Originally Posted by kane

So forget TV shows and Movies. Let's talk music. I'm not from Canada so I have no idea what kind of deal they may or may not have with a piracy tax.

Say, however, someone lives in the US. They log into their favorite torrent site and download the new Metallica album. They didn't buy the album. They have never owned the album so this download is not a back up. There is no piracy tax in the US so there is no way for them to say that they have paid for it. They now are in possession of the new Metallica album without having ever paid for it. They then keep that album open on their torrent client and anyone can download it. So they end up sharing it with a bunch of different people.

This is not timeshifting. They did not own it. They did not pay for it in any way so they have no rights to it. It is not fair use because they are not incorporating this material into something of their own (IE making a video with it or using it as background music in a project or doing some type of work that involves the music) they simply downloaded something they didn't pay for and are now redistributing it all over the globe.

This is piracy is it not?