>>But even under fair use, the standard of royalty reduction is not
>>consistently applied. Without even copying a recording, sharing potentially
>>reduces royalties from sales.  Suppose I lend my own purchased copy of
>>a DVD
>>to Eric Crampton and he watches the movie and returns it to me.  If I had
>>not lent it to him, suppose that he would have rented it or purchased it
>>himself.  My act of lending it to him reduced royalties. The lending is
>>legal under fair use (isn't it?), even though royalties are reduced.

>Ken C (a fellow GMU PhD student) did bring over the director's cut of FotR
>and I watched it. Had he not done so I would most definitely not, in my current
>state of poverty, have gone out and purchased or even rented it.  so his
>willingess to share increased my surplus without decreasing the surplus of the
>owner of the "intellectual property right" to it.
 
Heck, let's go a step farther.  I'm an anime fan, and first watched an obscure anime series on my computer, after receiving the video file from a friend who downloaded it from a file-sharing network.  Not having seen it before, and not expecting it to be very well-done, I certainly would not have purchased the series on DVD left to myself.  However, having finished the series, and having enjoyed it very much, I actually bought the DVDs.  I don't think that this sort of behavior is that uncommon; people can and do download music from P2P networks in order to see if a new album is worth buying.  Here's a case where file-sharing increases royalties.  My surplus and the intellectual property owner's surplus both go up.  Even if I had not ended up buying the DVDs, however, I would still feel that the owner's intellectual property right was not violated; I bring up this line of argument as a possible counterbalance to the line of reasoning that has people downloading music in lieu of purchasing it.
 
--Brian

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