RIGHTS
Copyright
9. (1) Section 15 of the Act is amended by
adding the following after subsection (1):
(1.1) Subject to subsections (2.1) and (2.2),
a performer’s copyright in the performer’s
performance consists of the sole right to do
the following acts in relation to the performer’s
performance or any substantial part of it and to
authorize any of those acts:
(a) if it is not fixed,
(i) to communicate it to the public by
telecommunication,
(ii) to perform it in public, if it is
communicated to the public by telecom-
munication otherwise than by communica-
tion signal, and
(b) if it is fixed in a sound recording, to
reproduce that fixation;
(c) to rent out a sound recording of it;

It's illegal to reproduce a copyrighted recording without the performer’s approval while the performer holds the copyright to the material.

Game over.

 

[HamburgerBoy]

Fair enough, I think you're right that it is technically still considered a copyright infringement. Technically, it's also copyright infringement to make a backup copy of a CD, put the backup in a closet somewhere, sell the original CD, and forget the backup existed. There are many things that violate copyright that don't really relate to theft. What's your opinion on the streaming of copyrighted recordings?

 

[Elric of Melniboné]

I have no idea if the act of watching or listening to such a stream is illegal although I know the act of hosting the stream is definitely illegal. I preview music through YouTube quite often. I don't consider it to be so grievous as you don't obtain a permanent copy of something that you don't own.

As I stated earlier, my opinion of downloading does not stem from the practice being illegal, even though I view it as stealing and so does the law.

 

[MrTagoMago]

The best medicine for depression is pussy juices.

 

[Baroque]

Elric, are you a lawyer or just an inspector Javert type?

There are obviously moral implications aside from the legal ones. but I believe those moral dilemmas are nullified when a band is broken up and out of print. If only used expensive copies are available, how does buying one help the band in any way? It only helps the equivalent of scalpers stay in business. I do think currently active bands should be supported of course, and I regularly do so.

 

[CiG]

That was the longest, most boring shitfest of people retardedly trying to justify illegal downloading.

 

[Satanstoenail]

If Elric isn't Omni then that's the most convincing unintentional impression I've ever seen.

 

[CiG]

It is pretty weird how Omniesque this guy is, I noticed it before it became a UM meme too.

The worship of certain albums just cements it further. I'm interested to see Elric post a photo to disprove our feeling.

 

[Baroque]

It is pretty weird how Omniesque this guy is, I noticed it before it became a UM meme too.

The worship of certain albums just cements it further. I'm interested to see Elric post a photo to disprove our feeling.

Does that prove anything though? I might be more convinced if "he" writes UM on themselves somewhere like my JPL photo, but they could just as easily ask someone to do that for them also

 

[CiG]

Agreed, we should tell him to hold up a sign with a specific message on it.

 

[HamburgerBoy]

I have no idea if the act of watching or listening to such a stream is illegal although I know the act of hosting the stream is definitely illegal. I preview music through YouTube quite often. I don't consider it to be so grievous as you don't obtain a permanent copy of something that you don't own.

As I stated earlier, my opinion of downloading does not stem from the practice being illegal, even though I view it as stealing and so does the law.

So what does that opinion stem from?

When people upload rare stuff on YouTube, they usually do so without the artist's consent.

Also, if the owner of the music doesn't have plans to reissue the album or make it available, that should legally be in their hands to decide. You don't get to decide for them. Again, an issue of entitlement.

*cough* *cough*

 

[Elric of Melniboné]

I'm in no way absolving the people who put up videos. If you were asking what I thought about people hosting videos without consent, I would have to say they're also guilty of theft.

I'm talking about watching them and how I don't have a problem doing so if they're already available on such a site.

My opinion on downloaders stems from their entitlement. The availability to illegally download music also makes it more difficult for small labels and artists to operate on a financial level.

 

[Baroque]

I'm in no way absolving the people who put up videos. If you were asking what I thought about people hosting videos without consent, I would have to say they're also guilty of theft.

I'm talking about watching them and how I don't have a problem doing so if they're already available on such a site.

Then you're a consumer of stolen goods by that logic though, just like you would be listening to downloaded music..

 

[Elric of Melniboné]

Then you're a consumer of stolen goods by that logic though, just like you would be listening to downloaded music..

Hardly, since I'm not making a copy of it for my own use like I would be if I downloaded it. As far as I know, the practice of watching a video of copyrighted material on YouTube isn't even illegal, for the same reason.

 

[CiG]

The problem isn't really whether it's theft, the very fact that people go to such lengths to justify illegally downloading music just proves that they know there is something fundamentally wrong about what they're doing, especially when they justify the action by appeals to empathy. I'm poor etc.

As was already stated multiple times against Elric's position, justifying what is right and wrong via the law is flawed in too many ways. Helping a slave escape a plantation was technically theft, but you wouldn't feel the emotional/moral need to justify your actions if caught doing so.

 

[The Butt]

Are you one of those people who just hates everything Opeth has produced post-Ghost Reveries, or is it this track in particular you take issue with?

Opeth? More like Blowpeth AMIRITE

That was the longest, most boring shitfest of people retardedly trying to justify illegal downloading.

I justify with one simple reasoning: I just feel like it tbh. Breaking the law, breaking the law. Motherfuckers.

 

[Elric of Melniboné]

My opposition of downloading has nothing to do with the law. I only brought up the law when people tried to claim that they aren't stealing.

 

[The Butt]

As an aside: Have you ever stolen anything before? In your life?

 

[Baroque]

What's the difference between listening to a song for free on YouTube as many times as you want, and listening to a song for free on iTunes as many times as you want?

You only have a problem with it physically being on your hard drive? But it's ok to be physically in your ram, modem and speakers?

 

[CiG]

As an aside: Have you ever stolen anything before? In your life?

Yeah definitely. I was a piece of shit teen.

I justify with one simple reasoning: I just feel like it tbh. Breaking the law, breaking the law. Motherfuckers.

I have no problem with people that do it, knowing what they're doing is wrong in some way.