03-04-2010, 11:40 AM | #61 |
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Because some groups don't want fair use / fair dealing to even exist. The industry would certainly like to spin them as being negative, and actively tries to prevent them with things like DRM.
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03-06-2010, 01:49 PM | #62 |
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Why is it legal for a EULA to contain Illegal restrictive language without breaking out the restriction exceptions by locale?
Warranties Do Contest Rules Do Revolving Loan (credit cards) terms Do. |
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03-06-2010, 03:28 PM | #63 |
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A EULA is a Licence. Those are contracts.
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03-06-2010, 04:29 PM | #64 |
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It is only a contract if both parties have agreed to it. And some rights are unalienable and cannot be voided by a contract (this is dependent on the legislature in which they function). Sometimes even one non-allowed contract term can make the whole contract void.
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03-06-2010, 04:48 PM | #65 |
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Precisely. A EULA is a one-way grant of licence, whereas you see direct benefits (and hence a two-way relationship) by entering a contest, signing a credit card agreement or agreeing to an extended warranty.
The rules are not the same! As to voiding, that's why contracts have the "if any clause is held to be void, that term only is struck" language, if the people drafting it have any sense. |
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03-06-2010, 06:58 PM | #66 | |
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Exactly. That is why even a company like Google that could have poured millions into defense of their Google Book scans as fair use was instead willing to settle and payout millions to those who claimed copyright infringement. |
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03-12-2010, 08:06 AM | #67 | |
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http://dictionary.reference.com/browse/snaffle –verb (used with object),-fled, -fling. British Informal. to appropriate for one's own use, esp. by devious means; purloin; filch. I think that snarf is more American and snaffle more British. And, indeed, the wonderful Dialecticon supports this idea. Using the past tenses (snarfed, snaffled) to avoid the noun use of snaffle as a horse's bit, we find about equal use of snarfed and snaffled in the US, but a massive 97.5% for snaffled in the UK. (Australia seems to follow the UK, and Canada likes snarfed even more than the US!) Checking the other forms of the words, it's still the case that UK and Australia prefer snaffle, while US and Canada prefer snarf. So from now on I'll be snaffling the occasional ebook that's otherwise unobtainable. |
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03-12-2010, 03:16 PM | #68 |
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Making backup copies or stripping DRM so you can read an eBook you paid for on a device you are not licensed to -- that's merely copyright infringement.
Getting copyrighted materials you haven't paid for, sharing copyrighted materials you have paid for with those who haven't in violation of the terms of purchase -- is both copyright infringement and theft. Lee |
03-12-2010, 03:24 PM | #69 | |
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Regarding sharing, doing so in violation of copyright law is what would make it infringement, not necessarily the terms of purchase. Those are two different things. |
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03-12-2010, 03:37 PM | #70 |
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Making backup copies is not copyright infringement. At least not where I live, and I guess neither in most jurisdictions. I routinely backup my whole laptop and I don't need any permission for that by any author or publisher or whatever copyright holder. That reminds me: I didn't make a backup today. Just plugged in my backup disk. The computer will take care of the rest.
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03-12-2010, 03:39 PM | #71 |
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I said "in violation of the terms". When you get content from a library, you are not violating the terms.
When you get a Grisham novel on the net -- that you didn't pay for -- you are stealing. If you post such a book for others to download -- you are stealing and violating copyright. I have no qualms about violating copyright, but I am against stealing. That's just where I draw the line. I have no problem taking one of my amazon books, stripping the DRM and then reading it with Stanza because I like the Stanza app better (ironically, Amazon bought Stanza). I'm not claiming to be a paragon of virtue -- but I don't think the issue is cloudy at all. I know I'm violating copyright when I strip drm (or theoretically since I still haven't done so). When I was in college, and I was making cassette tapes from my friend's LP's -- I knew that I was stealing. Lee |
03-12-2010, 04:47 PM | #72 | ||
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Quote:
Quote:
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03-12-2010, 04:51 PM | #73 | |
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It is stealing. So yeah, it will coming up, you might as well surrender, you will be assimilated. |
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03-12-2010, 04:55 PM | #74 | |
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Both words have a meaning of obtaining something by rather dubious means - in a way they are both suggestive of a kind of harmless stealing. If we wanted to avoid that association, perhaps we could use another synonym - "liberate" They want to be free, after all. |
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03-12-2010, 05:11 PM | #75 | |
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So what we need to do is come up with a word that means obtaining a copy of a digital file without paying for it. I'm not going to call this copyright infringement because if that's what it is then what is copyright infringement needs to be changed so this (in effect) is called some form of theft. |
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