The Professor wrote:
>Nice black and white view of morality, though
Yep. It's black and white. Stealing is stealing is stealing, and it is wrong, regardless of how anybody twists it or tries to justify dishonesty. The woman is a thief, and deserves the absolute maximum punishment possible. I don't care if you steal a pencil or an airplane, you need to get smacked down so hard that you and everybody else will think twice about taking something that belongs to somebody else. There are a lot of screwed up kids around that think they are somehow entitled to other people's property, and those screwed up kids grow up to be crack-whores living off the work of other people (usually in the form of property stolen by the government from the people who actually worked for it).
If you steal, you're a scumbag.
If a starving man steals a loaf of bread as the only means to his survival, is he a complete and utter scumbag that deserves to be smacked down by the law for as long as utterly possible? Not that the situation described here is anything like that, but just to show that your conception of justice is incredibly simplistic and inapplicable in anything but a fairy like society with easily defined conceptions of "good" and "bad" or a tyrannical form of government.
Because there are differences between types of stealing, and not everything is so clear cut (the equivalent of that commercial might be: "YOU WOULDN'T KILL A MAN, YOU WOULDN'T KILL A WOMAN, YOU WOULDN'T KILL SOMEONE ELSE'S DOG- DON'T KILL ANTS.") Downloading is clearly different in nature from theft. If I steal a pencil from someone, then two things are necessarily happening: I gain a pencil, and he loses one. Nothing like this necessarily happens in downloading, simply because making a copy of a file is quite different from taking a file. The argument that can be made is that because the person now possesses a copy of the files, they will not buy music- which is untrue of just about every downloader that I know. Can making a copy of a file be considered stealing? If so, then perhaps copying a guitar tab is stealing as well (something which record companies are now saying). Taking a quotation from a book is stealing. Borrowing that book from your friend is now stealing. Do you really believe that everything is as black and white as you make it out to be?
I also find the concepts you propose to be completely ridiculous. Theft under $5000 can be punished by a maximum of up to two years- so by your "black and white" argument, anyone who steals a piece of candy or a pencil should go to jail for two years, something which most would constitute as cruel and unusual punishment and which about everyone but super right wing "we're so tough on crime that we get boners thinking about it" would consider unjust. See, for example, Rummel vs. Estelle- under Texas' three strikes=life in jail laws, Rummel was sentenced to life in jail for stealing, on three separate occasions, 80$, $28.36 and $120.75. Is this not greatly disproportionate to such petty crimes? Does it actually serve any possible purpose?
And I argue that this woman's case is the same. Yes, she was stupid to challenge it- that still doesn't make it right that she's charged over $200,000 dollars for such a small crime, and when she was essentially chosen randomly out of millions upon millions of people to be crucified for something they all do. The RIAA is going about it completely wrong- shit like this doesn't stop downloading, it just makes more and more people pissed off;, meanwhile, Apple actually did something intelligible and started ITunes, which has paid off. We need more solutions like ITunes and less like the RIAA's.
Here in Canada, downloading isn't against the law- and thankfully.
Edit: Eternal Idol's response is much more concise and just as good as mine.