In the second case, someone did buy a CD once and so the artist, record label, and song writer were paid.
Exactly right. It's called Transfer of Ownership.
*steps on soapbox, forum groans*
I personally do not see why people are in such a tiff about their right being violated over snoopware and their 'legal' mp3 collection. If you have legal music, don't share it! Plain and simple. That is the heart of the matter. I am not taking sides here, and the RIAA has deinately overstepped some boundaries; however, copyright law is copyright law, and they have been getting resistance every step of the way. Of course they are going to begin taking extreme measures such as those now. Not like they have been getting much love over this from the beginning. You break the law, the courts have always issued warrants for the search and seizure of your property and evidence. Now, I agree completely with the other posts about this absolute power of the RIAA to get warrants by just bringing in a list of names to a court clerk. There is absolutely no system of checks and balances there, and gives the RIAA blanket permission to mess with whomever they choose.
Yes, the companies represented by the RIAA are a monopoly.
Yes, the these companies have engaged in price fixing.
Those issues need to be addressed as well. If the record labels would quit selling CD's at such a high cost to the distributers, maybe companies like Tower Records wouldn't be in such trouble while other conglomerates like Target sold them at a huge loss to get kids in the store only to make up the profits in other marketing areas.
Yes, this issue hits a little close to home for me., for my ex-girlfriend's cousin is the founder of Tower Records/Video/Books, is a heck of a nice guy, and I have seen the effects of this from the inside. Yes, their business model is in need of updating, but that is not the issue. The real issue is people are violating copyright law, period, and then complaining about their god-given private rights to do so. You can have all the mp3's you want, nor is P2P networking inherently illegal; however, making your legitimate mp3's available to other people who have not paid for them over ANY network or other means IS illegal. Always has been, always will be. As was mentioned before, start buying from indie labels who support sharing. I, for one, think that art should be free. These people should be happy they can even make a living by playing music alone. Talk about a good life!
Ok, sorry about the rant
*steps off the soapbox*