Downloading Music

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KSG
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Downloading Music

Postby KSG » Tue Jul 12, 2011 4:46 pm

I know that this is a sensitive issue on here but I have a question and it may be stupid. I do not download music or movies but have in the past and I'm currently filling out a questionnaire that asks if I have ever done anything that I could be arrested for. My first thought was yes I could have been arrested for downloading music and movies but I'm not sure if criminal investigations into the matter are only for the bigger fish rather than personal use situations.
I am in no way trying to suggest that downloading is not stealing or that it's okay, in fact I firmly believe the opposite and it's something I havn't done in years. In the interest of being completly honest I just want to be able answer this question accuratly
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Re: Downloading Music

Postby boatgirl » Tue Jul 12, 2011 4:50 pm

If in doubt, put it down. You're better off putting something down and have them not see it as a big deal, or as big a deal as you do, than you are in not putting something down and then it coming up later.
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Re: Downloading Music

Postby KSG » Tue Jul 12, 2011 4:57 pm

boatgirl wrote:If in doubt, put it down. You're better off putting something down and have them not see it as a big deal, or as big a deal as you do, than you are in not putting something down and then it coming up later.


Definatly good advice. There is a question that asks if you've ever stolen anything, and I've disclosed the downloading there, it's just the question about anything that I could be arrested for where I'm not sure. I'm probably overanalyzing the question and should just put yes. I would just love to know for sure.
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Re: Downloading Music

Postby boatgirl » Tue Jul 12, 2011 5:15 pm

KSG wrote:
boatgirl wrote:If in doubt, put it down. You're better off putting something down and have them not see it as a big deal, or as big a deal as you do, than you are in not putting something down and then it coming up later.


Definatly good advice. There is a question that asks if you've ever stolen anything, and I've disclosed the downloading there, it's just the question about anything that I could be arrested for where I'm not sure. I'm probably overanalyzing the question and should just put yes. I would just love to know for sure.


I think you're best bet would be to say yes for sure. At least then they know that you do consider it theft and take it seriously now.
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Re: Downloading Music

Postby Sk82 » Tue Jul 12, 2011 7:00 pm

Usually most disclosure forms I have seen have a question regarding downloading music/videos somewhere in the form. Never hurts to call recruiting and ask your question.
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Re: Downloading Music

Postby Kleafloor » Fri Jul 15, 2011 8:36 pm

My understanding is that it's not illegal to download music for personal use in Canada. However, it is illegal to upload or distribute that music. Any P2P program automatically shares your downloads. I did some research into the matter, as I was concerned about this as well.
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Re: Downloading Music

Postby SupahDuck » Fri Jul 15, 2011 9:48 pm

Kleafloor wrote:My understanding is that it's not illegal to download music for personal use in Canada. However, it is illegal to upload or distribute that music. Any P2P program automatically shares your downloads. I did some research into the matter, as I was concerned about this as well.


Tread carefully. May not technically be illegal, but sure as hell is unethical and a reflection of your character on larger matters.

If you're still at the applicant stage of your career, you can't tread anywhere near the grey areas of the law. Not worth it to lie about it.
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Re: Downloading Music

Postby KSG » Fri Jul 15, 2011 11:27 pm

Most definatly not planning on lying about doing it and I agree that it doesn't matter if it's actually illegal or not, it's still stealing from somebody (often many people). Just wasn't sure if someone could show up my door and arrest me for it. I'm taking the advice of others on here and listed it as something I've done that I could be arrested for. Appreciate the input.
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Re: Downloading Music

Postby SupahDuck » Sat Jul 16, 2011 12:06 am

KSG wrote:Most definatly not planning on lying about doing it and I agree that it doesn't matter if it's actually illegal or not, it's still stealing from somebody (often many people). Just wasn't sure if someone could show up my door and arrest me for it. I'm taking the advice of others on here and listed it as something I've done that I could be arrested for. Appreciate the input.


Correct me if I'm wrong, but wouldn't the first recourse for the music companies be a civil suit, suing you for damages in court?

In all the published cases that I've seen (off the top of my head), it's always been a civil case, where ACTRA sues several John and Jane Does, and goes through the discovery process with their ISP's to determine the subscriber's true identity, and then they sue them in court.

Is there a CCC offence for "downloading music"? Something that you can be arrested for? Sure, if you don't settle the civil suit, there may be criminal liabilities, but not at first blush.

Am I wrong in my completely-amateur-and-probably-misinformed-legal-opinion? :ponder:
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Re: Downloading Music

Postby Kleafloor » Sat Jul 16, 2011 12:10 am

SupahDuck wrote:
Kleafloor wrote:My understanding is that it's not illegal to download music for personal use in Canada. However, it is illegal to upload or distribute that music. Any P2P program automatically shares your downloads. I did some research into the matter, as I was concerned about this as well.


Tread carefully. May not technically be illegal, but sure as hell is unethical and a reflection of your character on larger matters.

If you're still at the applicant stage of your career, you can't tread anywhere near the grey areas of the law. Not worth it to lie about it.



I agree, I decided a long time ago just to stay away from this all together. Just a potential problem that I'd like to avoid.
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Re: Downloading Music

Postby PPSC Lawyer » Mon Jul 18, 2011 11:41 am

SupahDuck wrote:
KSG wrote:Most definatly not planning on lying about doing it and I agree that it doesn't matter if it's actually illegal or not, it's still stealing from somebody (often many people). Just wasn't sure if someone could show up my door and arrest me for it. I'm taking the advice of others on here and listed it as something I've done that I could be arrested for. Appreciate the input.


Correct me if I'm wrong, but wouldn't the first recourse for the music companies be a civil suit, suing you for damages in court?

In all the published cases that I've seen (off the top of my head), it's always been a civil case, where ACTRA sues several John and Jane Does, and goes through the discovery process with their ISP's to determine the subscriber's true identity, and then they sue them in court.

Is there a CCC offence for "downloading music"? Something that you can be arrested for? Sure, if you don't settle the civil suit, there may be criminal liabilities, but not at first blush.

Am I wrong in my completely-amateur-and-probably-misinformed-legal-opinion? :ponder:


There is not a CCC offence for making illegal copies of music. I suppose you could argue that the generic definition of "theft" found in s. 322 could apply to illegal copies of music, but I have never, ever seen it charged.
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Re: Downloading Music

Postby Mongo » Mon Jul 18, 2011 1:45 pm

I just can't download enough of the stuff. Free music and movies is why the internet was invented! Suck it, billionaire artists!
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Re: Downloading Music

Postby No 20 Year Medal » Mon Jul 18, 2011 2:45 pm

Mongo wrote:I just can't download enough of the stuff. Free music and movies is why the internet was invented! Suck it, billionaire artists!
Damn.



I thought it was for porn.Image
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Mongo
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Re: Downloading Music

Postby Mongo » Mon Jul 18, 2011 2:59 pm

No 20 Year Medal wrote:
Mongo wrote:I just can't download enough of the stuff. Free music and movies is why the internet was invented! Suck it, billionaire artists!
Damn.



I thought it was for porn.Image

Nah, it was, you're right.

But porn existed before the internet. Free music and movies didn't.
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Re: Downloading Music

Postby PPSC Lawyer » Mon Jul 18, 2011 5:37 pm

Mongo wrote:
No 20 Year Medal wrote:
Mongo wrote:I just can't download enough of the stuff. Free music and movies is why the internet was invented! Suck it, billionaire artists!
Damn.



I thought it was for porn.Image

Nah, it was, you're right.

But porn existed before the internet. Free music and movies didn't.


But how often are you paying for your internet porn, hmm?
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