MD: Titling MD via Newton

1999-12-28 Thread tkwong


Is there any software for titling a MD deck on a Newton PDA? via IR? I have
a old 3 year old Newton 2100 w/ 8MB of ram. This is my main mobile computer
as I check my email and use the web on this thing.

tk

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MD: MD binder sheets

1999-12-28 Thread tkwong


Does anyone know where I can get those plastic sheets that hold MD disk? The
sheets have 3 holes so you can place them a standard 3 ring binder. I have a
couple of these and need some more. Where can I purchase these?

tk

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MD: DAT Store Year-End Super Sale!

1999-12-28 Thread Gary Davis


The DAT Store in Santa Monica, California is having
its most super end-of-year demo sale ever!
Lower prices than ever...
FREE SHIPPING on any item ordered in 1999...(in US)
Full manufacturer's warranties on all new  demo
items...
And... many of these demos are like new!

Sony MiniDisc
MDS-JE700 home recorder demo $194
MDS-PC1 computer-controlled recorder demo $294
MDS-B1 PRO STUDIO (NO SCMS) demo $494
MDS-JE510 home recorder demo $94
MZR-55 portable recorder demo $244
MZR-37 portable recorder demo $174
MZE-35 micro-portable player demo $194
MZE-33 micro-portable player new $134
MZE-P11 portable player demo $94
MZE-40 portable player demo $94
ZS-M1 MD/AM/FM remote controlled desk system demo $194
MXD-D3 CDMD recorder /w 4X dubbing  new $394 demo
$294

PRO CD Recorders
Marantz CDR-630  new $594  demo $494
Tascam CDRW-5000  new $694  demo $594  used $494
Tascam CDRW-4000  new $794  demo $694  used $594 (4X
pro duper)
Tascam CDR-D-400 new $394  demo  $294  (computer 4X
CDRW writer)
Marantz CDR-640  new $1394 demo $1294 (CDRW /w remote)
Marantz CDR-620  demo $1294 (w/ remote and SCSI port)
Pioneer PDR-500   new $394 demo $294 (consumer, works
/w swap trick)
Philips CDR-765new $394 demo $294 (consumer 2x
duper)

Portable DAT Recorders
Sony PCM-M1   new $654 demo $594
Sony TCD-D100 new $644 demo $594
Sony TCD-D8new $594 demo $494 used $394
Sony TCD-D7   used $294

Studio DAT Recorders
Fostex D5  new $594 demo $494
Sony R300 new $594 demo $494
Sony R500 new $994 demo $894
Sony DTC-A5ES  new $794 demo $694 (consumer/5-year
warrantee)
Sony DTC-700 new $494 demo $394 (consumer)
Panasonic SV3700 used $594
Panasonic SV3800 demo $794 used $694
Tascam DA30mkII  used $494
Tascam DA20mkII demo $594
Tascam DA-302 demo $994  (2X dual-well DAT
recorder)  *wow!*
Tascam DA-40  demo $894  (replacement for DA30)
Tascam DA-45HR  demo $994  (24-bit recording)

Sony Digital-Dolby 5-Channel Stereo Receivers (all
100WPC)
STR-DA30ES demo $394 (5-year warrantee)
STR-DA50ES demo $494 (5-year warrantee, touch-screen
remote)
STR-DB830demo $394 (2-year warrantee)
STR-DB930demo $394 (2-year warrantee)


Plus special year-end prices on accessories,
headphones, cables, lank DAT tape, MD's, CDRs, mini-DV
tape, digital cameras and DV camcorders, DVD changers,
and everything else in the store!

The DAT Store  (310) 828-6487  11am-5pm  Mon-Fri
pacific time
or email[EMAIL PROTECTED]for orders or more info

Thank you!
--Gary




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Talk to your friends online with Yahoo! Messenger.
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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread PrinceGaz


From: "Dan Frakes" [EMAIL PROTECTED]
 Legal issues aside, you're wrong about this. People *are* losing money.
 If you record a friend's CD onto an MD, you're getting the album for
 free. Forget about the record company for a minute: the *artist* is
 losing money. The "fine" you keep ranting about is completely irrelevant
 because even when a fee is included in the cost of a MiniDisc, the artist
 whose album you just copied will never see the money. So people *are*
 clearly losing.

No, no, no, no, no.  Nobody is losing any money if I copy a CD that I had
absolutely no intention whatsoever of buying.  If I buy the CD the artist makes
money.  If I copy someone elses the atist makes *no* money.  If I don't copy
someone elses but don't buy the CD myself-- the artist makes *no* money.
So the artist loses nothing.  Thats what I was talking about originally.

 Congress has done studies that are at worst inconclusive, but
 more realisticly seem to indicate that casual copying of music
 helps CD sales rather than hurting it.

I agree with that.
I never for one minute said doing so was legal, just that theres nothing
wrong in my opinion.  It's not impossible that I might, having played my
MD copy a few times decide that I do actually like it enough to buy it (but
honestly, I'd more likely buy a different CD by that artist and return the favor
to my friend :)  I agree with the guy who suggested copying each others
discs may well increase overall sales, instead of buying 1CD and having
1 album, you buy 2 instead and have 4, 6 or however many including the
copies.  In effect, copying makes 'em cheaper so you buy more...  Thats
how I like to justify it to myself anyway.

 As to why other people feel differently than you, I know I personally
 make income from computer software. When people copy it they are stealing
 my hard work. If I made music instead of computer software, the situation
 would be much the same: whenever someone copied my album without paying
 for it, they would be stealing from me and my hard work. It doesn't
 appear that you have ever created a product that is license-based and
 that people can easily copy/pirate/steal. If you had, you might feel
 differently (and I promise none of us would call you an "idiot" ;-) ).

Well I have written software and made money personally from it, not
a lot but enough to make it worth releasing and peeps will doubtless
have hacked through all the protection I put in the registration and other
bits of code.  If they're prepared to go to all that trouble, they obviously
have no intention of buying it, so I haven't lost any money.  Of course I
still hope they'll burn in hell but thats another story :-)

Good to see the old topics still "light up the list"!
PrinceGaz -- "anyone fancy chatting about En..." [joke, guys, Joke!]


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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Jeffrey E. Salzberg


 No action may be brought under this title alleging infringement of
 copyright based on SNIP the noncommercial use by a consumer
 of such a device or medium for making digital musical recordings or
 analog musical recordings. 

Right.  The use of the device is covered.

What we're discussing is what happens to the recording *after* it's 
made.



=
Jeffrey E. Salzberg, Lighting Designer
http://www.cloud9.net/~salzberg
=
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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Jeffrey E. Salzberg


 No, no, no, no, no.  Nobody is losing any money if I copy a CD that
 I had absolutely no intention whatsoever of buying.

You don't know that you wouldn't have eventually decided to buy it; I 
know that many times, I'm bought music several years after first 
hearing it.



=
Jeffrey E. Salzberg, Lighting Designer
http://www.cloud9.net/~salzberg
=
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RE: MD: Dropouts using Prism Series Sony discs

1999-12-28 Thread Tony Antoniou


I strongly recommend he sticks to using TDK's. I used to experience the same
hassles with a batch of 20 Sony MD's (purchased from retailers in both the
US as well as locally). Same results, particularly with my Sony 8900 car
system not wanting to play them at all unless I reinserted the disc a few
times.

Adios,
LarZ

---  TAMA - The Strongest Name in Drums  ---


-Original Message-
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf
Of David W. Tamkin
Sent:   Monday, 27 December 1999 5:12
Cc: [EMAIL PROTECTED]
Subject:Re: MD: Dropouts using "Prism" Series Sony discs


Nick wrote,

| To date, I have recorded on 10 of these discs, and so far two of them have
| started to give brief dropouts at certain points on the disc.

| Are dropouts a risk of using MD that you just accept and try to live with,
| or are they not meant to happen at all, possibly indicating a bad batch of
| discs?

Dropouts are not normal.  It sounds as though you got some bad discs in that
batch.
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RE: MD: Sony MDR-E888LP Earbuds

1999-12-28 Thread Tony Antoniou


I know several people who listen through cheap-ass speakers that I can't
stand and yet they think that their speakers are the best because they got
the sound they wanted without paying big bucks.

Just because I don't like them doesn't make them the shittiest speakers you
can buy. It just makes them a speaker that I don't like personally. At the
end of the day, all audio-visual stuff is subjective no matter how
convincing the objective side of it is. If you think what you have is the
best money can buy, then so be it. But at the end of the day, the caveat to
one and all out there asking about what's good and what's not is that you
should only use other people's comments as guidelines and not gospel. Trust
your own senses. They will be the only things to lead you to the product
that suits you, but at least you got your starting point.

Sorry, but you are being facetious about it all. Make your recommendations,
but don't preach that it is impossible for a pair of headphones to be good
just because you didn't like them. I'm no big fan of the 888's personally.
In fact, I'm very pleased with the 868's even though I need to put my
megabass on the first setting. But then again, I do spend more time in the
car than I do with my portable. But that is just my opinion and if someone
asks for it, I'll give it to them. But they also need to be their own judge
once they've gotten their pointers from all the people who they asked.

Adios,
LarZ

---  TAMA - The Strongest Name in Drums  ---


-Original Message-
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf
Of Dan Frakes
Sent:   Monday, 27 December 1999 11:13
To: MDList
Subject:Re: MD: Sony MDR-E888LP Earbuds

That may be true, but there is no way -- *no* way -- that a pair of Sony
earbuds are the "best sounding headphones that you can buy." Only someone
with bad hearing that couldn't really hear differences between bad, fair
and good 'phones would think so (I'm not being facetious here -- there
are lots of people who really can't tell the difference, and for them,
audio is a much cheaper hobby :-)).

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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Magic


- Original Message -
From: J. Coon [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, December 28, 1999 5:18 AM
Subject: Re: MD: Another look at the AHRA and MD



 somebody didn't read section 1008 correctly.  Here it is again.
 http://www4.law.cornell.edu/uscode/17/1008.html

  Sec. 1008. Prohibition on certain infringement actions


 No action may be brought under this title alleging infringement of
 copyright based
 on the manufacture, importation, or distribution of a digital audio
 recording device,
 a digital audio recording medium, an analog recording device, or an
 analog
 recording medium, or based on the noncommercial use by a consumer of
 such a
 device or medium for making digital musical recordings or analog musical
 recordings.


Read this for MD and tape and you get:

No action may be brought under this title alleging infringement of copyright
based on the manufacture, importation, or distribution of a Minidisc
recorder, a blank Minidisc, a cassette recorder, or a blank cassette, or
based on the non-commercial use by a consumer of such a device or medium for
making digital musical recordings or analogue musical recordings.

So, you can't prosecute me for owning or using a minidisc recorder or blank
discs for non-commercial actions. As a commercial action is one where assets
increase, any action with the device which increases my assets can be taken
as "commercial".

If I copy your CD, I now own a copy of music I did not previously own. This
has increased my assets. It is therefore a commercial action. The fact that
it is such a small increase in assets it would probably be counted as
"insignificant" doesn't change the fact that it is a commercial action. Even
arguing that it may have benefits to other people does not discount it as a
commercial action. The only reasons I would not get prosecuted for this is
that the people who are effected by it either consider it "not worth
pursuing" because of the insignificance of my action, or that they see my
action may have a beneficial impact to them.

There's also the public impact to consider. If a band prosecuted an
individual for making a copy of their album, they would probably be seen as
being "petty" and their reputation would be damaged, which would in turn do
more damage to their album sales than if they had just turned a blind eye to
the copying.

Another point: Think of the cost involved in a prosecution over a few
dollars (or pounds)? Would you prosecute somebody if they swiped a couple of
dollars from your pocket? I doubt it. If it were lots of people you would
need to recoup the losses, but unfortunately you can't do that unless you
get everybody together that would have to be one super-size court
room... how about hiring a stadium or three? All you can realistically do is
try to come to some agreement over a way to recoup those losses, which is
why the AHRA was conceived. The AHRA does not say it is legal to pirate CDs,
it is a method which in some small way compensates the industry for it's
loss. To me the AHRA is very flawed because not only does it seem to give
the wrong impression that you can pirate music as much as you like, but that
the artist is in no way compensated for their loss of revenue. If the AHRA
paid out direct to the artist rather than the record companies then this
would probably not be such a hot topic! In reality all it does is reduce the
"fine" an artist ends up suffering due to pirate copies being made of their
work.

Regardless of whether you conclude that pirating a CD is made legal by the
AHRA providing you don't sell it is really almost irrelevant. The real issue
is that by copying the CD, you are depriving the artist of money they have
worked hard to earn through sales of their music. This damages the future of
their work because if they are really depending on those sales, they may
decide it is not worth producing more music.

You can take this a stage further, and this is only my theory: The reason so
much mass-produced rubbish is released nowadays is that there are very few
artists to pay. The record companies can produce most of the stuff
themselves, and as they are compensated by the AHRA, they don't worry too
much about pirating - they're interested in the sale of one single and
nothing else - unless it's really popular in which case they may re-release
it with slightly different backing and new words. With that type of music,
pirate it as much as you like, nobody will care. No longevity, no career to
consider, no artist! No artist means nobody gets really hurt by the
pirating, so no problem. The real musicians become uncommon because they are
not "economically viable" - the music gets pirated so much (the industry
becoming more starved of "real music") they can't afford to release another
album, so the record company has no vested interest in them. Piracy results
in the removal of the real musician who's only source of income becomes live
performances - meaning the musician has 

Re: MD: US MD Copyright issues

1999-12-28 Thread Magic


- Original Message -
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, December 28, 1999 2:15 AM
Subject: Re: MD: US MD Copyright issues



 Please!  I just want to read about MDs and Japanese Love Holidays!  It's
 the same people expressing the same opinions over  over (notably
Salzberg,
 the Rat, and Magic).

No, this is a good debate! :o)

 To me this paragraph makes noncommercial consumer recording unactionable.
 You're saying if I as a consumer used a MD device _commercially_ to copy
 copyrighted material the manufacturer, importer, or distributor would be
 liable?  (I know I would be.)

No it says you can't prosecute for use of the device. Exchanging the copies
you have made is the offence, not the actual action recording itself. It
only becomes illegal when You pass me the copy of your CD. The actual act of
you recording the CD is not illegal.

Magic
--
"Creativity is more a birthright than an acquisition, and the power of sound
is wisdom and understanding applied to the power of vibration."

Location : Portsmouth, England, UK
Homepage : http://www.mattnet.freeserve.co.uk
EMail : [EMAIL PROTECTED]


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Re: MD: MD Trading

1999-12-28 Thread Magic


- Original Message -
From: goobster [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, December 28, 1999 4:46 AM
Subject: Re: MD: MD Trading

 Let's look at reality: please cite a single case
 (documented, so we can all look it up) when law
 enforcement could prove copyright violation without
 defining it as an intent of making of profit from
 copying a work of art (CD, etc), be my guest.

I have not looked for them yet, but I know there are a number of cases
involving just this, most noticeably the recent cases where Fox proceeded to
have numerous internet sites shut down, despite the fact they were
non-commercial fan sites, relating to it's TV series X-Files. Fox went as
far as to threaten court action in these cases, and I'm sure I remember a
case where Fox prosecuted somebody for distributing free copies of the
X-Files theme music which had been recorded from one of it's videos. I am
not sure where I can get copies of these cases, as I have yet to find them
on the net (other than the individuals concerned own accounts on web sites)
and I do not have direct access to various establishments in the US which
would allow me to gain access to this information. As I was one of the
people whom Fox contacted relating to the closure of an X-Files fan site I
had, I may still have the letter they sent, in which case I could scan this
and upload it - assuming I can find it in the attic.

If the laws in this country did not prohibit me from doing so, I would also
post the minutes of a court case I was involved in where I sued somebody for
swapping copies of a recording of my band in exchange for "rare recordings
of popular artists". Whilst the distribution of these discs may have been
beneficial to the band for getting them well known, I resented the action
because the person concerned was getting a lot of recordings which I would
have liked myself, was making a recording freely available which my band had
just paid £500 to have duplicated from our master copy with the intention of
selling them, and was also passing our band off as something we are not (he
claimed we were a "rare band of international acclaim"). What I hated most
of all was that I had been the one working my guts off on stage to make this
recording a really good one, and then we would not make a penny from it
because this "person" had dished copies out. At the moment we are now a
non-performing band because the money we wasted on CDs resulted in us not
having the funds to replace the damaged P.A. equipment which has now given
up on us and is uneconomical to repair. Almost all the people who were going
to buy the CD have got a copy "from a friend". Maybe that is why I resent
piracy so much, but even so, it is still illegal. My personal feelings make
me think that I would like to see the so-called "people" who claim copying
CDs doesn't hurt anyone lined up on death-row, but that would go against my
beliefs.


Magic
--
"Creativity is more a birthright than an acquisition, and the power of sound
is wisdom and understanding applied to the power of vibration."

Location : Portsmouth, England, UK
Homepage : http://www.mattnet.freeserve.co.uk
EMail : [EMAIL PROTECTED]


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Re: MD: MD Trading

1999-12-28 Thread Michael Koehler


I have been sitting silently here reading all of the posts and
"interpretations" regarding the AHRA, copywrite, ethics and such.  It has
been quite an interesting little thread.  I have read some more intelligent
posts, great BS posts, and down right idiotic posts.  We have not yet heard
from any lawyers yet, which may be quite interesting, but I thought I would
give a little insight from the "other" side of things.  Not an artist, not a
huge record company, but the "middle" man.  An independant studio.  I have
done the actual recording for quite a few artists. Some bigger ones, alot of
"no-names".  I will not give any names because they are irrelevant to the
conversation.

==

First things first:

The AHRA and copywright laws are written to be interpretted either way.
Most laws are.  But in reality, they will be used against any individual who
violates them.  You can argue that the AHRA gives you the "right" to copy,
blah, blah, blah... and maybe it does.  The copywright laws however, do not.
If I copy a CD that I borrowed, I am in violation.  Will I be sued, no.  If
I set up a trading ring to trade pirated copies (that is what an illegal
copy is), will I get sued?  Maybe, if I get noticed.  If I am discovered, I
most definitely will get legal notice to stop.  Whether they go so far as to
sue me is a matter of money.  Don'y forget, they don't pay legal fees, you
do.  Any judge will most likely side with the copywright holder.  As for it
being "commercial" and such, it is simple.  You did gain when you received
something in return.  That is a gain.  A blank, another recording, ANYTHING!
Again, if it is pushed to court, you will lose.  So it is illegal.  But so
is driving 56 MPH in a 55 MPH speed zone.  Most of the time, no one cares -
including the police officer.

Lets talk about bootlegs.  Recording a bootleg (the actual process of
recording the source show) is not illegal at all.  It may be prohibited at
the venue that the artist is playing at, but it is legal to do so.
Distributing it is illegal, however.  If it is done for profit, expect to
have a possible lawsuit.  Again, trading those shows is most of the time
ignored.  Get an artist who cares, and the legal notices start.

The key words in both these instances is distribution.  That is what draws
the attention.

===

Next I would like to address "Magic":

I have not looked for them yet, but I know there are a number of cases
involving just this, most noticeably the recent cases where Fox proceeded
to
have numerous internet sites shut down, despite the fact they were
non-commercial fan sites, relating to it's TV series X-Files. Fox went as
far as to threaten court action in these cases, and I'm sure I remember a
case where Fox prosecuted somebody for distributing free copies of the

What does this have to do with the AHRA?

If the laws in this country did not prohibit me from doing so, I would also
post the minutes of a court case I was involved in where I sued somebody
for
swapping copies of a recording of my band in exchange for "rare recordings
of popular artists". Whilst the distribution of these discs may have been
beneficial to the band for getting them well known, I resented the action
because the person concerned was getting a lot of recordings which I would
have liked myself, was making a recording freely available which my band
had
just paid £500 to have duplicated from our master copy with the intention
of
selling them, and was also passing our band off as something we are not (he
claimed we were a "rare band of international acclaim"). What I hated most
of all was that I had been the one working my guts off on stage to make
this
recording a really good one, and then we would not make a penny from it
because this "person" had dished copies out. At the moment we are now a
non-performing band because the money we wasted on CDs resulted in us not
having the funds to replace the damaged P.A. equipment which has now given
up on us and is uneconomical to repair. Almost all the people who were
going
to buy the CD have got a copy "from a friend". Maybe that is why I resent
piracy so much, but even so, it is still illegal. My personal feelings make
me think that I would like to see the so-called "people" who claim copying
CDs doesn't hurt anyone lined up on death-row, but that would go against my
beliefs.

Hmm, touching story.  The laws do allow you to post the final judgement,
however.  You can also post the case number publically.  I would like to see
this very information.  Why you ask?  Because I doubt you.  You sound like
you want to blame someone for the fact that you made a few CDs and tried to
make it big, but it did not go anywhere.  You act as though those few
copies, that the person traded away, is the cause of the failure.  Please do
not interpret this as me insulting you by calling you a failure or anything,

MD: OT: [non-flame] gun control (was Re: MD trading)

1999-12-28 Thread Andrew Hobgood


 In the U.S., we let wackos carry guns, we let hate groups babble on
 incessantly, and we let home MD users record CDs they don't own.  The
 first two are obviously unethical, you think the third is unethical
 and I don't.  But all three are legal in the U.S. (unless the wacko
 has a criminal record or something).   As a practical matter, I just

We've had this flame-war before (re: Guns).  There is nothing unethical
about carrying or operating a firearm.  Also, not all gun carriers are 
wackos.  If you really feel like starting flame wars about gun control
on a list that has nothing to do with it, please look at the archives
and read what's already been said.

/Andrew

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Re: MD: Re: It's that time again (the AHRA and copying)

1999-12-28 Thread Dan Frakes


[EMAIL PROTECTED] wrote:
Huh?  That's not part of the AHRA as you imply it is, see
http://www.hrrc.org/ahra.html for the full text. Here's a big clue,
'phonorecords' is a little dated language don't you think?

I never claimed it was part of the AHRA; my post was a direct response to 
the previous message which quoted part of US copyright law. I was 
pointing out that he was not quoting all relevant portions, and then 
quoted those portions.

As for "phonorecords," it sounds dated, but it means a recorded copy of a 
musical work. It's an all-encompassing term. It doesn't mean an LP ;-)

The text you quote doesn't distinguish whether you own an album or not
(neither does the AHRA).  The text you quote implies any copying is
illegal.  As you say, "note the words 'exclusive rights'".

1) It doesn't have to distinguish whether you own the album or not. It 
says that the person who owns the copyright to the work has exclusive 
rights on copying and distribution. That means that to copy it and/or 
give that copy to someone else, you need their permission.

2) In the second part I quoted:

   unless authorized by the owners of copyright in the sound 
   recording... and in the case of a sound recording in the 
   musical works embodied therein, neither the owner of a 
   particular phonorecord nor any person in possession of a 
   particular copy of a computer program (including any tape, 
   disk, or other medium embodying such program), may, for 
   the purposes of direct or indirect commercial advantage, 
   dispose of, or authorize the disposal of, the possession 
   of that phonorecord or computer program (including any 
   tape, disk, or other medium embodying such program) by 
   rental, lease, or lending, or by any other act or practice 
   in the nature of rental, lease, or lending.

It clearly says that unless the owner of the copyright gives you explicit 
permission, you cannot provide a copy of the work "by rental, lease or 
lending, or by any other act or practice in the nature of rental, lease, 
or lending." It would be difficult to convince people that giving someone 
a copy of an album you have is OK under the above.

The interesting thing I've found in this discussion is that all of the 
regulations have been aimed at the person who owns the CD/tape/etc. I 
haven't seen anything that says "you can't record a copyrighted work 
owned by someone else"...
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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Dan Frakes


"PrinceGaz" [EMAIL PROTECTED] wrote:
No, no, no, no, no. Nobody is losing any money if I copy a CD 
that I had absolutely no intention whatsoever of buying. If I 
buy the CD the artist makes money. If I copy someone elses the 
atist makes *no* money. If I don't copy someone elses but don't 
buy the CD myself-- the artist makes *no* money. So the artist 
loses nothing. Thats what I was talking about originally.

I understand the argument, but I've never bought it ;-) For two reasons:
1) If you want to copy an album, song, etc., you must like it. There must 
be some desire to have it. If recording devices did not exist, who knows 
if you might eventually have bought it in some form. While I agree that 
there are some albums we might never buy, there are also those we don't 
think we'll ever buy but we end up buying later. It's difficult for us to 
objectively differentiate between the two.
2) Every time someone copies an album, book, software program, they are 
eliminating a part of the market for that work. Just because you can't 
point to physical money doesn't mean no one has lost anything. Our legal 
and economic systems are full of examples of this type of "loss."

 Congress has done studies that are at worst inconclusive, but
 more realisticly seem to indicate that casual copying of music
 helps CD sales rather than hurting it.

I agree with that.

I've never seen such a study, but I doubt that "Congress' studies" 
actually show that. I would like to see the text of those "studies." I 
would buy the assertion that people recording music off the radio might 
help album sales, but I doubt that people copying whole albums helps 
album sales.

I agree with the guy who suggested copying each others discs may 
well increase overall sales, instead of buying 1CD and having 1 
album, you buy 2 instead and have 4, 6 or however many including 
the copies. In effect, copying makes 'em cheaper so you buy 
more... Thats how I like to justify it to myself anyway.

But Gaz, think about what you just wrote mathematically ;-) Copying makes 
them cheaper, so you buy more? It doesn't make them cheaper -- CDs cost 
the same. If you and your friends buy CDs and then exchange copies, 
you're each getting more albums, but between all of you you're actually 
buying fewer albums. If there are four of you, and you each buy two CDs 
and copy everyone else's, you've bought a total of 8 CDs but each of you 
has copies of all 8. (I know, I know, that sounds great... grin) Now, 
if you didn't copy each others' CDs, you'd still have purchased 8 CDs, 
but you'd each only have two CDs. You might all go out and buy another 
one that one of your friends' bought that you really wanted. So if 
anything copying them provides a disincentive to both buying CDs in the 
first place, and buying more later.

Well I have written software and made money personally from it, 
not a lot but enough to make it worth releasing

You might have a different view if it was your livelihood ;-)
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Re: MD: It's that time again (the AHRA and copying)

1999-12-28 Thread Steve


In the U.S., the IRS has decided that in-kind trades of services are
taxable income (you fix my car, I'll chop down your tree), and the IRS
has won on that point.  This would favor Jeff's point to some degree
-- if in-kind trades are a form of income, they are commercial
activity.  It is absolutely clear in the U.S. that money need not be
involved for commercial activity to take place.

However, I still think he's wrong -- I still think a court would find
that two people trading two legally recorded MDs with one another
would not constitute commercial activity.  The original MD recordings
were legal and there's no strong showing that anyone lost any income.
Prince Gaz's point that you don't know if someone would have bought
the CD is an excellent one, and might hold sway in an American court.
People are just sharing each other's musical tastes on a very small
scale for exploration and entertainment, and the minidisc equipment
has facilitated this form of sharing and enjoyment.  If you could show
the other person would definitely have bought the CD otherwise (which
is pretty near impossible, I think), the case for copyright
prosecution would be much stronger.  However, the odds of prosecution
based on small-scale one-on-one trading of MDs is very near zero, and
questions of constitutionally protected freedoms would come into play
in the U.S.  It's an area frought with risk for the recording
companies if they ever want to pursue it.  If they lose, it's a
disaster;  if they win, little is gained.  In my view, if someone
really likes the MD of the CD, there's a strong chance he'll go out
and buy the CD.


The original question was about trading of recordings. My reading is
that trading of a non-commercial nature (i.e. not for money) using
AHRA compliant devices is protected under the AHRA. I'd be happy to
read a section of law that you think refutes this.

Best wishes,
Rick

I think the ethics debate is inextricably intertwined with the legal
debate.  Because whether trading MDs is legal is a grey area in the
U.S, the question of right and wrong becomes relevant, especially
where we are deciding if someone's a crook or not.  I personally don't
think it's wrong for two people to trade MDs on a small scale to
explore each others' musical tastes, though I've never done it,
because I have no other personal acquiantances with MDs.

Whether trading MDs is legal is such a provocative subject becuase it
hits a grey border of the law in the U.S. and a border which divides
people based on their values.  The values of a person on either side
may be admirable.

p.s. I would like to add that I think ethics issues are present when
copying a CD you didn't buy, but that we should leave ethics alone
since personal beliefs also enter the picture and we will never settle
those here. We do however, have a slight chance of settling the legal
status of home taping and trading in the US. Let's stick with that,
okay?

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RE: MD: Sony MDR-E888LP Earbuds

1999-12-28 Thread Dan Frakes


"Tony Antoniou" [EMAIL PROTECTED] wrote:
I know several people who listen through cheap-ass speakers that 
I can't stand and yet they think that their speakers are the 
best because they got the sound they wanted without paying big 
bucks.

Which is exactly what I said ;-)

At the end of the day, all audio-visual stuff is subjective no 
matter how convincing the objective side of it is. If you think 
what you have is the best money can buy, then so be it. But at 
the end of the day, the caveat to one and all out there asking 
about what's good and what's not is that you should only use 
other people's comments as guidelines and not gospel. Trust your 
own senses. They will be the only things to lead you to the 
product that suits you, but at least you got your starting 
point.


Believe me, I'm all for inexpensive audio. I completely agree that each 
person needs to decide what *they* like, and that audio is highly 
subjective. I love to find $200 speakers that to me sound as good as 
$1000 speakers. And I think that there is often substantial overlap in 
quality between audio products in different price ranges.

But I also realize that a) at the extremes, money buys vastly different 
quality; and b) certain components can/can't do certain things. A pair of 
$200 PSB Alpha speakers doesn't compare to a pair of $5,000 BWs. A $275 
Yamaha CD player doesn't compare to a $3,000 Marc Levinson CD transport. 
Similarly, a pair of $65 earbuds don't compare with a pair of $300 
Sennheisers. In the latter, it's not only a matter of price and component 
quality -- it's also a matter of the physical abilities of the 
components. The drivers in a pair of earbuds cannot produce the full 
range of audible frequencies properly. The only ones that have come close 
have been the Etymotics, which do so by coupling to the ear canal to use 
it as a sort of "port" for reproducing low frequencies. That's why a pair 
of Grado SR60s provide much better sound than the 888s for the same 
price. I strongly agree with those who vigorously advocate for subjective 
evaluation in audio. I think that too many people rely on specs and 
price. But there needs to be some realism in there, and there's nothing 
wrong with us pointing that out. Heck, even Sony will tell you that the 
888s don't compare sound-wise to their full-sized headphones. 

And give me some credit -- I didn't simply slam the 888s. I tried to 
point out that the downside to getting bigger, better-sounding 'phones is 
that you lose out on the true benefits of the 888s: size, weight, comfort.

Sorry, but you are being facetious about it all.

Not at all. Facetious means "to joke." I made a comment that only someone 
who couldn't really hear big differences between different qualities of 
headphones would think a pair of earbuds like the 888s are the "best 
headphones you can buy." I was completely serious. There are lots of 
people who can't tell the difference, and there is nothing wrong with 
those people. In fact, it is often argued that those people enjoy music 
more because they aren't worried about sound quality so much.

Make your recommendations, but don't preach that it is 
impossible for a pair of headphones to be good just because you 
didn't like them.

I (and others) simply were not preaching at all. We were replying to a 
post claiming that the 888s are the "best sounding headphones you can 
buy." If the person had said "I really like these Sony 888s!" no one 
would have said a word. Please keep that fact in mind. We replied that 
the post a) sounded more like an ad than anything else; and b) really 
wasn't close to being accurate. We explained why we thought so.

Is it the pre/post-holiday blues that's making everyone so pissed off the 
last few days? ;-)
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MD: All this half OT stuff.. Copyright law pahhh! Can we stop it?

1999-12-28 Thread Peter Wood


Hey all,

It's obvious to anyone who reads this list that copyright law is in a
mess, and more so it differes from country to country. We also know
that a lot of people don't care about copyright law.

We also all know that if record companies charged less for CD's and
gave more to the artis we'd all probably buy more of them.

It's kinda MD related, but kinda not. It's just turned into people
arguing a law area which is quite grey and there is no diffinative
answer or maybe there is see my next paragraph. (Why do you think we
need courts apart from to decide punishment and if guilty?).

As one person said a judge will sometimes lean in favour of the
defendant, instead of the record company. So if you really want to
know that badly take this onto a law/copyright mailing list or go ask
your lawer or the next door nieghbour judge (we have one ;).

Please ? ;)

Peter. - Wishing you a happy new year ;). Hey is my MD Y2K compliant?
--
"We do not ask for money, only knowledge." -- Me 1998.
Peter Wood ([EMAIL PROTECTED]) 
Visit my Sharp 7XX homepage (http://www.wood-soft.co.uk)
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Re: MD: It's that time again (the AHRA and copying)

1999-12-28 Thread Steve




My God, someone else knows what they are talking about. 
I feel almost giddy.  I love the e-mail address.  I might try setting
up a new separate e-mail for MD-L only so I can speak the truth
without people on the list harassing me through personal e-mail.  It's
a real problem!!!

I tried to explain why the below was so (having a formal law 
school education on the subject and having practiced copyright law to
a limited extent) and how it came to pass, and found myself the
subject of scurrilous attacks from all corners.

This man speaks the truth, ladies and gentlemen  You can argue
with it, but you can't defeat it  You'll just prove you don't
honestly know what you're talking about!!!  


It's unethical to e-mail someone when they ask you not to!!!
It's unethical to personally attack someone when you're 
too lazy to verify whether they are right or not!!!

It's not unethical to copy a CD to MD!!!

THINK.

Regards to the list,  Steve


On Sun, 26 Dec 1999 21:56:46 -0800 (PST), in  you wrote:

Hey list,

 I haven't posted in a long time, but some of you
who go way back will remember me and the many flame
wars I got into over this issue and others.  I think
it's time someone cleared the air here.  It seems that
every so often we have to go down this road of
"Illegal Copying" and point out what the law actually
says.  I find it ironic how such terms as "ethical"
and "legal" are so easily tossed around by fellow list
members.  The law is simple and straight to the point.
 It is neither illegal or unethical to copy CD's to MD
or nearly and other derivation involving copying or
recording.  There simply is no ethics or legality
questions involved.

 Have any of you bothered to read the American
Home Recording Act of 1976 and it's 1992 Ammendment
before showing the list your ignorance regarding the
issue?   Judging from most of your posts it would seem
to me that you haven't only not read it, but you
haven't a clue what it says.  Let me quote it for you,
(and in case you don't believe me look it up at
http://www4.law.cornell.edu/uscode/17/ch10.text.html )

"No action may be brought under this title alleging
infringement of copyright based on the manufacture,
importation, or distribution of a digital audio
recording device, a digital audio recording medium, an
analog recording device, or an analog recording
medium, or based on the noncommercial use by a
consumer of such a device or medium for making digital
musical recordings or analog musical recordings."

Note, that from the previous sections of the AHRA
which you can look up yourself, only home recording
equiptment that contains SCMS and analog devices that
comply with the law are covered by the previous quote
(this excludes MP3's and computer CD-R drives). 
However what it does say is that you can't be
prosecuted (no action may be brought against...).  It
covers all noncommercial use of MDs, Audio CD-Rs,
Audio tape, ect.  This means you can borrow your
friends CDs and copy them to MD (that's not
commercial).  You can copy your own CDs to MD (that's
not commercial).  You can record just about anything
with a covered device and not worry about anything.  

Copying tapes is legal, Copying CDs to tapes is legal,
Copying a CD to a CD (using a home Audio CD-R deck) is
legal, Copying CD to MD is legal, Copying a MD to a MD
is legal, Recording off the radio is legal.  I think
you are beginning to get the idea.  Maybe some of you
would like to argue that even though it is legal it's
still unethical, but good luck with that one.  You pay
a fine (tax) for my "breaking the law" on each blank
tape, Audio CD-R, and MD I buy and you should resent
that.  The fact is we all should be outraged that we
are assumed to be criminals by the US government and
as a result we are fined up front for what we are
"going" to do.

So go ahead and Copy and record to your hearts
content,
Seth

p.s.  It's legal
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Re: MD: MD Trading

1999-12-28 Thread goobster


An X-Files fan site shut down by FOX was mentioned
here. FYI, the case was won by FOX based on the
concept of "trademark dilution" (a very valid
concern), not on copyright issues per se. It had to do
with the context where copyrighted work was used, and
with the "message" that could be interpreted
differently from the "message" contained in the series
and the official web site.

Again, you might hear about an mp3 server shut down by
an ISP for mp3 files trafficking, but it's more than
likely a preemptive action on the part of an ISP who
are wary of *possible* legal action against them. In 
general, undercover agents approach traders with an
intent to *buy* a copy of a work of art, only then the
arrest could be made. In case of doubt, read KW Jeter
"Noir". It includes a rather graphic description of an
arrest of a copyright violator. 


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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Sydtech


C'mon - if you copy a commercially released CD from a friend, you're
pirating it.  It was put out on the market for the record company and
(hopefully) the artists to get compensated for their work, i.e. entertaining
you.

This is why I get so pissed off when people confuse the trading of boots
with pirating.  It ain't the same thing.

Don't get me wrong - I don't feel that bad for the record companies; I think
they rip the artists off far more than a home pirate doesthis is why MP3
scares the shit out of record companies - it makes them obsolete.



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Re: MD: It's that time again (the AHRA and copying)

1999-12-28 Thread Magic


- Original Message -
From: Jeffrey E. Salzberg [EMAIL PROTECTED]
To: Seth [EMAIL PROTECTED]; [EMAIL PROTECTED]
Sent: Monday, December 27, 1999 3:34 AM
Subject: Re: MD: It's that time again (the AHRA and copying)



  "No action may be brought under this title alleging
  infringement of copyright based on the manufacture,
  importation, or distribution of a digital audio
  recording device, a digital audio recording medium, an
  analog recording device, or an analog recording
  medium, or based on the noncommercial use by a
  consumer of such a device or medium for making digital
  musical recordings or analog musical recordings."

 OK, it says that you may transfer devices and media; now quote the
 part where it says you may transfer *content*.

".for making digital musical recordings or analog musical recordings."

 Hint: you can't.

I beg to differ - what is a musical recording if it isn't content?

This is the wrong point to argue anyway - it's the exchange of the content
that causes the problem, not it's duplication.

Magic
--
"Creativity is more a birthright than an acquisition, and the power of sound
is wisdom and understanding applied to the power of vibration."

Location : Portsmouth, England, UK
Homepage : http://www.mattnet.freeserve.co.uk
EMail : [EMAIL PROTECTED]


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Re: MD: Re: It's that time again (the AHRA and copying)

1999-12-28 Thread Magic


- Original Message -
From: Dan Frakes [EMAIL PROTECTED]
To: MDList [EMAIL PROTECTED]
Sent: Tuesday, December 28, 1999 6:07 PM
Subject: Re: MD: Re: It's that time again (the AHRA and copying)

 It clearly says that unless the owner of the copyright gives you explicit
 permission, you cannot provide a copy of the work "by rental, lease or
 lending, or by any other act or practice in the nature of rental, lease,
 or lending." It would be difficult to convince people that giving someone
 a copy of an album you have is OK under the above.

 The interesting thing I've found in this discussion is that all of the
 regulations have been aimed at the person who owns the CD/tape/etc. I
 haven't seen anything that says "you can't record a copyrighted work
 owned by someone else"...

Curious isn't it. It is breach of copyright for you to give me a copy of the
album, or to lend it to me, but not illegal for me to record it if you lend
it to me - you are breaking the law and not me. not exactly true.
Technically I would be guilty of receiving stolen property - that property
being the intellectual property of the artist to whom copyright belongs, If
you thought copyright laws were flaky, try arguing that one! You actually
have to first prove that a theft took place.

Would it be legal for me to stock up on every CD ever made and then proceed
to set up a free service to copy all the discs to anyone who wants them
providing that you cover my costs (i.e. pay for the electricity used and
supply the media needed). As I would not apparently be making a profit from
this and I would be doing it from home, the AHRA would surely protect my
actions wouldn't they? Strange then that public lending libraries have to
have a special license to do this, and they prohibit copying too saying it
is "breach of copyright".

A little experiment for the brave: Make a copy of a Nirvana album and put it
on a web site. Contact Courtney Love (widow of Kurt Cobain - Nirvana's lead
singer, now deceased) and tell her what you have done. She is very vigilant
about copyright and has lawyers shutting down sites all over the net. -
Source: The Cook Report (British Television inside documentary program).

Others also doing this include agents for bands such as Killing Joke,
R.E.M., artists Joe Satriani, Eric Clapton and Marilyn Manson, Sherman
Robertson and even Stevie Ray Vaughan. Steve Vai was so concerned with the
issue he put a clause in the contract of the people designing his official
website preventing them from using any musical clips, allegedly to prevent
any fans falling prey to the "greedy record company wanting to enact
copyright law". - Source "The Recording Industry - Music Management - Open
University".

The most interesting comment I have found so far relating directly to the
AHRA is this:
"Contrary to popular belief, the AHRA does not entitle you to breach
copyright. The AHRA is in itself a very debatable article" [ha! no kidding!]
"which allows users of home audio equipment to duplicate material. It does
not state the material may then be exchanged with another person. The main
distinction we are making here is that recording is not illegal, but the act
of giving a duplicate of a copyrighted work, or lending the copyrighted work
is. The ARHA makes it legal for you to record material you are in possession
of, but it does not attempt to challenge or justify the way that material
came into your possession." -Source "The Music Industry At Work - Chapter
10 - Copyrights and the AHRA" Author "Dan Shaler" Publisher Maxwell
MacMillan. I tried to find this book on Amazon for you to refer to but it
seems it went out of print 3 years ago - you may get lucky and find it in a
library. I found mine at a book store, but never expected to be using that
section as it is relating primarily to American law - pointless if you live
in the UK.

I have a feeling this thread will probably go on for days without ever
getting resolved, so my final statement on the issue will be this:
Regardless of whether the act of copying a copyrighted work is illegal or
not, you are undoubtedly getting something for free which you would
otherwise have had to pay for. Because you did not pay for it, that has
reduced the amount of money the artist will get for their work. I personally
cannot see how this can be right, it is my belief that if an artist has
taken the time to create the music either in composing or performing it,
they should be able to reap the rewards of this so that they can go on
producing more for us to enjoy. You may argue whatever points you like, but
one thing I feel puts it into perspective. If somebody fixed your car or put
your computer together for you, you would not dream of refusing to pay them
for their hard work. An artist puts a lot of effort into producing the music
you hear regardless of what format it is on or what you use to listen to it.
I cannot see how refusing to pay them for their hard work can be justified.

Whether we 

Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Dan Frakes


Eric Woudenberg [EMAIL PROTECTED] wrote:
Unfortunately I can only point you to the HRRC's summary of the OTA
(Office of Technology Assesment) study being referred to. This study
was commisioned by Congress during the AHRA legislation process.  In
introducing their summary the HRRC writes:

   The OTA determined that "evidence" that home audio taping
   displaced sales of prerecorded material was, at best,
   inconclusive, and that home taping practices actually
   stimulated sales.

The summary is here: http://www.hrrc.org/otasum.html . It makes good
reading actually.

Rick:

The problem I have with that, and the reason I would like to see the 
original text, is that this summary is prepared by the "Home Recording 
Rights Coalition" -- not exactly a neutral party. Having a career in 
public policy, I frequently see such "summaries" by advocacy groups, and 
often their summary conclusions are completely the opposite of the 
original conclusions. So it's nothing against you or the HRRC; I'd just 
like to see the original study. Call me a skeptic ;-)

In fact, after reading the entire summmary at the above URL, nowhere does 
it explicity summarize a section of the OTA study that comes to the 
conclusion that home taping practices actually stimulate sales. And as a 
statistician I found no conclusive evidence that supports that assertion. 
In fact, several times the summary states that the most frequently 
recorded material is the user's own CDs or LPs.

I did find the following in that summary, though:

Congress explicitly stated that it did not intend to restrain 
home recording of broadcasts or prerecorded records or tapes for 
private use.

It seems to me that the pro-copying people here are trying to claim that 
copying a CD and giving that copy to a friend (or vice versa) is 
therefore not "restrained" because it is "private." But let's be honest 
about what "private" really means. Private is in your own home. Private 
means not accessible to other people. Private isn't "with your friends." 
You have sex in private, and that doesn't involve your friends (OK, it 
does for some people, but I don't think we'd call it "private" ;-) ).
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Re: MD: Aiwa AM-F70 blip at end of last track!?

1999-12-28 Thread Ian Horsey


Hi Matt

 I received an Aiwa AM-F70 for a christmas gift.  Today I've
 listened to a couple of MDs all the way through, and after the
 last track on the disc, it seems to have a short, maybe 1/4 to
 1/2 second blip of sound, after the track is done.

Most portable MD players / recorders tend to beep once the end of the
recording has been reached - I know my Sharp does.

It won't do anything to your recordings, and if it is bothering you, it
might be possible to switch the beeps off.  Again, I know this is possible
on the Sharp units.

All the best

Ian

PS Any chance that we can drop the copyright thread yet?  It is starting to
get really old


===

"Nullus Anxietas"

e-mail  :   [EMAIL PROTECTED]
Website   :   http://www.btinternet.com/~ighorsey
ICQ :   41782725


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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Steve


I'm a lawyer.  Magic's definition of "commercial" is silly.  It is not
commercial activity if I find a penny on the sidewalk.  But really,
that's just common sense isn't it?  If you trade enough MDs for the
wrong reasons it would be commercial activity.  God only know how many
it would take.  It's like asking how many angels dance on the head of
a pin.

Otherwise, though, this has been an utterly fascinating thread.  I was
wondering why Eric The Man Woudenburg (honestly I do admire you) was
holding back for so long.  You've been scoring major blows to the
opposition with your recent posts  It's a delight to see you enter
the frey, and on the right side too.

Regards to the list,  Steve


On Tue, 28 Dec 1999 15:56:35 -0500, in  you wrote:

"Magic" [EMAIL PROTECTED] writes:

 So, you can't prosecute me for owning or using a minidisc recorder
 or blank discs for non-commercial actions. As a commercial action is
 one where assets increase, any action with the device which
 increases my assets can be taken as "commercial".
 
 If I copy your CD, I now own a copy of music I did not previously
 own. This has increased my assets.

I'm not a lawyer and I try not to play one on the 'net, so I could
really use the help of a lawyer for a moment.

Matt, I fear you have stretched the definition of "commercial" way
beyond reasonable bounds. We all know what "commercial" means, and
home recording is not a commercial endeavor no matter how many MDs I
record from friends, so long as I do not start selling them. Please
don't start stretching terms, or the whole discussion will break
down. We owe it to each other to stick with canonical definitions.

Thanks,
Rick

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Re: MD: Re: It's that time again (the AHRA and copying)

1999-12-28 Thread Aivar_Grislis


Subject: Re: MD: Re: It's that time again (the AHRA and copying)

(1)

[EMAIL PROTECTED] wrote:
Huh?  That's not part of the AHRA as you imply it is, see
http://www.hrrc.org/ahra.html for the full text. Here's a big clue,
'phonorecords' is a little dated language don't you think?

I never claimed it was part of the AHRA; my post was a direct response to
the previous message which quoted part of US copyright law. I was
pointing out that he was not quoting all relevant portions, and then
quoted those portions.

That's just not so!  Your original post started out:

Seth [EMAIL PROTECTED] wrote:
 Have any of you bothered to read the American
Home Recording Act of 1976 and it's 1992 Ammendment
before showing the list your ignorance regarding the
issue?

So the discussion was specifically about the content of the AHRA, and then
you wrote 'other sections that you didn't quote (see below)' and 'here's a
part you didn't quote' as if Seth were being deceptive (which really got to
me), and proceeded to dredge up older portions of the copyright law as if
they were part of the AHRA or somehow superceded the AHRA.

(2)

The text you quote doesn't distinguish whether you own an album or not
(neither does the AHRA).  The text you quote implies any copying is
illegal.  As you say, "note the words 'exclusive rights'".

1) It doesn't have to distinguish whether you own the album or not. It
says that the person who owns the copyright to the work has exclusive
rights on copying and distribution. That means that to copy it and/or
give that copy to someone else, you need their permission.

_You_ are the one who commented "It is *very* clear that copying an album
you do not own is violating the rights of the owner of the copyright".

By the way, md-list, can anyone quote me any of the US copyright law that
implies owning a copy of a work gives you some sort of extra right to make
another copy?  That notion has been expressed here more than once but I
haven't seen that in any of the legal quotes so far.  (I know for computer
software it is customary for the copyright holder to license the owner to
make a backup copy.)


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MD: Add fuel to fire.....

1999-12-28 Thread Dr. Wailun Kwok


Well, I am NOT a lawyer :)  I enjoyed very much reading the hot discussions
about copyright and so on lately. Well, let me add some fuel to the fire :)

It's a case study:

Mr. Xyz bought and owned a CD, he made a digital copy to his MD for
personal use. One year later, Xyz found that he is running out room and he
wanted to sell his CDs, including which were digitally copied to MD.
hmmis it legal or illegal to sell those 2nd hand CDs?

Happy New Year to all!

warmest regards
Wailun Kwok


Steve wrote:

 I'm a lawyer.  Magic's definition of "commercial" is silly.  It is not
 commercial activity if I find a penny on the sidewalk.  But really,
 that's just common sense isn't it?  If you trade enough MDs for the
 wrong reasons it would be commercial activity.  God only know how many
 it would take.  It's like asking how many angels dance on the head of
 a pin.

 Otherwise, though, this has been an utterly fascinating thread.  I was
 wondering why Eric The Man Woudenburg (honestly I do admire you) was
 holding back for so long.  You've been scoring major blows to the
 opposition with your recent posts  It's a delight to see you enter
 the frey, and on the right side too.

 Regards to the list,  Steve

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Re: MD: Another look at the AHRA and MD

1999-12-28 Thread Steve


In my humble opinion (and this is not legal advice), with a few
dramatic and severe exceptions (for example, child pornography) if you
are an American citizen, you can record just about any damn thing you
want in your home, at least once.  You don't need the AHRA to do this.
Copyright law won't hold you back.  Copyright law wilts in the face of
your most fundamental Constitutional freedoms.  We want every citizen
to have access to what is going on in this culture, to freely
associate with one another, to share ideas, to be able to act with
autonomy and privacy.  That's the way it is and the way it's always
been.  Our freedom is more important than worrying about if a few poor
souls didn't get their theoretical, speculative $1.50.  And yes, that
$1.50 is very speculative. Come on, use some common sense.  You can
copy your mom's old mickey mouse club record or your niece's spice
girls album in your home.  That's the way it was before the AHRA, the
way it is now, and the way it will always be.

And no, recording someone else's CD in your own home is not in and of
itself commercial activity.  Receiving a gift is not commercial
activity.  Inheriting money from your rich uncle is not commercial
activity.  There are TONS of things which increase you assets which
are not commercial activity.

Why do you think they had to make a law called the American Home
Recording Act in the first place?  Because the copyright laws, if not
interpreted in full view of the Constitution, left open the
possibility of serious violations of your Constitutional rights.  Look
at the name, it says it all, in America, you are free to make home
recordings.  Period.  You are, you were, you will be.  It's THE
AMERICAN HOME RECORDING ACT, PEOPLE.

Congress could not have passed the AHRA if you weren't always allowed
to make such recordings under the Constitution in the first place,
because the Constitution didn't change, and the ultimate source of
copyright law is the Constitution.  The AHRA is not a Godsend, it's a
ripoff. Your right to make such recordings (including those of other
people's CDs) for your listening pleasure in your own home trumps
copyright law.  It ain't a close call, folks.  Yet now the recording
industry gets more of your money for some reason.

Isn't anybody mad about that?

Damn.

Regards to the list,  Steve



On Tue, 28 Dec 1999 15:56:35 -0500, in  you wrote:

"Magic" [EMAIL PROTECTED] writes:

 So, you can't prosecute me for owning or using a minidisc recorder
 or blank discs for non-commercial actions. As a commercial action is
 one where assets increase, any action with the device which
 increases my assets can be taken as "commercial".
 
 If I copy your CD, I now own a copy of music I did not previously
 own. This has increased my assets.

I'm not a lawyer and I try not to play one on the 'net, so I could
really use the help of a lawyer for a moment.

Matt, I fear you have stretched the definition of "commercial" way
beyond reasonable bounds. We all know what "commercial" means, and
home recording is not a commercial endeavor no matter how many MDs I
record from friends, so long as I do not start selling them. Please
don't start stretching terms, or the whole discussion will break
down. We owe it to each other to stick with canonical definitions.

Thanks,
Rick

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