Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread Ian_F

Sorry, I just couldn't keep away from this thread..

Just came across this little gem - http://www.lewishometheatre.co.uk/

Click on the MC Series Media Centers tab at the top and choose the
Multiroom option. Is that a Gladiator DVD next to their unit? Surely
they're not suggesting that you can store your pre-recorded DVDs on
there?! Also, check out the DVD Catalogue system in detail section
near the bottom of the page. 
If you also choose the MS Series option you'll note that you can
store up to 300 HD DVDs on their unit. Impressive. That's an awful lot
of homemade camcorder footage, isn't it!! ;)


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Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread Seineseeker

They just want to restrict everything including DVDs.

For me, I have invested a huge amount of money in the record industry,
I have a stack of LPs which I can't play on my squeezebox, I have paid
for that music once and record companies would expect me to buy it
again to listen to it how I want to.

I don't think there is much wrong in copying a few CDs here and there.
They (the record companies) expect you to pay 10 quid for a CD you
might not even like, they don't give you a free trial. They release
clips to make you think its good and then you find its 80% filler. So I
buy the CDs I really want, and copy the ones I might listen to a couple
of times. If I like it, I'll probably end up buying more CDs by the
same artist in time.


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Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread sstatman

Seineseeker;196029 Wrote: 
 They (the record companies) expect you to pay 10 quid for a CD you might
 not even like, they don't give you a free trial. They release clips to
 make you think its good and then you find its 80% filler.

I recognize that I'm one of the bad guys in this conversation (working
as I do for a company that uses DRM and works with the labels), but I'd
like to suggest an alternative try before you buy method here.

For free, for no email address or credit card or anything, you can
listen to 25 tracks a month at http://www.rhapsody.com. You can use it
with Firefox or MSIE or Safari on Windows, Linux, or OS-X. All legal,
all above board, all pretty easy, and it's the full Rhapsody catalog
(3+ million tracks) at 128kbps.

You'll get the occasional nag to buy Rhapsody, and there are ads on the
page, but otherwise it's the easiest way I know to sample music quickly.


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Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread opaqueice

sstatman;196183 Wrote: 
 
 For free, for no email address or credit card or anything, you can
 listen to 25 tracks a month at http://www.rhapsody.com. You can use it
 with Firefox or MSIE or Safari on Windows, Linux, or OS-X. All legal,
 all above board, all pretty easy, and it's the full Rhapsody catalog
 (3+ million tracks) at 128kbps.
 

Are there any plans to provide higher bitrate streams at some point?


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Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread sstatman

opaqueice;196217 Wrote: 
 Are there any plans to provide higher bitrate streams at some point?

Not currently, but it will happen at some point.


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Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread ctbarker32

Why not download 739 free MP3s completely legally to start off your
friends new collection?

Torrent here:

http://player.sxsw.com/torrents/SXSW_2007_Showcasing_Artists-Release_1.torrent

Info here:

http://2007.sxsw.com/toolbox/

-CB


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Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread Michaelwagner

Michael Herger;194122 Wrote: 
 (there have been adjudictions confirming this). 

I think Michael means judgements or rulings.


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Re: [slim] Is there a lawyer in the house?

2007-04-19 Thread Michael Herger
 (there have been adjudictions confirming this).

 I think Michael means judgements or rulings.

Ahm I only misspelled slightly. I meant adjudications - still don't  
know whether this is the right word :-)

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Re: [slim] Is there a lawyer in the house?

2007-04-18 Thread opaqueice

tyler_durden;195704 Wrote: 
 In the future, you will pay someone for the images hitting your retinas
 (you're looking at MY house, and I paid for the house, so you gotta pay
 me to look at it..)...

You're a real optimist, aren't you, Tyler?

How much do I owe you for reading your post?


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Re: [slim] Is there a lawyer in the house?

2007-04-18 Thread tyler_durden

You quoted my post, so normally, there is an additional charge beyond
the charge for merely reading the post.

Since you quoted my post without my permission, you'll be hearing from
my lawyer.  We are going to file for massive punative damages  and make
an example of you so that others won't get the idea that it's OK to
quote other people's posts without prior consent.  This heinous
behavior needs to be nipped in the bud (Barney Fife gave me
permission to quote him- I have a signed release).

TD


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Re: [slim] Is there a lawyer in the house?

2007-04-18 Thread Kyle

Ian_F;195674 Wrote: 
 the point I was trying to make (but failing) is Microsoft, not some
 individual or group of individuals, provide the tools to copy CDs and
 provide links to tagging websites etc. so in effect encourage people
 to do it or at least legitimise it.

Yes, there have been efforts to address this very issue by adding
tariffs to the equipment used to make copies, like blank CD's and
satellite radios that have the ability to record.  The reason laws are
so muddy in this area is that technology has evolved much faster than
lawmakers' and regulators' ability to decide what is fair use and how
to make sure artists (and, yes, large corporations) have their
investments protected.  There is also the issue of international law
and the fact that different countries are approaching these questions
in a vast variety of ways.


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Re: [slim] Is there a lawyer in the house?

2007-04-18 Thread danco

So what are the terms and conditions of using the forum? 

Some day this might be an important question.

Tyler, I have not quoted you. I suspect that, though you may (or may
not) own the copyright of your posts, you might have agreed when
joining the forum that your messages can be quoted within the forum.

The wider issue of this is significant. Articles posted on one's own
Web site do have copyright and anyone using them elsewhere is breaching
copyright.

Hence the concepts of copyleft and Creative Commons licences.


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Re: [slim] Is there a lawyer in the house?

2007-04-18 Thread tyler_durden

Apple sells 30 GB audio ipods. They also sell songs for $2 each. 
Someone would have to spend many thousands of dollars filling a 30 GB
ipod at $2 per song.  Who would do that?  Almost no one.  Apple could
sell 2 GB ipods and reasonably expect people to fill them with music at
$2 per song.  So why do they sell 30 GB ipods instead of 2 GB ipods? 
Since almost no one could be expected to fill it at $2 per song, they
must expect people to fill it other ways.

The whole technology industry is working to make copying and sharing
music and movies easier.  Look here, they say, this little box will
hold 50 DVDs (but we'd never encourage you to violate the DMCA).  

At the same time the media companies are working to make it harder for
music and movies to be played without someone (namely them) getting
paid.

Until now the media companies have spent more money to buy politicians,
so they have things like DMCA, etc.  The law is on their side because
they have purchased it.  Eventually, the technology companies will
either join the media companies (witness M$ recent forays into media)
or have to start spending more to buy politicians.  Either way, the
lawyers will make even more money.  

In the mean-time us ordinary people who are being told about 50 DVDs in
one ear and about DMCA in the other have to choose which side we are on.
Neither side cares about me.  Both are after my money.  I go where I
get the best value for my money.  It would be irrational not to.  I
have made my choice and have no problem sleeping at night.

TD


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread jfalk

Re: vinyl... In the Napster case, the court pretty much said what you
are doing (illogically, IMHO) was wrong.  While you are entitled to
make a copy of stuff you own, you are not entitled to demonstrate to a
third party that you own it and have them send it to you.  The
infringement was in Napster keeping digital copies of what you owned on
their own servers and sending it to you.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread snarlydwarf

jfalk;195565 Wrote: 
 Re: vinyl... In the Napster case, the court pretty much said what you
 are doing (illogically, IMHO) was wrong.  While you are entitled to
 make a copy of stuff you own, you are not entitled to demonstrate to a
 third party that you own it and have them send it to you.  The
 infringement was in Napster keeping digital copies of what you owned on
 their own servers and sending it to you.

That was the mp3.com case, I believe.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread Rick B .

jfalk;195565 Wrote: 
 Re: vinyl... In the Napster case, the court pretty much said what you
 are doing (illogically, IMHO) was wrong.  While you are entitled to
 make a copy of stuff you own, you are not entitled to demonstrate to a
 third party that you own it and have them send it to you.  The
 infringement was in Napster keeping digital copies of what you owned on
 their own servers and sending it to you.

I don't think that Napster kept any digital copies of music files on
their servers. My understanding is that they simply kept track of who
had what on their PC's. When you downloaded a song from Napster it
was actually copied from someone else's PC.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread opaqueice

mswlogo;194806 Wrote: 
 
 I hear more arguments that the big music giants are rich. What's few
 ripped songs. Does that mean I can go to walmart and stuff a an Ipod in
 my coat poacket without paying. Their rich.
 

I hate it when people equate copyright violations with theft.  They are
simply not at all alike.  If I copy a digital music file from its owner,
I haven't taken anything away from them, or deprived them of anything. 
It's completely unlike stealing something (which doesn't necessarily
make it right, just different).  

Sometimes people argue that in copying, you are depriving the rights
owner of possible future income, since you are now less likely to
purchase the music (which itself is an assumption), and have therefore
stolen something from them.  But you might as well argue that in
choosing to buy one bottle of wine over another, you're depriving the
other vineyard of potential profits, and are therefore guilty of theft.
If you stay home and don't buy anything, are you stealing from every
company you might have bought something from?  Obviously not - the
concept of property and ownership just isn't the correct one for these
cases, and it's a shame it's gotten conflated with it.

This isn't an issue of moral right, it's an issue of what is best for
our society.  In the case of physical property we have decided
collectively it's best to allow owenership and make theft a crime and
an immoral act.  But the question of copyright is relatively very
recent, and nothing is forcing us to choose any particular path.   
It's no more clear that copying music is wrong than it is that
preventing music from being copied is wrong.  It's just not a moral
issue, at least not to me - it's a question of what is best.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread Kyle

opaqueice;195629 Wrote: 
 the concept of property and ownership just isn't the correct one for
 these cases, and it's a shame it's gotten conflated with it

I disagree.  Clearly, the concept of intellectual property has merit
and has been upheld time and again by the courts.  An artist does
retain certain rights to his or her work and usurping those rights has
been found to carry civil and criminal -- not to mention moral --
consequences.  For most of us, if we are copying music at all, it is on
such a small scale that the chances of being sued or prosecuted are
minimal.  So, for me at least, it boils down to a moral issue.  But
theft of intellectual property is still theft.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread snarlydwarf

Kyle;195654 Wrote: 
   But theft of intellectual property is still theft.

Except that statement presupposes the conclusion, ie you have a logical
error in your argument.

Of course theft of X is theft, just as a painting of a car is a
painting.

But you haven't defined what theft is, which is where the problem lies.
Is everything done by Negativland theft?  Why or why not?

Years ago, outside Ghirdelli Square in SF, there was an old guy with
his guitar.  A real fixture there, and he was there for decades.  Heck,
he may still be there.  If he sings a song written by someone else is
that theft?  I doubt he is reporting his public performances and
turning over a portion of the spare change to ASCAP  Is that theft?
Why or why not?

Theft is very easy to define in the physical world: it is much more
difficult in the IP world.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread Ian_F

This is _such_ an interesting thread.

I've no desire to take this completely off topic but perhaps one of you
knowledgeable people here can help with something that is puzzling
me.there is no copy protection on most music CDs and Microsoft and
co provide tools to allow you to easily rip them and they even tag them
for you. iPods are not as popular as they are because people want to
listen to their own musical creations on them. I presume therefore that
this is not illegal (or at least you won't be prosecuted), as long as
you own the original and do not re-distribute it etc etc. But the same
is not true for DVD videos.
Why's that?


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread snarlydwarf

Ian_F;195664 Wrote: 
 I presume therefore that this is not illegal (or at least you won't be
 prosecuted), as long as you own the original and do not re-distribute
 it etc etc. But the same is not true for DVD videos.
 Why's that?

Don't be so sure you won't be prosecuted.  RIAA insists there is no
such thing as fair use.  It is unlikely they would win a case against
someone at the moment, but if they buy some more votes, they could make
it for-sure-illegal to media-shift even for personal use.

For DVD's, there is plenty of software that will copy a DVD.  The only
gotcha is CSS (not related to HTML's style sheets), it is a content
scrambling system that sort of encrypts DVD's.  The MPAA pretends that
it is designed to stop piracy: which is not true.  It is designed to
allow them to sell movies at different pricepoints in different
regions.  It does nothing at all to prevent copying.  Real pirate
operations (those that churn out completely legit looking pressed
discs) aren't slowed down at all by CSS, and could even release region
locked discs if they wanted to.

MPAA has managed to argue that this makes it protected under the
Digital Millenium Copyright Act, which makes it illegal to try to
circumvent in the US.

(And has no effect at all on the real theft: the 3rd world duplication
plants that churn out hundreds of thousands of discs that look almost
exactly like the real thing, including packaging.)


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread Ian_F

snarlydwarf;195670 Wrote: 
 MPAA has managed to argue that this makes it protected under the Digital
 Millenium Copyright Act, which makes it illegal to try to circumvent in
 the US.

So it's the breaking of the copy protection itself that's key here?

I'm aware that you can break the copy protection on DVD Videos, if you
have the right tools, the point I was trying to make (but failing) is
Microsoft provide the tools to copy CDs and provide links to tagging
websites etc. so in effect encourage people to do it.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread jeffmeh

opaqueice;195629 Wrote: 
 I hate it when people equate copyright violations with theft.  They are
 simply not at all alike.  If I copy a digital music file from its
 owner, I haven't taken anything away from them, or deprived them of
 anything.  It's completely unlike stealing something (which doesn't
 necessarily make it right, just different).  
 
 Sometimes people argue that in copying, you are depriving the rights
 owner of possible future income, since you are now less likely to
 purchase the music (which itself is an assumption), and have therefore
 stolen something from them.  But you might as well argue that in
 choosing to buy one bottle of wine over another, you're depriving the
 other vineyard of potential profits, and are therefore guilty of theft.
 If you stay home and don't buy anything, are you stealing from every
 company you might have bought something from?  Obviously not - the
 concept of property and ownership just isn't the correct one for these
 cases, and it's a shame it's gotten conflated with it.
 
 This isn't an issue of moral right, it's an issue of what is best for
 our society.  In the case of physical property we have decided
 collectively it's best to allow owenership and make theft a crime and
 an immoral act.  But the question of copyright is relatively very
 recent, and nothing is forcing us to choose any particular path.   
 It's no more clear that copying music is wrong than it is that
 preventing music from being copied is wrong.  It's just not a moral
 issue, at least not to me - it's a question of what is best.

Well, there is certainly a fundamental difference in that copying
intellectual property does not deprive the owner of the intellectual
property, while taking an apple deprives the owner of that apple.  On
the other hand, if we stipulate that the IP owner has rights associated
with the IP, then copying the IP deprives the owner of those rights,
just as taking an apple deprives the owner of the right to do what he
pleases with the apple.

Whether there should be any recognized rights to intellectual property
is a valid question.  Certainly, the economic incentive to invest the
time and money to produce works, be they art, music, literature,
product designs, or whatever, is severely curtailed if someone can just
swoop in, take those works, and have the revenue opportunity with none
of the initial investment risk.  Further, that dynamic leads to keeping
information secret, and therefore slows progress on the state of the
art that would occur if information were more readily shared.  The
basic intent of patent and copyright law is to provide the protections
that lead to such information sharing.  On the other hand, aspects such
as absurdly long terms of copyright, draconian interpretations of fair
use, etc., all subject to the whims of Congress, do not make a whole
lot of sense either.

Personally, I favor consentual contracts between IP owners and
licensees, with contract violations subject to remedy through civil
law, but I do not expect to see that in my life time.

As far as it being a question of what is best, that is a pretty heavy
philosophical discussion in itself, lol.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread snarlydwarf

Ian_F;195674 Wrote: 
 So it's the breaking of the copy protection itself that's key here?

For DVD's, yes.  Ironically, according to the DMCA, if you have an
audio CD that installs a rootkit to restrict copying... it is illegal
to publish hold F1 when inserting this as that is getting around a
protection scheme.  Incredibly boneheaded law, but that's what happens
when you have non-technical people deciding laws based on how they
think reality should be.
 
 I'm aware that you can break the copy protection on DVD Videos, if you
 have the right tools, the point I was trying to make (but failing) is
 Microsoft, not some individual or group of individuals, provide the
 tools to copy CDs and provide links to tagging websites etc. so in
 effect encourage people to do it or at least legitimise it.

Which is why it would be really hard for RIAA to stop, at least now. 
Fair Use is a nice vague term, and most people would have problems
seeing ripping-your-own for your iPod/Zune/Squeezebox as anything but
legal..  I just wouldn't count on it.

http://www.eff.org/deeplinks/archives/004409.php


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread Pat Farrell
snarlydwarf wrote:
 So it's the breaking of the copy protection itself that's key here?
 
   Incredibly boneheaded law, but that's what happens
 when you have non-technical people deciding laws based on how they
 think reality should be.


I believe it is much worse than that. The DMCA was written by the RIAA's 
lawyers and presented as a package for the Congress to approve.

The RIAA directly, and the labels indirectly, gave a lot of money to the 
congressional fund raising efforts.

I believe that 90% of the representatives who voted for the law never 
read any of it.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread Ian_F

snarlydwarf;195685 Wrote: 
 For DVD's, yes.  Ironically, according to the DMCA, if you have an audio
 CD that installs a rootkit to restrict copying... it is illegal to
 publish hold F1 when inserting this as that is getting around a
 protection scheme.  Incredibly boneheaded law, but that's what happens
 when you have non-technical people deciding laws based on how they
 think reality should be.
 
 
 Which is why it would be really hard for RIAA to stop, at least now. 
 Fair Use is a nice vague term, and most people would have problems
 seeing ripping-your-own for your iPod/Zune/Squeezebox as anything but
 legal..  I just wouldn't count on it.
 
 http://www.eff.org/deeplinks/archives/004409.php

Thanks. As you say, this whole thing is most bizarre.

Another thing that puzzles me (so many things do!), I'm in the UK by
the way, is the downloading of TV shows from the internet. 

For example, it is illegal for me to download, say, a brand new episode
of Lost or 24 even tho it will be aired in the UK a few days later, even
tho I already pay subs for the Sky channel that it will be aired on. It
can't be the advertisers who'll lose out on potential revenue because I
always FF through the adverts.

Anyway, I'm in serious danger of being flamed for taking this off topic
so I'll get my coat and leave you guys to it ;)


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread opaqueice

jeffmeh;195680 Wrote: 
 Well, there is certainly a fundamental difference in that copying
 intellectual property does not deprive the owner of the intellectual
 property, while taking an apple deprives the owner of that apple.  On
 the other hand, if we stipulate that the IP owner has rights associated
 with the IP, then copying the IP deprives the owner of those rights,
 just as taking an apple deprives the owner of the right to do what he
 pleases with the apple.
 

I just don't think this is a good way to think about things - it's
forcing a square peg into a round hole.  Look at the language you used
- you said taking an apple deprives the owner of the right to do what
he pleases with the apple, when you could have simply said taking the
apple deprives the owner of the apple.  Wouldn't that be much clearer
and less convoluted?  But in order to make the concept of ownership fit
abstractions like music we are forced into these kind of rhetorical
knots.  I think it's even a bit dangerous - if you can own an
abstraction like a song, then it's a short step to owning an idea, and
I don't really want to live in a world where one can own ideas.

Instead, can't we just admit that copyright is not ownership?  Music or
the text of a book simply isn't property, it's something new and
different.  The question we should ask ourselves is whether it's a good
idea to allow creators to have control over copying their creations, or
not, and that's NOT the same question as whether people should be
allowed to own apples or houses.

I think it should be a question of optimizing the law to maximally
encourage creativity, art, and the spread of ideas in our society.  If
we decide a 20 year term of copyright is best, fine - no big deal.  If
you want to see how different that is from real ownership, imagine if
all physical property became public domain 20 years after its creation
:-).


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread Skunk

opaqueice;195688 Wrote: 
 I think it's even a bit dangerous - if you can own an abstraction like a
 song, then it's a short step to owning an idea, and I don't really want
 to live in a world where one can own ideas.

Apparently singing Happy Birthday in public is copyright infringement
against Time Warner, and yes that includes singing it at a restaurant!
I'll run you about 10k if you want it in a movie, and about 2.5k if you
sing it to your co-host on a morning show: 
http://en.wikipedia.org/wiki/Happy_Birthday_to_You

Also, isn't owning an idea called a patent?


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread opaqueice

Skunk;195700 Wrote: 
 
 Also, isn't owning an idea called a patent?

At least originally, patents were granted only for very specific
devices or processes (not for ideas in general), and gave you the right
to limit who could produce or use them *for profit*.  There isn't
anything illegal about building a patented device for your own use.  So
patents really aren't at all like ownership - they merely provide a
limited form of control over commerce in that item.  Now that things
like gene sequences are patented, the situation is becoming rather less
clear - but that's exactly the kind of slippage that worries me.

It's interesting to think about how the world would change if
copyrights didn't exist.  Does anyone really think artists would stop
making art, or musicians stop making music?  If patents didn't exist,
would that stop university researchers, or secret industrial research? 
It seems to me (following Thomas Jefferson) that the benefits to society
would be enormous.


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Re: [slim] Is there a lawyer in the house?

2007-04-17 Thread tyler_durden

In the future, you will pay someone for the images hitting your retinas
(you're looking at MY house, and I paid for the house, so you gotta pay
me to look at it..) and every sound you hear, and eventually, after the
oil and auto companies have rendered the air unfit to breathe, they
will become the purveyors of breathable air.

All this will make a tremendous amount of work for lawyers. 
Incidentally, at the current rate of graduating lawyers in the US, by
2030 lawyers will make up 90% of the population, leaving the remaining
10%, consisting mainly of illegal aliens, to serve their coffee
(spitting in it first) and clean their toilets (using the lawyer's
toothbrushes).

I can hardly wait!

TD


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Re: [slim] Is there a lawyer in the house?

2007-04-16 Thread alZmtbr

I'm guilty of copying (other peoples) music files that I have vinyl
copies of...

Just saving myself the bother/time of doing it the 'long way'?


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Re: [slim] Is there a lawyer in the house?

2007-04-15 Thread Peter
djfake wrote:
 Yeah, many people seem to feel that way. I don't care at all for the
 actual media. As soon as I buy or am given a CD it gets ripped to FLAC
 and the original gets banished to some cardboard box in the loft.
 

 You'd have to delete any music you ripped if you sold any of the
 original CDs. . .
   

I never sell any CD's, come to think of it, I don't buy many either ;)

Regards,
Peter
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Re: [slim] Is there a lawyer in the house?

2007-04-14 Thread tyler_durden

Ned Flanders to the rescue!

Next you'll want to ban women from wearing pants...

TD


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Re: [slim] Is there a lawyer in the house?

2007-04-14 Thread Richie

... but since the person who copied the CDs is only guilty of copyright
infringement, no one has actually given or received stolen goods.

Richard


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Re: [slim] Is there a lawyer in the house?

2007-04-13 Thread Peter
Ian_F wrote:
 I don't know about anyone else here but I've been lent many albums in
 the past that I've liked so much I've gone out and bought them. I for
 one, just love being able to hold the real thing. I enjoy looking at
 the album art, reading through the little booklet, looking at the
 pictures, just as much as listening to the album itself. When they
 include the lyrics, hey, I'm in heaven!
   

Yeah, many people seem to feel that way. I don't care at all for the 
actual media. As soon as I buy or am given a CD it gets ripped to FLAC 
and the original gets banished to some cardboard box in the loft. 
Physical media are so outdated.  I may bother to scan the booklet, but I 
probably won't.

When the harddisk has outlived its usefulness I just throw it away 
without a second thought, after I copied the data of course...

Regards,
Peter

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Re: [slim] Is there a lawyer in the house?

2007-04-13 Thread djfake

 
 Yeah, many people seem to feel that way. I don't care at all for the
 actual media. As soon as I buy or am given a CD it gets ripped to FLAC
 and the original gets banished to some cardboard box in the loft.

You'd have to delete any music you ripped if you sold any of the
original CDs. . .


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Re: [slim] Is there a lawyer in the house?

2007-04-13 Thread mswlogo

Don't do it.

We all know the temptation because it's so easy. You know it's wrong.

A friend of my wifes came over the other day and I said to bring a few
CD's to listen on my system.

He brought a selection that he burned. And gave it to me as a gift.
We listened to it and there was some good music on it.

But as soon as he left I chucked it. Giving stolen music away is not a
gift !!!

I've had folks give Xmas CD's away with music they selected. They think
they composed it because they picked the songs.

I hear more arguments that the big music giants are rich. What's few
ripped songs. Does that mean I can go to walmart and stuff a an Ipod in
my coat poacket without paying. Their rich.

Have him buy his own music.


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Re: [slim] Is there a lawyer in the house?

2007-04-12 Thread djfake

mflint;194129 Wrote: 
 
 
 It is silly though. I'm not ashamed to say I've taken copies of music
 from friends. If I like it, I'll buy it. If I don't, it gets sent to
 /dev/null. Everyone's a winner surely?
 
 M

Agreed! Downloading music is my primary way to sample new music. Was
this post initiated by the RIAA? 

c


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Re: [slim] Is there a lawyer in the house?

2007-04-12 Thread Harry G

djfake;194333 Wrote: 
 Was this post initiated by the RIAA? 
 
 c

NO. I've been coming here infrequently for a few years and don't work
for the RIAA.

It was that googling did not give me a clear answer. I don't think the
thread will make anyone feel guilty. If fact, while I'm not sure but
think that giving copies of music to a friend may be a illegal, I'm
pretty sure if it is that its civil, not criminal and that accepting
the music is not illegal at all. This (probably correct) information
does'nt  do the Riaa much good.


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Re: [slim] Is there a lawyer in the house?

2007-04-12 Thread tyler_durden

Don't feel guilty about music sharing.  

Why should you feel guilty about giant media conglomerates who have the
resources to buy and sell congressmen and senators?  Do you think they
feel any guilt about that?  Do you think the politicians feel any guilt
about selling their attention to the highest bidder?  Do you think the
lawyers who act as go-betweens feel any guilt about what they do?

To quote Satan in the Devil's Advocate, guilt is like a load of
bricks.  Who are you carrying them for anyway?

TD


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread tyler_durden

Right.  Don't do it.

Now if you happen to have your collection backed up on an external HDD,
and you ask your friend to store it at his home in case your house burns
down, and he happens to plug it into his server, and you don't know
about it, I guess there's nothing anyone can say about it.

TD


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Michael Herger
 Does anyone know for sure what the legal status is for giving some of
 your music files to a friend?

Absolutely legal - if you're living in Switzerland ;-). We still have the  
law where you're allowed to distribute copies of audio CDs, video and  
printed material to friends and family members for non-commercial usage.  
You're not allowed to offer them for public download or through P2P  
networks though, as you can't control who's downloading the files (there  
have been adjudictions confirming this). Software is another story - while  
it fell under the same law, this was changed in the early 90ies.

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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Tom
 Does anyone know for sure what the legal status is for giving some of
 your music files to a friend?
 
 Absolutely legal - if you're living in Switzerland ;-).

Hey, that's great to know! (I live in Ticino)

Tom


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Tom
 Does anyone know for sure what the legal status is for giving some of
 your music files to a friend?

 Absolutely legal - if you're living in Switzerland ;-). We still have the
 law where you're allowed to distribute copies of audio CDs, video and
 printed material to friends and family members for non-commercial usage.
 You're not allowed to offer them for public download or through P2P
 networks though, as you can't control who's downloading the files (there
 have been adjudictions confirming this).

P.S.

Is it legal to DOWNLOAD such material here?

Tom


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Siduhe

Harry G;194109 Wrote: 
 We all know its legal to copy the music you have to your kid's IPod...

Again, depends where you are.  In the UK, technically, it's illegal
even to do that (although the BPI has kindly said they wouldn't
prosecute for someone taking a backup of their music files or
transfering them to an mp3 player).

One solution would be to buy your friend a couple of knockdown price
CDs (The Very Best Power Ballads in the World Vol XII or similar),
rip them and give the files to him with the original CDs.


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Michael Herger
 Is it legal to DOWNLOAD such material here?

I'm not sure about that - I doubt it. Leave the dirty work to your friends  
and family member, and copy everything from them ;-)

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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread mflint

You could probably argue it's OK if you only give him ripped copies of
music that he already owns... alternatively, you could borrow some of
his favourite CDs and rip them for him, or introduce him to some funky
new tunes that you download from a legal free music website.

It is silly though. I'm not ashamed to say I've taken copies of music
from friends. If I like it, I'll buy it. If I don't, it gets sent to
/dev/null. Everyone's a winner surely?

M


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Tom
 Is it legal to DOWNLOAD such material here?

 I'm not sure about that - I doubt it. Leave the dirty work to your friends
 and family member, and copy everything from them ;-)

Actually, I've never downloaded anything, but my kids do.  Everything I have 
is ripped from my, family, or friends' CDs.  And of course I keep a backup 
copy at work, my girlfiriend's, and a couple other friends'.

Tom


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Harry G

egd;194113 Wrote: 
 I think the answer is pretty simple, it is no different to making your
 albums available for distribution online or copying a cd to give to
 someone else.

I expected it to be that simple but the more I google, the grayer the
subject appears to be. Much revolves around fair use and audio home
recording act. On these the Wikipedia pages are informitive but if you
go the the discussion tabs, the experts are arguing behind the
curtain. Also important I think is a legal case that allowed the eIPod
and its ilk, RECORDING v DIAMOND :
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9thnavby=caseno=9856727

Some activist sites like:http://www.nyfairuse.org/ flat out say that
its legal as long as there is no profit motive.

I can't digest any more text for now but I've seen enough references to
Digital Millennium Act that I would guess that's important too.

I agree that what I describe is no different from making a CD copy for
a friend, but from what I'm reading, I'm not certain either is illegal.


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread jeffmeh

Harry G;194133 Wrote: 
 I expected it to be that simple but the more I google, the grayer the
 subject appears to be. Much revolves around fair use and audio home
 recording act. On these the Wikipedia pages are informitive but if you
 go the the discussion tabs, the experts are arguing behind the
 curtain. Also important I think is a legal case that allowed the eIPod
 and its ilk, RECORDING v DIAMOND :
 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9thnavby=caseno=9856727
 
 Some activist sites like:http://www.nyfairuse.org/ flat out say that
 its legal as long as there is no profit motive.
 
 I can't digest any more text for now but I've seen enough references to
 Digital Millennium Act that I would guess that's important too.
 
 I agree that what I describe is no different from making a CD copy for
 a friend, but from what I'm reading, I'm not certain either is illegal.

Nor should you be certain that either is legal  However, you can be
as about as certain as is possible, given the uncertainty inherent in
case law, that copying for your own use constitutes fair use.  You
can also be fairly certain that copying for your friend's use does
not.

Some (particularly the RIAA) would argue that copying even for your own
use violates the DMCA, and they may even be technically correct, but
that implies that the DMCA contradicts the historical legal
interpretation of fair use.  That seems to be the most restrictive
and pernicious gray area.

Others would argue that you should be able to copy as much as you want
as long as there is no profit motive, but that ignores the legal
precedents.  For example, one could never legally print 1000 (or even
one) copies of a copyrighted book and distribute them, as purchasing
the original book constituted one license, not 1001 (in general,
although a given copyright holder can relax the licensing terms for his
work).  However, you can legally give the book away, or even resell it. 
Similarly, it is likely legal (and certainly ethical) to copy a CD, and
give your friend the copy as well as the original CD.

Disclaimer:  I am not a lawyer, nor do I play one on TV, although I do
have a fair amount of experience with intellectual property contracts
and copyright law.


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread adamslim

mflint;194129 Wrote: 
 It is silly though. I'm not ashamed to say I've taken copies of music
 from friends. If I like it, I'll buy it. If I don't, it gets sent to
 /dev/null. Everyone's a winner surely?

Well it makes sense, but not to the major record companies!

In most countries, copyright breach is not theft, whatever the record
companies say, so your friend in law enforcement would not care much -
it's usually a civil thing, not a criminal thing.  However, he would
normally do best to stay clear of something so morally dubious ;)

Even the old days of creating a compilation tape for your friends is
copyright breach, sadly, in the UK at least.  Giving them copies of
huge sections of your library is not really justifiable, IMO.

Ultimately fair use can only really be taken to be ripping and backing
up for yourself, not creating copies for friends, irrespective of the
profit.  You might be willing to argue that you are providing an
interim library while your friend rips his own CDs in, with the
expectation that he will delete it when he has a reasonable library
himself, but I wouldn't want to argue this as fair use in court!

I think that the best thing to do is use your own moral guidance:
- Do you think it's fair to give away the fruits of someone else's
labour?
- Do you think it's fair to lend to your friend while he gets his own
stuff sorted?
- Do you think it's fair to give your friend mainstream stuff that he
could hear on the radio and from artists that are really rich already?
- Do you think it's fair to give your friend compilations of some cool
stuff, artists that he might buy the albums of if he likes them?
- etc etc etc

Whatever you really think is fair, do.  No-one will consider you evil,
except the RIAA and its equivalents, and you will know they are wrong
:)

Adam


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Skunk

It may be helpful to think of professional wedding photos. You are not
allowed to take a photo to the printer and have one exact copy made for
your parents, or even for your own bedroom, because it's copyrighted by
the photographer. The printer will refuse if it looks too professional,
or ask you to prove that you took the original, mainly since you don't
have negatives. 

In my opinion (which is not a lawyer's), slimserver itself operates in
the gray area. The audio home recording act allows for a copy to be
made to cd-r, as royalties have been paid on blank discs and digital
tape, but nowhere is a hard disk drive mentioned. Last time I checked
even the RIAA said it's 'ok' to use the iPod etc, but only informally
(and contrarily to other statements of theirs). It would be nice to
have a legal precedent, and I think the Electronic Frontier Foundation
has a petition online you can sign in support of a more technologically
minded bill.


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread amcluesent

You could buy some non DRMed, FLAC encoded music from Magnatune and, as
they encourage, give it away to three friends -
http://www.magnatune.com/info/give


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Kyle

amcluesent;194225 Wrote: 
 You could buy some non DRMed, FLAC encoded music from Magnatune

Yeah, this sounds good:  The Wretch: painful ambient industrial noise. 
;-)


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread smc2911

Harry G;194109 Wrote: 
 We all know its legal to copy the music you have to your kid's IPodDepends 
 where you are. In Australia, even that's not legal. Not yet,
anyway. There is new legislation coming through that will allow format
shifting but not backups. So we will be able to copy to an iPod but not
make a copy of the CD to play in the car. Also, strictly speaking,
although we can rip to a hard-drive, we won't be allowed to make backup
copies. Madness!


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Ian_F

Interesting stuff guys.

I'm of the opinion that it's ok to lend your friend a few albums whilst
he gets his ripped. By a few I would say two or three, not hundreds. No
record company will ever sue you, they'd just look stoopid.

I don't know about anyone else here but I've been lent many albums in
the past that I've liked so much I've gone out and bought them. I for
one, just love being able to hold the real thing. I enjoy looking at
the album art, reading through the little booklet, looking at the
pictures, just as much as listening to the album itself. When they
include the lyrics, hey, I'm in heaven!


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread snarlydwarf

Ian_F;194274 Wrote: 
  No record company will ever sue you, they'd just look stoopid.

I didnt think they cared about looking stupid...  I mean, most of them
seem to enjoy it.


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread Ian_F

snarlydwarf;194278 Wrote: 
 I didnt think they cared about looking stupid...  I mean, most of them
 seem to enjoy it.

hahaha. Good point!


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread joatca

Harry G;194109 Wrote: 
 
 Does anyone know for sure what the legal status is for giving some of
 your music files to a friend?
 

Assuming you are in the US, I think other posts have it correct.
However here in Canada, if I understand the law correctly, it is legal
to make a copy of music (and only music, not movies, not books) for
personal use. The law does not specify that you must own the media you
are copying from.

Thus, for example, it would be legal for me to visit a friend's house,
and using his equipment (but my own blank media), make myself a copy of
one of his CDs, and take it home. However, it would be illegal for him
to copy his own CD then give me the copy. The essence is in who
performs the copying.

Thus I believe (but I'm not a lawyer) that it would be perfectly legal
for me to borrow a CD from the local library and make a copy for
myself. As soon as I give it away to someone else, it becomes illegal.

Any Canadian lawyers in the house? :-)


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Re: [slim] Is there a lawyer in the house?

2007-04-11 Thread snarlydwarf

joatca;194289 Wrote: 
 
 Thus I believe (but I'm not a lawyer) that it would be perfectly legal
 for me to borrow a CD from the local library and make a copy for
 myself. As soon as I give it away to someone else, it becomes illegal.

I believe it also has to be to a media that has the appropriate tax on
it.  (Ie, a CD-R would do, but a computer hard drive might not...)

Sort of similar to what was supposed to happen in the US with the Home
Audio Recording Act, but that didn't end up as being clearcut as it was
intended.


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[slim] Is there a lawyer in the house?

2007-04-10 Thread Harry G

We all know its legal to copy the music you have to your kid's IPod and
that its not legal to upload it for the world pick up from a torrent
site. 

Does anyone know for sure what the legal status is for giving some of
your music files to a friend?

I think everyone knows the drill. Friends come over, like what you do
with music from your Squeezebox and a few weeks later, you're helping
them get their Squeezebox configured.

In this situation, I'd really like to get the new owners started with
some music so they have something to listen to before they rip their
collection. 

While I've wondered about this for awhile, I wouldn't ask here except
that our latest interested friend is in law enforcement. Its not that I
think he'd haul me away. Its that I just don't want a potentially
embarrassing situation. Thanks for your generous offer but its a
federal offense. puts a real damper on dinner conversation.


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Re: [slim] Is there a lawyer in the house?

2007-04-10 Thread egd

Harry G;194109 Wrote: 
 Does anyone know for sure what the legal status is for giving some of
 your music files to a friend

I think the answer is pretty simple, it is no different to making your
albums available for distribution online or copying a cd to give to
someone else.


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