Just thought I'd chime in on the music thread going on.
Yes, downloading MP3 files is wrong, because you're consuming copyrighted material without properly compensating the owner of the copyright.
We use our understanding of real property to help understand property rights and ownership of (digital) information, but in my opinion it's a weak analogy. The primary difference is that multiple parties can technically possess (and use) information without infringing on the value to or rights of others to consume the same information.
Let's consider the case of George Hotelling, who bought a song on Apple's ITunes and then proceeded to resell it on EBay. No one would argue that this is fair use if he were selling a CD he bought somewhere. The bundle of rights you get by purchasing a CD includes the right to sell or gift the CD..
But, as discussed in an excerpt from the article:
Under the "first sale" doctrine, the owner of a lawful copy of a work is allowed to sell it without the permission of the copyright owner. But a recent study of the first sale doctrine from the U.S. Copyright Office suggested that the doctrine does not apply to digital goods, because such transfers imply making a copy of the work--something that's not explicitly addressed in the doctrine.
Despite what Duncan says, this is a lot different from grabbing the disc off the shelf and shoving it down your pants - and that's not (just) because it's socially acceptable.
With the MP3, you are infringing on the rights of the copyright holder, but not the “true owner“ of that file. By listening to a song I've downloaded from George, I don't affect the his ability to possess and use his property. The copyright holder is pretty pissed, but George is not harmed (well, unless the copyright holder sues him, but that's a separate issue).
By stealing a CD, however, you are stealing more than the information. Because the store no longer has the CD, it cannot sell it and thus cannot benefit from its property. Realize, though, that you have not harmed the record company - they don't care how you obtained the CD as long as it wasn't copied. Similarly, I can buy a CD, listen to it for a year and then decide I want to give it to you.
I'm not saying downloading music is right - I'm just pointing out that there are real differences between physical property and digital information, and this needs to be taken into consideration when dealing with issues like this.
For example, consider this scenario. I purchase a CD and make a copy for my own back-up purposes (something I'm legally allowed to do under my license). I then lose the original, and proceed to sell the copy to a friend. Is that legal?
01/03/2005: Kevin asks is downloading theft?