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Unethical for the RIAA to share files and go ...

Originally posted by: brxndxn
entrapment...
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It would be if it was a government agency. But because they're a private/corporate group it's harder to prove entrapment.

Sux, don't it. :|

ALMOST makes me wanna move to Canada.

Almost.

😛
 
another vote for entrapment

although, i was under the assumption they were only going after people that share, not the ones downloading
 
Kind of like the cops trying to pick up little girls on the Internet ... and then posing as one to bust middle-aged, over-weight guys looking for some action. Two standards in place.

 
No, not ethical. My feeling is if they, being the owners, make it available to the general public, then it's public domain. Same way garbage cans work. Once that can is on the curb, it's public domain.
 
It's not entrapment. They are not trying to coerce you into DLing, they are just sharing files that you go looking for. It's like if the cops leave an unlocked car on the street and wait for someone to try to steal it. That's not entrapment. It would be entrapment if they also had an undercover officer go tell the guys on the corner that there's a hot ride that's unlocked down on the other block.

For this situation to be entrapment, the RIAA would have to send you an email telling you where to go or advertise the files or something.
 
Just admit that you are wrong to not buy the music...

Legal definition of Entrapment.
ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.

On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.

- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.

On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.
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First- A computer user that runs a P2P program has in their own mind that they are going to get a shared file that is most likely a copyrighted movie or song.

Second- No one from RIAA is saying "Hey, wanna come steal this?" They simply have the files available. Just because you are driving you car and park it in a parking lot knowing that there are car thiefs doesn't mean that you persuaded the car thief to take it.

Third- The person is under no duress when they selected the file for download and downloaded it.

And to directly answer your "ethics" question.... No, it's not unethical.
 
It's not entrapment as the downloaders do it of their own intent, but... I thought the RIAA just went after uploaders, i.e. those who share them. When did they start going after downloaders?

<- does not file share but has been following this issue closely (I thought) because of its ramifications on copyright laws and the eventual monopolization of information.
 
it's not entrapment and the RIAA does not do this.

Simply downloading a file is not enough to satisfy copyright infringement...
It must also be done without the copyright owners permission.

If the RIAA allows you to download a file from them, then you're downloading it with their permission.


What's different with torrent files is that you're sharing the files with multiple people. It's not too hard to see who you're sharing which pieces of the file with. Also, if you look at the cease and desist letters being sent out, they deal more with the uploading than the downloading.
 
Originally posted by: Vic
It's not entrapment as the downloaders do it of their own intent, but... I thought the RIAA just went after uploaders, i.e. those who share them. When did they start going after downloaders?

<- does not file share but has been following this issue closely (I thought) because of its ramifications on copyright laws and the eventual monopolization of information.
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You're right. They haven't gone after downloaders yet. There are a couple of gray areas that haven't been settled. IIRC, if you own a CD, fair use allows you to have a copy of it on your computer. (as long as you're not playing both at the same time, or some other such details) So... if you own a CD, do you have the right to download a copy of it to have on your computer?? AFAIK, that one hasn't been settled.
 
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