Again, the morality of downloading is clouded by the fact that the record labels use the long arm of government to give them power and control.
For example, if a song was supposed to go into the public domain five years ago, but didn’t because some lobbyist managed to bribe/cajole/pressure the government into extending the copyright, is it still unethical to download it? Illegal, sure. But unethical?
In Canada it’s even murkier, since our government caved in to the record industry and instituted a tax on blank recordable media, with the proceeds going to pay for ‘losses’ to the record industry from Canadian downloaders. I buy a lot of blank CDs and DVDs, but they’re not used for copying music. They’re used for archiving my software, storing backups of our family pictures, making copies of legally purchased music for use in the car (fair use), etc. And yet, I’m taxed on every one. So is it still unethical for me to download music? Can the record industry have it both ways?
Or what if the artist is cheated out of all his royalties by a record company employing shoddy/illegal accounting tricks to make sure their ‘expenses’ always cover the artist’s royalties. Still unethical to download the music?
What if I can’t hear the music I like on the radio because the record industry behaves like a cartel and forcibly restricts what stations can play? And what if they shut down alternative legal distribution networks like internet radio by forcing them to pay exhorbitant royalties, just so they can maintain control of distribution? Still unethical to download the music?
What if a record company locks up the back catalog of an artist, never issues reprints, and holds the copyright indefinitely? Still unethical to download that artist’s music?
What if the only legal copies of music available have such restrictive digital rights management that I can’t exercise my legal fair-use rights under the copyright law? Still unethical to download a hacked copy if I own the original?
There’s no black-and-white here, mainly because the record industry employs such sleazy tactics and is in bed with government to a degree almost no other industry can manage.