on 10-12-04 3:54 PM, [EMAIL PROTECTED] at [EMAIL PROTECTED] wrote:
It doesn't become copyright infringement until you (and this is where the DMCA and the other copyright laws start to conflict)...
Yeah, that was why I asked about this. I know that under "fair use" and copyright law, you have the right to make an "archival" copy of your stuff. However, the media companies don't seem to have an obligation to enable you to make that copy and can make it as hard as they like for you to do so. So these laws would indeed seem to conflict.
The law says you can do certain things under that "fair use" umbrella. It says nothing about the licensor making that easy.
Eventually there will be some court rulings. Then the lobbiests will kick into high gear and the DMCA revisions will pass, in whatever draconian form. Next.
> The RIAA and MPAA believe a lot of things. Of course the they havedeep pockets, so they can create law. :(
That's the bothersome bit. On my part, I wonder how they can prove actual financial loss due to, say, (the old) Napster, Peer-to-Peer file sharing, etc.
AFAIK, to date, they haven't managed to prove it. Their cases against the software developers (file sharing etc) aren't going well. And the rest are all settlements based on crush-by-legal-fee threats.
In my experience, most people download music that they have no intention of buying anyway.
My friends are 50/50. The ones that can afford to shell out $15 to $25 per CD download to "preview" then buy anyway. The ones that can't afford CDs, download more, but then do some buying on iTunes eventually.
Personally, I think the prices being charged for CDs are outrageous, especially considering that the artists themselves less than $1 each. So I vote with my wallet. I used to buy two or three CDs per month. Now when I buy, I buy off artist's web sites directly.
But I have to wonder how you go about proving that one way or the other in a bad economy.
I saw a great episode of Nightline recently... They pointed out two major things:
1) There was a horrible crash in the record business years ago, far worse than what has happened over the past few years!!! Early 1920s (I think; definately that time frame). Record sales were going strong then BAM they dropped by 80%! A new fangled technology had arrived in homes, and it was decimating music sales: Radio. The industry threw a fit! They sued and sued and sued then finally paid congress for laws. That was the start of the royalty system. SSDD.
2) The CD sales have been artifically boosted for the past decade because people were replacing their vinyl/cassette collection!
> If they want to toss me in the pokey for making CDs out of my 33s,cassettes, and 8tracks, so be it.
Hey, if you need to ditch the originals to "make space," I'd be happy to help you out! Even after I (eventually) digitize all of my vinyl, I suspect I will still want to hold onto the originals, though. Compact Disc cover art? Bah!
Well, technically... If you get rid of the original then you are transferring the license. So then your copies are infringements... :)
- Dan.
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