According to at least one major label, they are both!! It just depends on whether you’re an artist or a consumer . . .
I know that it’s old news that Cheap Trick and the Allman Brothers are suing Sony over download royalties: a while back, Kassia did an excellent analysis on it.
The other day, however, I came across a posting on P2Pnet.net (love that name!) that discussed this very topic. The posting had an excerpt from an article in the Internationl Herald Tribune that reminded me just how two-faced the record companies really are when it comes to this issue, and why you have to take it with a grain of salt when they say that they’re (all together now) “just trying to protect the artists” with their draconian download restrictions.