I'm not sure I understand what you're saying here. Are you saying that because MP3 files are relatively poor quality that they should be allowed to be shared freely?mojobone wrote: My personal view is that there's nothing wrong with people making mixtapes and mashups for each other in a social context; home tapers have been doing this for decades, and it's a form of free promotion that helps artists and helps music, but we shouldn't confuse MP3 files with music as the artists intended it to be heard. We need to establish a level of quality for which the writers and performers must be paid, and get the public to agree. That shouldn't be too hard, right?
I agree that making mixtapes and giving a friend a copy of something is a natural thing to do and helps not only to promote an artist but it also creates a music culture of which we are proud to feel a part of. And those are good things, but the big file sharing networks can't be construed to be the same thing. Maybe it is technically and by legal definition but we all know that what file sharers are doing isn't just sharing music with their friends, it's happening on a massive level and doesn't fit the spirit of 'sharing', it's more like stealing.
This is why we have judges who are actually human rather than some computer interpreting the law and passing out rulings. The language of law is limited, we need to understand the spirit of the law as well as the wording.