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Downloading Music Vs. The 2nd Precept?
As many of us know, the second precept states that we must not take what is not given. My question however is, does downloading music off a filesharing site break this precept? There's always mixed views on it. My understanding of it works as that it is being freely given by others, as well as the fact that the 5th constitution is not met because I am not taking the original song.
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It wasn't the exact second I took the precepts for the first time, but as my practice progressed I did come to see that as stealing and I stopped doing so. People have this wrong view that they think justifies what they do " oh they are rich it doesn't matter". I think it also further solidified my feeling that it was breaking the precepts when I became a photography business owner and started learning about copy-write and the artists rights to their product.
The Buddha didn't say " take only what is given, unless it's from rich people".. he said " take only what is given". The mind and the ego is a master at justification. it can convince you so quick you don't even recognize it. The more you practice and see how the mind works, the more you see this and can cut it off at the root.
1. If the item is for sale by the owner of the property, and you download it free, then you're stealing.
2. If the items is not for sale by the owner of the property, and you download it for free, then it is not stealing IF you will buy it if it becomes for sale.
I'm not saying this is the law...just my view on it in terms of the precept.
When it first started to happen like 10 years ago it was somehow more accepted. The same goes for copied software and the like. I used to have a few things back then and didn't think anything of it but now, and for a long time, I don't have anything that hasn't been paid for or given to me.
Having said that, I don't personally think there is actually anything morally wrong from a precept viewpoint with file sharing most music, because it is actually not taking a penny out of anyone's pocket, not in today's world where the recording industry vacuums up all the profit and rights. It's today's version of using a vcr or tape recorder to record and share a favorite song or TV show with your friends. Studies show the minor sharing of songs like this actually boosts sales of the artist's songs from places like itunes, but for the RIAA it's all about control.
But then my Senator skipped calling and asking me for my opinion when the Industry Lobby wrote the laws for him.
But the stable door is open and the horse has bolted. There's no saving the music industry.
The idea that file-sharing is not taking anything out of people's pockets is the problem. Of course it is. It's stealing.
A while ago I put a video on youtube for an artist, and within 24 hours it became the featured free video and track on the front page of a file-sharing site. This tested my equinimity to the limit. If artists want to give away their music that is their right. It is not the right of someone else to decide to do this for them.
So yes, I'd say that stealing music breaks the precepts. In a sensible world this would be blindingly obvious.
I agree the old system is broken now that we're in the digital, internet world. Some artists are trying to figure out how to use it, since there's no stopping it.
On a serious note, if you're downloading copyrighted content it is technically stealing. You shouldn't do it.
Still, onwards and upwards. I suppose it's a good lesson in impermanence and non-attachment.
You'd think differently if it was your property people were stealing.
It always helped me to remember that when you buy something, anything, you are not just buying that item. I thought about this yesterday when a lady ordered a half size meal at a restaurant and expected to pay half price. She totally missed the point that it wasn't simply the items on the plate she was paying for. But benefits and time compensated for the fact that the man who made her meal was cooking for her instead of spending time with his family, and so on.
So, in all, yes, I personally think downloading music from "file sharing" sites is breaking the precept. It wasn't worth how I felt about myself for doing it, nor the risk in getting in legal trouble. But for what it's worth, most people get in trouble for uploading songs, not as much for downloading them. That doesn't make it any less illegal. If you wouldn't walk into a music store and steal the CD then you shouldn't be downloading it for free, either. Same for software (including games and game keys) and movies as well. The worst part is, when you use those types of sites, you are still making money for someone else. Just not the people who actually put in the time and effort and money into making the album. Instead, the money goes to crooks in other countries. So not only are you taking something that isn't yours, you are supporting someone making money off of stealing.
If you are having to ask, I suspect you don't feel the best about doing it, so why continue?