It seems to me that the "problem" is with the laws.

We can make common sense statements all we like, but the law is murkier.
"Fair Use" says I've bought a "license" to the material when I buy a book or
CD AS WELL as the physical medium.  The says I have the right to transfer
that material to different media for personal use.

This gets into the area of HOW you use something you buy and what control
you have over it.  Generally manufacture's are not offered control over how
you their products.  If the products need regulation then it's a civil
matter. 


For example consider the following scenarios:

I buy a CD and:

1) Play it in Discman.

2) Copy it to my computer as MP3s so that I can keep the actual CD in my
car.

3) Make a copy of the CD so that I can keep a copy in my car and a copy in
my wife's car.

4) Invite all my friends over to listen.

5) Put the CD on outdoor speakers so that the whole neighborhood can listen.

6) Play the CD at a rent party that I charged admission for.

7) Play the CD on home transmitter allowing me to listen to it in the garage
but also allowing others nerby to "tune in" if they know the frequency.

8) Play the CD on my college radio station.

And so on.

Fair use says things like 1, 2, and 4 are perfectly legal but 3, 5, 6, 7, 8
are questionable or not legal.  But yet the CD protection technology being
proposes prevents 1, 2, and 3 but allows the rest.

Furthermore there is an implied "right" to use the information in the
current laws which is why overcoming most forms of copy protection is legal
(for example selling an amplifier box that disables VHS copy protection is
legal).

Then we have laws that conflict with fair use for small subsets of content
(for example that content protected by an encryption scheme).

In the end I just don't think it's a common sense question.  It's a legal
quagmire than won't be settled without some hard thought and clear rulings.

Jim Davis

> -----Original Message-----
> From: Nick McClure [mailto:[EMAIL PROTECTED]
> Sent: Monday, July 07, 2003 3:13 PM
> To: CF-Community
> Subject: RE: all slashbots are idiots.
> 
> Simple, you own the physical TV or the physical CD, however you don't own
> the information stored in them. Or the information used to create them.
> 
> You cannot take a part the TV and reproduce exact copies; that would be
> patent and or copyright infringement.
> 
> You own the physical plastic, metal, glass and other parts to the TV, you
> are allowed to use the TV for lawful purposes.
> 
> The same holds true with a CD. You own the physical plastic and paper,
> however you are only allowed to use it for lawful purposes.
> 
> A TV has software that it uses to decode signals, change channels, adjust
> color and volume. You don't own that software, you can only use it.
> 
> > -----Original Message-----
> > From: Nagy, Daniel J [mailto:[EMAIL PROTECTED]
> > Sent: Monday, July 07, 2003 3:04 PM
> > To: CF-Community
> > Subject: all slashbots are idiots.
> >
> > in response to an interview with the Freenet creator and Oppenheimer,
> > poster-child of the RIAA :
> >
> > Interview :
> > http://news.com.com/2010-1027_3-1023325.html?tag=fd_nc_1
> >
> > Thread :
> > http://yro.slashdot.org/article.pl?sid=03/07/07/1733230
> >
> > Slashbot Comment #6384559 :
> >
> > > <quote>
> > > "Why should copyright holders, who as owners of intellectual property,
> > have fewer rights than somebody who owns televisions or clothing and
> > attempts to sell them? Clearly everyone would agree that the television
> > and
> > clothing retailers should be able to investigate and prosecute
> > shoplifters.""
> > > </quote>
> >
> > > Why should the owner of a TV have more rights than the owner of a CD?
> >
> > > Copyright owners shouldnt own the information, they should own the
> right
> > to profit from it.
> >
> > > Just like the TV maker doesnt own the TV once they sell it to you,
> they
> > own the rights to sell that TV and profit from it.
> >
> > > What I dont like is the fact that as we buy information we dont truely
> > own
> > it, yet when we buy physical objects we own them. This makes no sense to
> > me,
> > I say if we buy music we should be able to do whatever we want with it.
> >
> > ---
> >
> > Okay, let's see everyones true colors. What's your opinion on this
> matter?
> >
> > --d.
> >
> 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~|
Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=5
Subscription: 
http://www.houseoffusion.com/cf_lists/index.cfm?method=subscribe&forumid=5

Your ad could be here. Monies from ads go to support these lists and provide more 
resources for the community. 
http://www.fusionauthority.com/ads.cfm

                                Unsubscribe: 
http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
                                

Reply via email to