You're a sharp cookie Neil.
I'm not going to fulfill all the requests for legal memoranda because
it would take me several days and I'm on vacation, and to be honest
I'd have a lot of learning to do.
Your point about scrambled TV programs is an excellent one that I
hadn't considered. Cable TV companies will kick your behind in the
U.S. if they catch you and it's very enforceable. The point about
scrambled TV broadcasts was a sharp left uppercut to my jaw!!! I'm
woozy!!! You have me reeling!!! I had to .... THINK!!! Okay, try
this, it wasn't the act of recording that was illegal, it was
descrambling the signal that was illegal. Otherwise, it's just
time-shifting (see below). I win!!!
(shift to screen and music between pac-man levels two and three.)
I don't know how it works in England, but cases and controversies are
settled under the facts of a specific case only in the U.S. and
exactly how a court will get from point A to point B is quite
unpredictable. They often try to avoid the big issue in the back of
everyone's mind and cut the whole thing off at the pass. As far as I
know, no one's been prosecuted or sued for copying a friend's CD to MD
or trading MDs with a friend. That's the big argument here isn't it?
So, sort of a case here a case there a statute there, here, to my
rudimentary understanding, is what happens in the U.S:
Want to make recordings of your own or someone else's CD for
non-commercial use in the home? Read the clear text of the AHRA.
Hmm, Mr. Artist, Mr. Recording Industry, bring that one before a court
and you could be in trouble for bringing a frivolous law suit.
Want to sell an MP3 recorder to people for very foreseeable copyright
infringement in someone's home? Oh dear, MP3 isn't specifically
listed in the AHRA. Well that's okay, no one's broken the law yet.
Mr. Recording Industry, that's prior restraint. See ya.
Want to copy some pages from a copyrighted book? Hmmmmmmmmm.
That seems fair. We'll call that fair use. See ya Mr. Author, see ya
Mr. Book publisher.
Want to record obviously copyrighted information from the radio or TV
and play it over and over in your home? Hmmm... that's shifted in
time isn't it? We'll call that time shifting. Nothing's stolen. See
ya.
College kid puts copyrighted information available for download on the
internet. Don't care where he got it. Was he selling it? No? See
ya Mr. Prosecutor.
It's all a little goofed in the head, don't you think? Very creative,
but a little lame. Come on, put two and two together, who's being
protected?
You want the FBI to get a warrant to search your home because they
have probable cause to believe you have been recording minidiscs of
other people's CD's? Really?
You want CD's with controversial political speech (and that's a lot of
pop music these days) to be available only to people who buy them?
Bottom line, do you want the government in a position to restrict and
decide what can or cannot be copied in your home? Don't you think
that's getting a little dangerous? Don't you think your liberty is at
stake a little bit here?
Anytime copyright law is mitigated in the U.S., it is mitigated due to
a competing Constitutional value. It has to be, because copyright
itself derives from the Constitution.
Much of our law is not written in statutes (so many people say quote
the exact provision that.....), but rather is developed in an evolving
manner by the courts on a case by case basis. It's called case law.
It causes uncertainty. It makes fellows go nutty. You have to get a
grip of the big picture.
The bottom line is, once someone gets in their home in the U.S , your
copyright grip over them loosens a lot. Put it all together and
someone can record just about anything in their own home once and they
will be okay. That's the way it is, the way it was, and the way it's
gonna be.... Maybe we can thank the British a little for that. ; )
Seriously, though, you're a sharp cookie.
Okay, consider this:
On the back of my Kid Rock CD (yes, I have warped musical taste, and
yes I have the actual CD) it says:
"Unauthorized reproduction of this recording is Prohibited by Federal
law and subject to criminal prosecution and a good way to get your ass
kicked then sued." Taking the humorous intent aside for a moment,
does that mean I agree to get my ass kicked if I copy his CD? You
don't think lawyers get a big chuckle as they're writing that
shrink-wrap crap? It's not an enforceable contract just because it
says so. And breech of contract is never, ever a crime in the U.S.
That's against our Constitution, too. There are huge ugly books in
tiny print about this.
Oh yea, Stainless Steel Rat says that copyright infringement is a
civil matter but you could be found a felon. That's odd, felons are
criminals. Actually, if I remember correctly (and I'm going by
memory) you can be either sued in civil court or prosecuted criminally
for copyright violation. Of course, the standards for finding someone
guilty in a criminal matter (as opposed to liable in a civil matter)
are much higher and, you guessed it, you have all kinds of
Constitutional protections. Ask O.J. Simpson.
The drivel about liberty, freedom of speech, freedom of association,
etc. etc. is featured very prominently in the text of our
Constitution. It's a pretty quick read. Take a look!!! It's very
general (which many of you seem to take offense to), but it carries a
tremendous wallop in our legal system.
Once you start selling copyrighted stuff that you've recorded or
copied, I suggest you look to your conscience as well as the law for
guidance. Come on, use some common sense. I certainly wouldn't do
it.
Thank you all for a tremendously entertaining time. End of topic.
Regards to the list, Steve
-----------------------------------------------------------------
To stop getting this list send a message containing just the word
"unsubscribe" to [EMAIL PROTECTED]
