The music industry would like us to think that when we “buy” a CD, what we’re actually buying is a limited-use licence to listen to that particular music, conveniently packaged with a plastic disk. We’re allowed to make “backup” or personal use tapes or MP3s of the music — well, they’d really rather we didn’t, but since the technology to do it exists and there’s that pesky backup/personal use clause in copyright law, it’s hard for them to stop us — but we’re not allowed to play the music publicly for profit, or make copies and give them away. Fine, this makes sense to me so far.
But what if that disk gets scratched or damaged by the sun? Or what if you own an LP and you’d like to convert it to a CD? Your only option currently is to repurchase the CD, or “steal” the MP3s. What if suddenly technology changes and music comes on a solid-state memory chip of some sort — you’re going to be asked to repurchase that.
In my opinion, this is where the licensing argument breaks down. The damaged or old-format plastic should be viewed as my “proof of purchase/proof of licence” showing that I indeed have rights to a single copy of said material — and if I need to replace the plastic it came on, I should be able to do that at any record store for a nominal price ($5 or less sounds appropriate).
I’ve got a stack of LP albums, some of which I’d really prefer to have on CD. The nice thing about downloaded (purchased) MP3s is you never have to do this (till that technology becomes obsolete); but by the same token they have to keep track (in a database) of who has what licences.
The same arguments should be applied to books, magazines, newspapers, movies.
The source of the problem is of course the dichotomy of corporations wanting to maximize profits versus people wanting something for nothing — and both capitalizing on the fact that this issue is unclear. The best solution is for someone to create a very simple legal media licence that explains what everyone’s rights are. Heck, make it retroactive: if you haven’t purchased (and have physical or electronic proof of) a licence for media, you aren’t allowed to have any copies of it, anywhere. If you have purchased it, you are allowed to use it as specified, no more, no less.
Update: Even more absurd — now they want to charge a royalty on USED CDs! I say fine, as long as we get a full rebate for the royalty we paid on buying it new (nearly the entire price of the CD). Instead, just make it clear that when you sell a CD you lose all right to the music. Hey — that’s basically what happens now: the original buyer might get a few dollars for the CD for which they paid $15.