10-03-2007, 04:07 PM | #46 | |
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Here is a fact that many seem to have forgotten: She is not a criminal. What she did was not a crime. If it was a crime, then the case would read US v..., not Music companies v... What she did is called copyright infringement. |
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10-03-2007, 04:11 PM | #47 |
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10-03-2007, 04:36 PM | #48 | |
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Taping with the intent of permanently keeping it, or watching it multiple times, is not legal. Granted, it's something it's clearly impossible to enforce, but I believe that I am right in saying that, strictly speaking, it's not legal. |
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10-03-2007, 04:42 PM | #49 | |
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10-03-2007, 04:55 PM | #50 |
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I've studied it too, Nate. It is precisely that fact that video recorders were deemed to be (quote) "capable of substantial non-infringing uses" (ie time shifting) which led to the court giving its 5-4 decision in favour of Sony. Time shifting was deemed to be fair use and since the video recorder was capable of this, it was ruled not to be a device which existed solely to infringe copyright.
The important thing, however, is that although the actual recorder was ruled not to be a "copyright infringing device" that does not mean that all uses of it are so. Clearly, for example, using a video recorder to make a duplicate of a commercial videotape is a use which infringes copyright, as is (perhaps less clearly) taping an LP which you haven't bought (although taping your own LPs was, I believe, ruled to fall into the "fair use" clause of copyright law). It all boils down to "intent". Taping off the radio for strictly personal use may indeed be deemed fair use, but selling that cassette commercially, or even giving it to a friend almost certainly is not. These issues are never "black and white". |
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10-03-2007, 05:18 PM | #51 |
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Wonder how many MP3 players Sony sells to "criminals" who rip their (Sony produced & sold) CDs to their (their own Sony) Mp3 player!!
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10-03-2007, 06:15 PM | #52 | |
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I do have to say that it seems to me a big problem in the entertainment industry today is lousy content at silly prices. I'm not saying that justifies stealing from the corporations, I just wonder how much filesharing has become a scapegoat for other industry problems. |
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10-03-2007, 07:04 PM | #53 |
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Hey. Why innovate when you can litigate instead?
I'm sure many corporate types are thrilled with Radiohead's new online album release. |
10-03-2007, 07:15 PM | #54 |
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Most independent studies I've seen seem to support the idea that the downturn in the music industry is structural rather than being the result of file sharing. As Harry pointed out, the general consensus has been that taping an LP you already own is fair use. It is this same principle that has led by extension to the consensus that ripping the songs on a CD one owns to mp3 so they can be enjoyed on a computer or mp3 player is also fair use.
Currently, in the US it's not spelled out explicitly by statute either way. It's considered legal under fair use but no one has specifically ruled whether it is or not. The music industry would obviously prefer that it be ruled illegal, citing the precedent that people had to re-buy music when they converted their collections from LP to CD. However, the counter-argument to that is that people were able to convert from LP or CD to tape without re-buying their music and that home copying to tape has been historically considered non-infringing. Personally, I consider that ruling it infringement would be disastrous for the RIAA. In one stroke they would alienate most of the few supporters they have left. Their big problem right now is that they are treating their customers as enemies, which is not a way to build support. Many people see the RIAA as an essentially parasitic body that does nothing but sue people and artificially inflate the price of CDs. Among other things they have never let anyone be exonerated, not even those people sued by mistake who neither owned nor had ever used a computer. They would only drop the charges with prejudice. This is an extremely important case for a number of reasons. As I said earlier both the defendant and the plaintiff are on trial and precedent will be set. |
10-03-2007, 07:25 PM | #55 | |
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Now, however, it's as if we invented a way to give everyone on earth apples, for free. It'll destroy the apple-sellers' business, but what it will gain us a society is much, much more precious. Business models will need to change. Someone still needs to grow that first apple. Will they do it for a salary? Will they do it because they love growing things? Will they do it based on a huge lump sum given to them by all the apple-lovers of the world, or by a government? I don't know. It will happen, though, because it's a niche that needs to be filled. And the faster we get to that point, the better off the world will be. We're one step closer to Utopia (or maybe Star Trek). |
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10-03-2007, 07:25 PM | #56 |
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I didn't so much mind paying for CDs when I already owned the vinyl LP, because the sound quality was higher and the recordings were more durable. I honestly don't think the music and book cases are equivalent, because anyone who could download a music file from the internet could just as easily rip the CD to MP3 themselves, at this point, whereas books are still time-consuming to scan and OCR, so people tend to want to distribute the effort. And unlike the vinyl to CD move, there aren't strong value-adds to digital books yet. If the publishers would start adding extra content to digital versions of books (author essays, scans of author notes or sketches, a short story, chapters of other books, whatever), I'd be a lot more willing to pay for ebooks when I already own the pbook. (I've bought DVDs of content I owned on VHS tapes for the same reason.)
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10-03-2007, 07:27 PM | #57 |
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Unfortunately, the apples themselves aren't free, and writers still need to eat. Until we have replicators and unlimited energy to power them, we aren't living entirely in an information economy.
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10-03-2007, 07:33 PM | #58 | |
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But in any case, I think we are living in the information economy. We just haven't all realized it yet :-) |
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10-03-2007, 07:34 PM | #59 | |
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Other than that, a rousing "me too" to the rest of your post. |
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10-04-2007, 12:11 AM | #60 |
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RIAA anti-P2P campaign a real money pit, according to testimony
More updates on the trial here:
http://arstechnica.com/news.ars/post...money-pit.html Great quote: "One of the biggest bombshells from the cross-examination was Pariser's admission that the RIAA's legal campaign isn't making the labels any money, and that, furthermore, the industry has no idea of the actual damages it suffers due to file-sharing." |
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