Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Stainless Steel Rat


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* Steve [EMAIL PROTECTED]  on Tue, 28 Dec 1999
| 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.

In the US, copyright infringement falls under civil law, which means a lot
of stuff but the most relevant aspect at the moment is that it is the
responsibility of the infringed party to pursue action against the
infringer.  But if the damages resulting from infringement or repeated
infringement of registered copyright or copyrights exceeds $2,500 it
becomes federal felony and the FBI will probably become involved.  Now,
calculating "damages" is not strictly tied to dollar cost.  But if you do
oversimplify and figure that the estimated value of an illegally
distributed copy of an audio CD is about half its street price, all it
takes is a few hundred such copies for the record company to slap you with
a criminal suit.

Put another way, say you are part of a "trading ring" of about 30 people,
and the deal is, you buy an audio CD, everyone else provides media, and you
make copies.  If each of you does that 10 times, your ring will probably
have easilly exceeded the $2,500 threshold by a fair margin, making the lot 
of you federal criminals.

Fun, huh? :)
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MD: All this half OT stuff.. Copyright law pahhh! Can we

1999-12-30 Thread Joost de Meij


Hey all,

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.

Yeah, i agree with this. I thought that everything was handled
with SCMS!

Happy newyear!!!
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MD: Free Stuff Contest at Cassette House

1999-12-30 Thread Cassette House


Hi Folks,

I thought it was about time to give some stuff away at Cassette House,
so here goes:

First Prize: Kodak DC200 Digital Camera ($300 Value)
Second Prize: $100 Shopping Spree at Cassette House
Third Prize: $50 Shopping Spree at Cassette House

Just go to http://www.tape.com/contest.html, enter your name and
e-mail address and guess how many 90 meter (180 min) DAT tapes 
(all brands) we have sold in the month of December 1999. Closest 
guess wins.

No purchase necessary, only 1 entry per person. In case of tie, 
earliest entry wins.

This is the only way to enter, please do not e-mail me directly.
I will contact you via e-mail if you have won and post the winners
on the web site.

Contest ends Jan. 15th 2000. Winners will be announced on or before Jan. 30th.

Please, no phone calls. I'll contact you if you have won.

Good luck!

Art
CASSETTE HOUSE
http://www.tape.com

**
* Cassette House  Blank DAT tape - CDR's - Cassettes * 
*  Order 24 Hours A Day, 7 Days A Week!  *
* Voice:800-321-5738 * Fax: 800-848-5738 * Web Site: http://www.tape.com *
*   e-mail:[EMAIL PROTECTED]Direct Line 615-952-4993  *
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Re: MD: It's that time again (the AHRA and copying)

1999-12-30 Thread Neil


On Mon, 27 Dec 1999 15:33:56 -0500, [EMAIL PROTECTED] wrote:

  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.

Goood. So you've got a legal background.

What I'm struggling with, in all of this is the copyright issue.

Hypothetical scenario (this is truly hypothetical! ;-))...I wrote some
music, own the copyright, arrange for the sale of said music on, for
example, CD. I own the copyright. Say, for example, I decide to include a
clause in the sale of this music - *my* intellectual property, I own the
copyright, in that nobody, and I mean *nobody*, who buys it can make
unauthorised (that means without requesting from *me* and getting my
acceptance) copies of it. (I suspect most copyright owners make similar
clauses in the sale of copies of their property.)

With this in mind, I'm perfectly happy for somebody who buys the original CD
to create a backup copy to another CD, so that should they damage the
original *they* can still use it. I'm happy for them to copy it to MD or
cassette, or whatever other medium, also. All this totally with the proviso
that this copy, on whatever medium, is only used for personal, not loaned,
given or passed however to a third party. And is only usuable so long as the
owner still owns the original copyright material (ie doesn't give it away,
loan, rent, lease or sell it).

So in summary, somebody who buys my hypothetical intellectual property, can
copy it for their own use, to other mediums, so that for example they can
use it on another format, or as sort of a backup of the original media. They
can sell the original media, or give it away if they wish, but all of their
copies must either be passed to the new owner, or destroyed (logically would
do!).

My intent with these conditions is that legal owners can have backups and
use it on other mediums, but can't pass unuauthorised copies to others, or
indeed store unauthorised copies.

Now I could stipulate these conditions with the sale of my copyright
material. What legislation would make either this invalid, or prevent me
from making such caveats? Bearing in mind that nobody *has* to buy my
intellectual property - they *choose* to.

So I could make such conditions, contractually between myself, or my agents,
and the customer. As I said, nobody has to buy this, but they have to accept
the conditions if they want to buy it.

Whether proof of any transgression is tenable, is a seperate issue.

From all I've read, in the quotes of AHRA, none of what I've stipulated is
circumvented, superseded, or otherwise. In fact I fail to conceive of why
anything from your constitution (I'm English! ;-)) would make this invalid -
I mean to be fair, I own what I'm (hypothetically) selling, and nobody has
to buy it.

From what I've surmised from the quoted legislation, it appears to state
that independant bodies cannot impose restrictions in either equipment,
media or software, preventing people with recording equipment from using it.

Say I'm a musician and I'm quite happy to record and distribute my music to
anybody that wants it - I should be quite able to given the commercial
equipment available.

I also perceive it as preventing pre-emptive moves by certain parties who
may wish to make certain recordable digital devices as being illegal, simply
because they *may* be used to breach copyright.

AIUI copyright and contractual stipulations are still legal both in the US
(I would imagine as long as the stipulation are not un-constitutional or
illegal in their own right), and the UK.

If you dispute this, post the copyright restrictions from pre-recorded
media, that you would assert you are legally able to distribute freely
(assuming non-commerciality) here, then anything that *specifically* revokes
such copyright or contractual stipulations.

In terms of the "As a US citizen, I can do anything I like in my own
home...my home's my castle...I'll do what I like...I'm not listening to
you...look my fingers are in my ears...na, na, na..." type arguments - I can
only see this as purely bogus. For instance can you receive either encrypted
cable or satellite broadcasts in your home? Are you within your rights to
decrypt this, by whatever means, without paying the required subscription or
fee, in your own home? If so, why so...if not why not?

And what is the tangible difference between this and copying prerecorded
copyright material?

I mean you could really exploit the metaphor, if you were allowed to just
unilaterally revoke copyright restrictions and copy whatever you wanted, so
long as you were not making any commercial arrangements - I mean a guy could
have a whole lotta friends with which he'd allow to take personal copies of
his original copyright material - where would you draw the line?

In terms of what 99.99% of MD users do, I suspect there's 

MD: Tax/Fine on Blank MDs

1999-12-30 Thread James Jarvie


I found the copyright debate quite interesting...for
the first day or two...now I've gotten tired of the 
discussion (and quite annoyed at those who cannot seem
to enter into a debate without being rude or
condescending).

The topic did make me realize, however, that I really
didn't know much about the tax/fine that is included
in the purchase price of blank media.  I've always
known that it was there, and the basic reasoning
behind it's being there.  But I am curious (although
not yellow):

How much is added to the cost of a disc?
Who gets this money?
What are the mechanics of getting this money to the
party (or parties) who receive it?

Not an issue that keeps me up at night...just
wondering.

Best wishes for a Happy New Year to all!

James

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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Neil


On Tue, 28 Dec 1999 20:59:43 -0500, [EMAIL PROTECTED] wrote:

  
  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.

What gives you this specific "right"?

  You don't need the AHRA to do this.
  Copyright law won't hold you back.

Really?

What, legally, prevents you from watching, recording, or whatever else,
encrypted, copyright, cable or satellite broadcasts, without paying the
appropriate subscription or fee, or is this simply allowed?

  Copyright law wilts in the face of
  your most fundamental Constitutional freedoms.

'scuse me, but where does your constitution *specifically* overrule
copyright?

  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.

Surely this is just interpretation and speculation. I would suggest none of
this is written in stone, to allow individuals to ignore copyright as and
when they see fit, whilst singing the star-spangled banner, waving a flag...

AIUI you are using generalisms to validate specifics.

  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.

Whether they did, or didn't, isn't your call.

People who bought copyright material are bound by the conditions under which
they bought it. If they didn't want to be thus bound, they didn't have to
buy it - they *chose*.

  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.

Which presumably doesn't outlaw the abliilty to make home recordings, and
purchase home recording equipment. But nowhere have I seen anything that
specifically revokes copyright restrictions.

Feel free to specifically point out where copyright restrictions on
prerecorded media are now unconstitutional, illegal and now irrelevant.

Neil





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RE: MD: MZ-R50

1999-12-30 Thread Tony Antoniou


If it's brand new, I say BUY IT NOW!!! I'm the proud owner of one of these
beauties and have been using it for over 1.5 years now. Very reliable, great
sound and perfect results every time when I record live gigs (which was its
main purpose, and still is). It's a great player, but I only use it
alongside my drumkit over headphones through a cheap component amp I bought
many moons ago for a song 3#-)

As a portable player though, of the few occasions that I have used it in
that way, it's been great, with the right pair of headphones ... the stock
ones don't do it much justice. Although I like the backlit display of the
R55 (which would be an advantage to me), I decided to stick with my R50
simply because I get a Li-Ion battery instead of a NiMH and greater running
time because of it. There's a sacrifice when you go too small.

After hearing and using other brands before deciding on the R50, I felt that
the Sony was the only way to go. One reliable workhorse which I won't be
letting go of for quite some time 3#-)

Adios,
LarZ

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


-Original Message-
From:   [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf
Of Matt Vukin
Sent:   Tuesday, 16 November 1999 4:19
To: [EMAIL PROTECTED]
Subject:MD: MZ-R50


I am planning on buying my first MD recorder/player in the next month or so.
I have done a lot of research on what's out there and what soon will be out
there . . I have concluded that the MZ-R50 is one of the best looking and
performing units out there right now - even when compared to the newer
models released by Sharp, Sony, JVC, Panasonic . . .  I am looking for
feedback from anybody who has an opinion on this matter!  I don't want to
make a mistake spending so much money so please help me out if you can.  I
have found a place where I can get this player for $230 new.  THANK YOU,
THANK YOU, THANK YOU!

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MD: MiniDisc's in the movies.... Strange Days, BBC2, UK.

1999-12-30 Thread Peter Wood


Hya All,

Well spotted another MD in the movies or infact a lot of them ;). In
the UK on BBC2 last night there was a film called Strange Days.

In this scifi film people recorded a persons senses and where able to
play them back ;) Well yes you can use your imagenation ;), not only
that but robberies, etc. You get the idea.

The storage medium they where using was MiniDisc, TDK 60's I
think. Now... imagen storing 30 minutes of human senses/emotions on a
MiniDisc ;).

2 days to go guys, let's hope it's a good one ;)
To everyone on the list, have a happy new year ;)

Peter - Yawn! Damn these late night TV films. Hoping you caught that
one Gaz.
--
"These days when a guy takes a girl into his room to show her his hardware, it usually 
turns out to be a 33MHz 486DX with 120Mb hard drive and SVGA" -- Mike Knowles
Peter Wood. ([EMAIL PROTECTED]) - ICQ? UIN - 15779342
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Re: MD: MD trading

1999-12-30 Thread J. Coon


Here is the act  in question http://www.hrrc.org/ahra.html
See section 1008  which says

 SUBCHAPTER D. PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS,
REMEDIES, AND ARBITRATION

Section 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. 


http://www.hrrc.org/ahrasum.html

Youse guys can bitch all you want to but it don't change the law, and
the big buck recording companies weren't able to push it down our
throats either.  In all the time I have had a minidisc recorder, I have
copied one, CD that I didn't own.  Most of the stuff I record is from
the radio, jam sessions, concerts that I have permission, practice
sessions, or my own gigs.  


--
Jim Coon
Not just another pretty mandolin picker
mailto:[EMAIL PROTECTED]
If Gibson made cars, would they sound so sweet?


My first web page

http://www.tir.com/~liteways/
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MD: Using my MiniDisc as an optical to analogue converter....

1999-12-30 Thread Peter Wood


Hello All,

I was woundering ;)

I've recently started using the digital output of my computer CD drive
and turning it into an optical signal and it sounds great. A hell of a
lot better.

It's a lot clearer then when it's coming out of the analouge out on
the back of my CD drive and out of the headphone socket. Sounds more
refined, cleaner, etc ;)

I'm currently using my Sharp 722 as an optical to analogue converter,
ie. leaving it in record mode and taking the output from the
headphones/line into my speakers.

Am I doiung any damage to the MD while leaving it in record mode for
so long without actually recording, ie. is the laser on at all or any
other parts for physical recording in use?

Just don't want to burn anything out ;). Also does anyone know the
life expectancy of a Optical Transmitter? Mines constantly on when my
computer is, so I dont want to kill the emitter. Any one any idea in
hours? 3? etc.

Thanks,

Peter - Having a lovly xmas break trying like crazy to finish his
alevel computing project before the 4th of January. Oh lets hope
college blows up or somin ;).
--
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turns out to be a 33MHz 486DX with 120Mb hard drive and SVGA" -- Mike Knowles
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RE: MD: Add fuel to fire.....

1999-12-30 Thread Ed . Wong



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?


As a "professional DJ" (aka I pay taxes on my earnings - so I guess that makes
me a "pro" :) )
and a reader of DJ Times, there was a recent article in the magazine with an
interview
with a lawyer from the RIAA - the industry group that files the lawsuits against
people
such as the case above.

There are really two issues -
  first - what is "legal" and what is not
  second - what the RIAA (or anyone else for that matter) is likely
to actualy pursue a suit for.

Having been a long time manager and watching all the legal mumbo jumbo that
goes on in the corporate world - companies do not "stop" doing things becuase
they are "illegal" - they stop because the risk of "damages" is too high
(aka the other party can win in court easily and with a big cost to them).

Anyway - with respect to the case at hand.

The RIAA has only pursued lawsuits in cases where commercial activity
was conducted with the copies that gave an unfair advantage over an
entity acting in a legal manner. In other words:

If Mr XYZ has used his MD's in a DJ service (aka he DJ'd at a wedding etc)
but he still has a "legal" / "original" version at home - the RIAA "has not
pursued
a case of this nature to date".

If Mr XYZ has two other people working for his DJ service and he gives them
each a copy of a song for which he has purchased a legal copy and they use
them concurrently (aka both do a wedding on the same day) the RIAA HAS
pursued cases of this nature.

Note that the RIAA has NOT commented on the legality of the activity itself -
merely on if cases of this nature have been pursued.
Indeed - the RIAA has NEVER commented on the legality of the copying
itself (because it is indeed "illegal" because of its commercial nature which
therefore is not covered under the Home Recording Act)
The RIAA also realizes that there is a potential for a large backlash from
DJs that are operating in a "ethical" (but not necessarily legal) manner
where they may buy the CDs and make copies so that they dont have
to lug around a zillion CDs. Thus the lack of commentary on the legailty
of the copying activity.

The above examples apply to "commercial" activity...

Personal (aka non commercial use) is regualted under the so called
"home recording act". This basicaly says that a person can make a copy for
personal use (non commercial activity) with the assumption that a legal
copy is in possession.

Therefore - in the case of Mr XYZ above, if he decides to sell the original
(and "legal" copy) of the source material - he must "destroy" the copy at
the time the original is no longer in his ownership.

Of course - what happens in the real world is another matter all together.

EWong


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Re: MD: MD trading

1999-12-30 Thread Stainless Steel Rat


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* "Sydtech" [EMAIL PROTECTED]  on Mon, 27 Dec 1999
| Pirates are what gives the record companies the cold sweats.
| True "tape traders" (or whatever the format) trade boots, NOT pirate copies
| of stuff that's available.

As I said before, I am not a lawer, but I figure that whoever owns the
rights to the live performance owns the rights to recordings made of the
performance.  At the very least, the performer himself probably owns the
rights to his own performance.  So, I figure that if you do not have his
permission to distribute copies of recordings of his performance, you do
not have permission to distribute copies of recordings of his performance.
But you would have to ask a copyright lawyer whether or not a live
performance qualifies as being "tangible" under law.

Anyway, the original poster was asking about "trading" MD copies of
commercially released CDs, which is piracy.
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RE: MD: Name Full!!!/The Mad Titler

1999-12-30 Thread Anthony Horan


Rodney typed,

 I run out of space frequently. In fact at times I have been referred to
 as "The Mad Titler" on this list. Here is an example of one particular
 title (and keep in mind I try to title all my tracks like this if there
 are enough characters:)

 STEAL MY SUNSHINE (Album Edit) / LEN November 1999 Billboard Hot 100
 Airplay No. 5 November 1999 Billboard No. 9 track from the LP's "You
 Can't Stop The Bum Rush" and the "Go" soundtrack BPM:118

 (There is also an LP Version of the same song)

Now, try doing *that* on an MZR-37 with the teensy remote and see if you
don't get RSI :)

I'm impressed - a title like that could well take more time than the length
of the song to scroll past on some portables..!

 Starting in the first week of December 1998 because of the growing trend
 of record labels releasing hit songs to radio without accompying retail
 singles, those songs were eligible to chart on the Billboard Hot 100
 without a retail single being available. This is why, in the example
 above, "Steal My Sunshine" has a higher airplay chart number (the
 airplay chart is still published) than a Hot 100 chart number, because
 all the song's points are from radio airplay and none from retail
 singles sales, since there is no U.S. retail single.

This is, to me, the height of absurdity, and good evidence that the "Hot
100" is worthless as an indicator of what's actually making its way into
people's homes in the US. There's a separate airplay chart for a reason.

What next - albums only released to radio, not to consumers?

Other songs like
 Lou Bega's "Mambo No. 5 (A Little Bit Of...)", although technically are
 retail singles, in all practicality, are not because the Lou Bega song
 is available in the U.S. only as a 12 inch VINYL single, a pretty
 miniscule sales market compared to commercially available CD singles.

There must be a good import market there for UK and Australian-originated CD
singles.


- Anthony


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

1999-12-30 Thread Jeffrey E. Salzberg


 Yes, but the US copyright code has a clause in it particularly
 exempting home recordists.

Only those who are recording material for their own use.


=
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http://www.cloud9.net/~salzberg
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Re: MD: Aiwa AM-F70 blip at end of last track!?

1999-12-30 Thread matthew c. mead


On Tue, Dec 28, 1999 at 09:23:34PM -0500, matthew c. mead wrote:
 On Tue, Dec 28, 1999 at 11:22:13PM -, Ian Horsey wrote:
   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

 Actually, it's not a beep or tone, it's like the buffer still has
 a bit of audio data in it, and plays it after the track has
 ended.  I've also confirmed this doesn't happen on my in-dash MD
 receiver.
 Thanks for the suggestion, though!

Can anyone with this unit confirm the behavior?  If returning it
will correct the problem, I'd like to do so, if it won't, I'll
just hang onto it.  Otherwise I'm very happy with it, but I'd
like to find out if this is common.  Anyone else with an Aiwa
AM-F70 care to check?

Thanks!


-matt

-- 
matthew c. mead

[EMAIL PROTECTED]
http://www.goof.com/~mmead/
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MD: Sony MZ-R90

1999-12-30 Thread mario . muth


Is it worth buying the R90 (I'm currently using the R50) ??

Thanks for your input..

[EMAIL PROTECTED]


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RE: MD: Image is nothing. Sound is everything. Obey your ears. [OT]

1999-12-30 Thread Rodney Peterson


Obviously you bought a Sony 7000 with switches. So did I. (The first two
and a half months this DVD player was available Sony manufactured them
with switches inside the unit mounted on a circuit board labeled S001
and S002. When you remove the heavy metal cover and slide the switches
to the opposite position you defeat Macrovision and Regional Coding,
forever. Replace the cover and you're done. When too many people
realized what Sony had done and started reversing the switches Sony took
them off of all future models.)

Recently viewed "True Lies" starring Arnold Schwarzenegger and Jamie Lee
Curtis on 20th Century Fox Widescreen 2.35:1 DVD

PUBLIC SERVICE ANNOUNCEMENTS

Your local phone company would like to remind you to repeatedly and
often pick up the phone at exactly Midnight New Years Eve to make sure
there is a dial tone. Your local offcials would like to remind you
nothing says New Year's Celebration like the joyous sound of guns being
fired into the air! Persons with uzis and automatic submachine guns are
especially encouaged to discharge automatic gunfire to welcome the New
Millenium! Those lucky Americans fortunate enough to own anti aircraft
artillery are also encoraged to welcome the Millenium with a bang! And,
for Gods sake, don't let the start of another Millenium pass you by
without starting a few neighborhood riots! Remember, nothing puts the
fun in Millenium like a little well planned looting! 

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MD: Is there a way to turn off beeping on the RZ37?

1999-12-30 Thread Steven Yi


Hi,

I was wondering if there was a way to turn off the beeping on the Sony RZ37
(i.e. when the machine is paused, when the machine stops, etc.).  I have
been looking in the manual but I haven't found out a way to do so.

Thanks for any help,
steven

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MD: Strange interference

1999-12-30 Thread ExquisiteDeadGuy


Hi everyone,

  I've recently started walking around my neighborhood (too much holiday 
food, LOL) and I'm listening to music with my Sharp 702. Everything's cool 
until I reach this certain part at the end of this cul-de-sac down the road 
and I start getting interference through my headphones! 

  The best I can describe the sound is it's like a high pitched whine or 
squeal, and it goes in and out over the course of a few seconds. (For those 
of you with real good hearing, it's the same noise a computer monitor or a TV 
might make...)

  I'm at a loss to explain this noise... Anyone know what it could be? It 
only does it over an area of about 30 feet or so at the end of this street, 
nowhere else that I know of. It does it regardless of whether the disc is 
playing or paused (I haven't listened with the unit stopped or off)...

  Any ideas? It's about to drive me crazy, in more way that one! :/

~Zach (perplexed)
http://start.at/cens - The Cutting Edge of Nothing Significant
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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Andrew Hobgood


Syd -- just commending you... this is perhaps the most lucid e-mail I've
seen on this thread so far. =)

Also, this e-mail contains a lot of opinion and personal belief.  If you're
prone to flaming replies, just delete this right now.  Read only with an
open mind.

 Sydtech said:

 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.

Exactly.  This is the core of the argument.  When discussing legality of 
copying music which you do not own, people get so caught up in the lingo
that it's hard to keep a sense of what's right/wrong and what's legal/not.

[small disclaimer: I'm a US citizen and have been for all of my life.  My
   comments will therefore likely show a knowledge of law
   and ethics confined to the US. ]

My opinions (and interpretations) come down to this:

1) Copying a work to which you do not have a license (that is, have never
   officially purchased it from an artist or someone licensed by that 
   artist for distribution purposes) is illegal.
2) Copying that work for your own personal uses is not likely to get you
   caught by any police force.
3) Regardless of whether you get caught/charged/sued, copying a work that
   you do not already own at least one legitimate copy of is theft from
   the artist, their label, techs, roadies, and distributors.
4) Being theft, it is unethical (and personally deplorable) to copy a work
   in this manner.

Admittedly, I have one or two minidiscs which have been copied from CD's 
that friends have let me borrow (rat: read jer).  At the same time, these
are works which I feel a personal obligation to purchase in the near 
future, as I feel dirty whenever I listen to them.

Perhaps I suffer from moral compunctions that others simply don't feel...
that's my problem.  However, I believe that most interpretations of the
law, in the context of legal action brought by an artist or label against
an individual in the United States, will end up defending the same opinions
which I hold.

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

Yep.  I trade concert boots and unreleased/limited pressings of my favorite
groups all the time.  It's a great way for true fanatics to expand their 
collections while meeting new people with similar interests.  Burning copies 
of your CD's and trading them with others, or doing the same with MD, for the
sole purpose of pooling your music collection is a disgusting thing to do, as
it raises prices for the rest of us.  Furthermore, pirates are often confused
with bootleggers in the media, much like the common media confusion between
"crackers" and "hackers" ... one group is committing blatantly illegal acts
with no regard for the consequences, while the other group seeks to expand
certain fields, letting the legal lines grey a bit if they get in the way.

 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.

Agreed... but physically trading discs with other folks for the sole purpose
of expanding your collection with top-40 hits is stupid, illegal, and wrong.

My $0.02,

/Andrew

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Re: MD: MD Trading

1999-12-30 Thread Alan Dowds


It works the other way too Jeff. I've bought CDs in the past because I've
borrowed and copied the artist's work from a friend then grown to love the
tunes.

Word of mouth (or word of MD-recorder) is possibly the best recommendation
for a new artist.

Just a thought.

- Original Message -
From: Jeffrey E. Salzberg [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Sunday, December 26, 1999 2:46 AM
Subject: Re: MD: MD Trading



  Nobody is hurt if you weren't gonna buy the material anyway.

 Many of the CDs in my collection are of music that I decided to buy
 long -- sometimes years -- after first hearing it; if a friend had
 given me a bootleg copy of any of those recordimgs, I'd not have
 bought it so long afterward.


 =
 Jeffrey E. Salzberg, Lighting Designer
 http://www.cloud9.net/~salzberg
 =
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Re: MD: OT: [non-flame] gun control (was Re: MD trading)

1999-12-30 Thread Steve




No offense intended.  Sorry you caught a stray bullet.  ; )

On Tue, 28 Dec 1999 12:33:53 -0500 (EST), in  you wrote:

 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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MD: Sony MDR-G72 street style headphones review

1999-12-30 Thread nick


I recently bought the aformentioned street style headphones as an 
alternative for the supplied earbuds that come with sony portable recorders. 
I've compared them side by side to some Sennheiser HD 455 over-head 'phones, 
and I'm quite happy with them. Out of the box, they had a very distinct 
weaker, thinner sound than the Sennheisers, lacking in richness and guts, 
for want of better terms :)

That issue with 'wearing in' the drivers on headphones: I used to think it 
was a crock of sh*t, but after leaving the MDR-G72's playing loudly 
overnight, I'm now a firm believer. After wearing them in, they have a much 
better and richer sound, although lacking somewhat in bass, compensated 
nicely by the first setting of megabass on a R90.

To summarise, they sound pretty average out of the box, but after a fair bit 
of use, they sound pretty damn good. I'd reccommend them over replacement 
earbuds any day, because they're comfortable, and manage to stay on your 
head, and they're pretty efficient (106dB/W/m), making them great for 
portables, even for weak Sony headphone amps.

Nick - have YOU cashed in on the millenium yet?
__
Get Your Private, Free Email at http://www.hotmail.com

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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Jeffrey E. Salzberg


 
 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

I don't necessarily disagree with this, but please explain how this 
is guaranteed by the constitution.


=
Jeffrey E. Salzberg, Lighting Designer
http://www.cloud9.net/~salzberg
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Re: MD: Strange interference

1999-12-30 Thread DJ DeeKay



  ===
  = NB: Over 50% of this message is QUOTED, please  =
  = be more selective when quoting text =
  ===

Hmm...did u take a look around if theres a radio amatuer (is that 
the right word), or this person has a wireless telephone (which 
shouldn't cause intereferences). It could be that a radio amatuer in 
your neighbourhood has directed his (yagi-)antenna on this end of 
the street.

Greetz, Matthias and sorry for my bad English

 
 Hi everyone,
 
   I've recently started walking around my neighborhood (too much holiday 
 food, LOL) and I'm listening to music with my Sharp 702. Everything's cool 
 until I reach this certain part at the end of this cul-de-sac down the road 
 and I start getting interference through my headphones! 
 
   The best I can describe the sound is it's like a high pitched whine or 
 squeal, and it goes in and out over the course of a few seconds. (For those 
 of you with real good hearing, it's the same noise a computer monitor or a TV 
 might make...)
 
   I'm at a loss to explain this noise... Anyone know what it could be? It 
 only does it over an area of about 30 feet or so at the end of this street, 
 nowhere else that I know of. It does it regardless of whether the disc is 
 playing or paused (I haven't listened with the unit stopped or off)...
 
   Any ideas? It's about to drive me crazy, in more way that one! :/
 
 ~Zach (perplexed)
 http://start.at/cens - The Cutting Edge of Nothing Significant
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Re: MD: It's that time again (the AHRA and copying)

1999-12-30 Thread J. Coon


Jeffrey E. Salzberg wrote:
 
  Yes, but the US copyright code has a clause in it particularly
  exempting home recordists.
 
 Only those who are recording material for their own use.

Maybe I missed something here.  Isn't that what we have been talking
about?  Making recordings for our own use.  I want to use my minidisc
recorder to record my band practices, stuff off the radio, stuff I have
on CDs that are too big to carry in my pocket or have some tracks that I
don't like, make composite recordings, copy training cassettes so they
are easier to use than on a crumby tape recorder. 

Now another question comes up.  Since most of my recording is  of my
band practice with a microphone, I want to  make a copy of the original
so it doesn't get messed up, and edit the copy and arrange the tracks in
a nice order.  Now I can't make a digital copy of my own recording
because of that stupid SCMS crap I am forced to deal with.  Also, when I
buy my MD blanks, I have to pay a fee just in case I happen to record
someone's CD.  Now that is crap.  

--
Jim Coon
Not just another pretty mandolin picker
mailto:[EMAIL PROTECTED]
If Gibson made cars, would they sound so sweet?


My first web page

http://www.tir.com/~liteways/
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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Steve


You're a sharp cookie Neil.

I'm not going to fulfill all the requests for legal memoranda because
it would take me several days and I'm on vacation, and to be honest
I'd have a lot of learning to do.

Your point about scrambled TV programs is an excellent one that I
hadn't considered.  Cable TV companies will kick your behind in the
U.S. if they catch you and it's very enforceable.  The point about
scrambled TV broadcasts was a sharp left uppercut to my jaw!!!  I'm
woozy!!! You have me reeling!!!  I had to  THINK!!!  Okay, try
this, it wasn't the act of recording that was illegal, it was
descrambling the signal that was illegal.  Otherwise, it's just
time-shifting (see below).  I win!!!  

(shift to screen and music between pac-man levels two and three.)

I don't know how it works in England, but cases and controversies are
settled under the facts of a specific case only in the U.S. and
exactly how a court will get from point A to point B is quite
unpredictable.  They often try to avoid the big issue in the back of
everyone's mind and cut the whole thing off at the pass.   As far as I
know, no one's been prosecuted or sued for copying a friend's CD to MD
or trading MDs with a friend.  That's the big argument here isn't it?

So, sort of a case here a case there a statute there, here, to my
rudimentary understanding, is what happens in the U.S:

Want to make recordings of your own or someone else's CD for
non-commercial use in the home?  Read the clear text of the AHRA.
Hmm, Mr. Artist, Mr. Recording Industry, bring that one before a court
and you could be in trouble for bringing a frivolous law suit.

Want to sell an MP3 recorder to people for very foreseeable copyright
infringement in someone's home?  Oh dear, MP3 isn't specifically
listed in the AHRA.  Well that's okay, no one's broken the law yet.
Mr. Recording Industry, that's prior restraint.  See ya.

Want to copy some pages from a copyrighted book?  Hm.
That seems fair. We'll call that fair use.  See ya Mr. Author, see ya
Mr. Book publisher.

Want to record obviously copyrighted information from the radio or TV
and play it over and over in your home?  Hmmm... that's shifted in
time isn't it?  We'll call that time shifting.  Nothing's stolen.  See
ya.

College kid puts copyrighted information available for download on the
internet.  Don't care where he got it.  Was he selling it?  No?  See
ya Mr. Prosecutor.

It's all a little goofed in the head, don't you think?  Very creative,
but a little lame.  Come on, put two and two together, who's being
protected?

You want the FBI to get a warrant to search your home because they
have probable cause to believe you have been recording minidiscs of
other people's CD's?  Really?

You want CD's with controversial political speech (and that's a lot of
pop music these days) to be available only to people who buy them?

Bottom line, do you want the government in a position to restrict and
decide what can or cannot be copied in your home?  Don't you think
that's getting a little dangerous?  Don't you think your liberty is at
stake a little bit here?

Anytime copyright law is mitigated in the U.S., it is mitigated due to
a competing Constitutional value.  It has to be, because copyright
itself derives from the Constitution.

Much of our law is not written in statutes (so many people say quote
the exact provision that.), but rather is developed in an evolving
manner by the courts on a case by case basis.  It's called case law.
It causes uncertainty.  It makes fellows go nutty.  You have to get a
grip of the big picture.

The bottom line is, once someone gets in their home in the U.S , your
copyright grip over them loosens a lot.  Put it all together and
someone can record just about anything in their own home once and they
will be okay.  That's the way it is, the way it was, and the way it's
gonna be   Maybe we can thank the British a little for that.  ; )

Seriously, though, you're a sharp cookie.

Okay, consider this:

On the back of my Kid Rock CD (yes, I have warped musical taste, and
yes I have the actual CD) it says:

"Unauthorized reproduction of this recording is Prohibited by Federal
law and subject to criminal prosecution and a good way to get your ass
kicked then sued."   Taking the humorous intent aside for a moment,
does that mean I agree to get my ass kicked if I copy his CD?   You
don't think lawyers get a big chuckle as they're writing that
shrink-wrap crap?  It's not an enforceable contract just because it
says so.  And breech of contract is never, ever a crime in the U.S.
That's against our Constitution, too.  There are huge ugly books in
tiny print about this.

Oh yea, Stainless Steel Rat says that copyright infringement is a
civil matter but you could be found a felon.  That's odd, felons are
criminals.  Actually, if I remember correctly (and I'm going by
memory) you can be either sued in civil court or prosecuted criminally
for copyright violation.  Of course, the standards 

Re: MD: MD trading

1999-12-30 Thread Neil


On Mon, 27 Dec 1999 08:52:48 -0500, [EMAIL PROTECTED] wrote:

  
  Here is the act  in question http://www.hrrc.org/ahra.html
  See section 1008  which says
  
   SUBCHAPTER D. PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS,
  REMEDIES, AND ARBITRATION
  
  Section 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. 
  
  
  http://www.hrrc.org/ahrasum.html
  
  Youse guys can bitch all you want to but it don't change the law, and
  the big buck recording companies weren't able to push it down our
  throats either.

Surely this is where you've shot your own argument in the foot?

When is obtaining a piece of commercially available, copyrighted material
not a commercial endeavour? When do they start giving it away for free?

Where does it give you, or anybody else the right to obtain copyright
material without owning a legitimate copy?

Surely all this means is that if you have a CD player, a MD player, an MP3
player, a tape player, you don't have to purchase several versions of the
copyright material, you can simply purchase one, and use your various other
formats to record this copyright material for your own, non-commercial use?

Where does it say you can pirate it offa friend who happens to have a copy?

Where would you draw the line? Say a small town with 1000 or so "friends"
living in it, they'd only have to purchase one legitmate copy between the
whole town, and the rest could just pirate it for free, so long as there was
no money changing hands? Surely you can't be trying to say this sort of
thing is allowed by this?

I'll repeat surely every time you obtain a piece of copyright material it is
a commercial endeavour, unless you're breaching the copyright, or simply
copying it to another format so you can still use it on other platforms.

  In all the time I have had a minidisc recorder, I have
  copied one, CD that I didn't own.  Most of the stuff I record is from
  the radio, jam sessions, concerts that I have permission, practice
  sessions, or my own gigs.  

It has to be said, that in all of this, I just think people are reading into
this things they wanna hear.

Specifics from generalities, that probably came about to pre-empt those with
greed attempting to make punters by multiple copies...

Once again, what does it say in the copyright notice on any of your
prerecorded CDs or whatever you use?

Neil





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 The fastest way to find your Holiday gift this season

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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Neil


On Thu, 30 Dec 1999 11:58:18 -0500, [EMAIL PROTECTED] wrote:

  You're a sharp cookie Neil.

H...not really sure how to take that! ;-)

  Your point about scrambled TV programs is an excellent one that I
  hadn't considered.  Cable TV companies will kick your behind in the
  U.S. if they catch you and it's very enforceable.  The point about
  scrambled TV broadcasts was a sharp left uppercut to my jaw!!!  I'm
  woozy!!! You have me reeling!!!  I had to  THINK!!!  Okay, try
  this, it wasn't the act of recording that was illegal, it was
  descrambling the signal that was illegal.  Otherwise, it's just
  time-shifting (see below).  I win!!!  

I always thought cable and satellite TV companies would prosecute you for
copyright theft, or perhaps just simply theft or fraud for this, both over
there across the pond, and here in England.

Again, I can't see much tangible difference between this, and copying
somebody else's CD to MD.

  (shift to screen and music between pac-man levels two and three.)

Nice ;-)

  I don't know how it works in England, but cases and controversies are
  settled under the facts of a specific case only in the U.S. and
  exactly how a court will get from point A to point B is quite
  unpredictable.  They often try to avoid the big issue in the back of
  everyone's mind and cut the whole thing off at the pass.   As far as I
  know, no one's been prosecuted or sued for copying a friend's CD to MD
  or trading MDs with a friend.  That's the big argument here isn't it?

I don't think it's likely they would get prosecuted, either. But I would
still contend it's technically illegal, which I think is the point in
debate.

Again read the terms of the copyright agreement for clarification.

  So, sort of a case here a case there a statute there, here, to my
  rudimentary understanding, is what happens in the U.S:
  
  Want to make recordings of your own or someone else's CD for
  non-commercial use in the home?  Read the clear text of the AHRA.
  Hmm, Mr. Artist, Mr. Recording Industry, bring that one before a court
  and you could be in trouble for bringing a frivolous law suit.

But does it say you are allowed to breach copyright, and not actually have a
copy yourself? In that it's OK simply to pirate somebody else's copy? When
does the commercial aspect kick in? Surely you would have been a commercial
customer if you'd actually had to buy the CD?

  Want to sell an MP3 recorder to people for very foreseeable copyright
  infringement in someone's home?  Oh dear, MP3 isn't specifically
  listed in the AHRA.  Well that's okay, no one's broken the law yet.
  Mr. Recording Industry, that's prior restraint.  See ya.

Which is completely valid. I don't believe you could simply outlaw certain
devices with the idea that they could be used, potentially, for small-scale
piracy.

  Want to copy some pages from a copyrighted book?  Hm.
  That seems fair. We'll call that fair use.  See ya Mr. Author, see ya
  Mr. Book publisher.

See the copyright notice. No autopsy, no foul - copyright owner agrees.
Copyright owner explicitly doesn't agree, or decides to disallow - I would
imagine they have perfect grounds.

  College kid puts copyrighted information available for download on the
  internet.  Don't care where he got it.  Was he selling it?  No?  See
  ya Mr. Prosecutor.

Does he *own* it, or the copyright? See the copyright agreement - let the
courts decide.

  You want the FBI to get a warrant to search your home because they
  have probable cause to believe you have been recording minidiscs of
  other people's CD's?  Really?

No, not at all. I think the debate is on the legality of the situation, not
necessarily the practicality or the risk.

  You want CD's with controversial political speech (and that's a lot of
  pop music these days) to be available only to people who buy them?

Quite simply, poignantly and plainly - depends on who owns the copyright and
the restrictions, or lack of, that they permit their material to be
distributed with.

  Bottom line, do you want the government in a position to restrict and
  decide what can or cannot be copied in your home?

No, so long as you actually have complied with whatever copyright
restrictions apply.

I mean if you own a CD, I don't think anybody is gonna come breaking down
your door telling you what you can and can't do with it.

If you don't, and are pirating it offa friend, I don't think anybody is
gonna come breaking down your door, either. But I still don't believe it's
legal, unless the copyright agreement allows it.

  Don't you think
  that's getting a little dangerous?  Don't you think your liberty is at
  stake a little bit here?

This is a little of a strawman really.

  Anytime copyright law is mitigated in the U.S., it is mitigated due to
  a competing Constitutional value.  It has to be, because copyright
  itself derives from the Constitution.

I would imagine that in reality, copyright is derived from peoples'

RE: MD: Aiwa AM-F70 blip at end of last track!? (off-list)

1999-12-30 Thread Grant Goodale


I have an AM-F70 (US domestic model, if it matters), and have never heard
the problem you describe.  Sounds like you got a bum unit - swap it out with
your retailer, if you can.

Grant
[EMAIL PROTECTED]

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On
Behalf Of matthew c. mead
Sent: Thursday, December 30, 1999 6:50 AM
To: [EMAIL PROTECTED]
Subject: Re: MD: Aiwa AM-F70 blip at end of last track!?



On Tue, Dec 28, 1999 at 09:23:34PM -0500, matthew c. mead wrote:
 On Tue, Dec 28, 1999 at 11:22:13PM -, Ian Horsey wrote:
   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

 Actually, it's not a beep or tone, it's like the buffer still has
 a bit of audio data in it, and plays it after the track has
 ended.  I've also confirmed this doesn't happen on my in-dash MD
 receiver.
 Thanks for the suggestion, though!

Can anyone with this unit confirm the behavior?  If returning it
will correct the problem, I'd like to do so, if it won't, I'll
just hang onto it.  Otherwise I'm very happy with it, but I'd
like to find out if this is common.  Anyone else with an Aiwa
AM-F70 care to check?

Thanks!


-matt

--
matthew c. mead

[EMAIL PROTECTED]
http://www.goof.com/~mmead/
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Re: MD: It's that time again (the AHRA and copying)

1999-12-30 Thread Magic


From: Eric Woudenberg [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Wednesday, December 29, 1999 3:58 AM
Subject: Re: MD: It's that time again (the AHRA and copying)



 "Magic" [EMAIL PROTECTED] writes:

  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.

 Matt, we're getting somewhere! You agree home recording is okay now?
 We can move on to the problem of what I do with my copies of your CDs :-).

 Rick


Rick, I've never said recording at home is a problem, it's the recording
"for a friend" or swapping the CDs where my point lies. The AHRA seems to
being used to make it alright if you "borrow a CD" and record it or you
record a CD and "give the copy to a friend". There is no part of the AHRA
that says anything at all about giving the copies away, it just says I'm
allowed to copy stuff, which I was allowed to do before the AHRA existed!
The point being argued is whether the copies made have to be of music I
already own, or whether I am allowed to make copies for a friend - I still
argue that you are not because this act breaches copyright, and as far as I
can tell the law backs me up on this, both in the US and the UK. If
recording CDs to MD for my own use is illegal then I'm as guilty as anyone
else - it's one of the reasons I bought a portable MD.

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: Add fuel to the fire

1999-12-30 Thread goobster


Let's not bring the DJ's into this. Again, a DJ is
paid for playing tracks. Therefore, if a DJ plays a
track that he didn't buy at a record store, but rather
copied from a friend, then it's theft (clearly,
unlicensed commercial use, just like sampling without
permission).

We're discussing HOME RECORDINGS (for the uninitiated,
it's the records that you listen to at home, or in the
car, or in bed, without getting paid for it, just for
your own pleasure). 

It's not adding fuel to the fire, it's comparing
apples and oranges.


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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread PrinceGaz


From: "Steve" [EMAIL PROTECTED]
(...snip)
 (shift to screen and music between pac-man levels two and three.)

I trust you have bought Pacman, or if downloaded from my website as
a ROM image that you also have the appropriate arcade console or
permission from the copyright owner :-)

Of course since no-one would put 10p or whatever in the slot to play
it anyway, there is no commercial gain... ummm!

Cheers,
PrinceGaz -- "if it harms none, do what you will"

Email: [EMAIL PROTECTED]
Website: http://website.lineone.net/~princegaz/
ICQ: 36892193



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Re: MD: Add fuel to the fire

1999-12-30 Thread J. Coon


Whoa, just because someone buys a CD, it doesn't give them the right to
play it in public for pay.  THey or the establishment they play it in
owes royalty fees.  It doesn't matter if they own the CD, copied it to
MD, borrowed it from a friend or what.  Ever hear of ASCAP?  In case you
haven't, they are  the ones that tried to shut down the the Girl Scouts
and had them doing the Macarina with out music.  The public outcry sure
made them look like greedy fools.  

http://ascap.com/ascap.html

goobster wrote:
 
 Let's not bring the DJ's into this. Again, a DJ is
 paid for playing tracks. Therefore, if a DJ plays a
 track that he didn't buy at a record store, but rather
 copied from a friend, then it's theft (clearly,
 unlicensed commercial use, just like sampling without
 permission).
 
 We're discussing HOME RECORDINGS (for the uninitiated,
 it's the records that you listen to at home, or in the
 car, or in bed, without getting paid for it, just for
 your own pleasure).
 
 It's not adding fuel to the fire, it's comparing
 apples and oranges.
 
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Jim Coon
Not just another pretty mandolin picker
mailto:[EMAIL PROTECTED]
If Gibson made cars, would they sound so sweet?


My first web page

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Re: MD: Strange interference

1999-12-30 Thread ExquisiteDeadGuy


In a message dated 12/30/99 10:46:25 AM Central Standard Time, 
[EMAIL PROTECTED] writes:

/|\/|\ Hmm...did u take a look around if theres a radio amatuer (is that the 
right word), or this person has a wireless telephone (which shouldn't cause 
intereferences). /|\/|\

Hey Matthias :)

  Nope, I'm sure it's not that. I'm pretty positive I'm the only amateur in 
the neighborhood. Whatever it is, I *will* be investigating it further... 
Whenever those darn FBI agents show up. :)

~Zach (who is beginning to believe Neil...)
http://start.at/cens - The Cutting Edge of Nothing Significant
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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Dan Frakes



  ===
  = NB: Over 50% of this message is QUOTED, please  =
  = be more selective when quoting text =
  ===

Eric Woudenberg [EMAIL PROTECTED] wrote:
I agree though that web based MD trading groups stretch the 
definition of private (though the actual trade might still be a 
personal, private exchange). So I am willing to concede that 
Congress probably wasn't considering the publicly noticed, 
private recording opportunities that the web allows when the 
AHRA was written.

Very true ;-)
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Re: MD: Another look at the AHRA and MD

1999-12-30 Thread Rodney Peterson


Isn't it about time to let this pirate discussion walk the plank?

Recently viewed "True Lies" starring Arnold Schwarzenegger and Jamie Lee
Curtis on 20th Century Fox Widescreen 2.35:1 DVD

Recently recorded "Ends" by C.J. Mac Featuring W.C.  Finale on Hoo
Bangin'/Priority/TM Century Compact Disc to MiniDisc

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

1999-12-30 Thread Dan Frakes


[EMAIL PROTECTED] wrote:
That's just not so!  Your original post started out:
[snip]
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.

I went to the URL Seth posted (which wasn't the AHRA), and found sections 
he neglected to quote. That's it. I never claimed they were from the 
AHRA, nor implied it.

P.S. The fact that it's "older portions of the copyright law" doesn't 
mean it doesn't apply any more ;-)

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".

These were discussing two different issues. But those statement aren't 
contradictory, BTW.
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Re: MD: Using my MiniDisc as an optical to analogue converter....

1999-12-30 Thread David W. Tamkin


Peter asked,

| Am I doiung any damage to the MD while leaving it in record mode for
| so long without actually recording, ie. is the laser on at all or any
| other parts for physical recording in use?

That depends on the unit.  Some keep the laser focused and the recording
head on the disc surface during record-pause, and some don't.

Perhaps what you really need is a unit that has a monitor mode, where you
can use its DAC without having a disc inside.

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MD: Constitution Quickie

1999-12-30 Thread Steve


I think of the Amercian Home Recording Act as punching a hole in
copyright law to keep it from violating your Constitutional rights.

Where in the Constitution U.S. copyright law comes from:

SECTION VIII. POWERS GRANTED TO CONGRESS

 The Congress shall have power to ...

8. To promote the progress of science and useful arts by
 securing for limited times to authors and inventors the
 exclusive right to their respective writings and
 discoveries;

Other relevant, potentially competing values:

PREAMBLE
  We the people of the United States, in order to form a more
  perfect union, establish justice, insure domestic
  tranquillity, provide for the common defense, promote the
  general welfare, and secure the blessings of liberty to
  ourselves and to our posterity, do ordain and establish
  this CONSTITUTION for the United States of America.

This Constitution, and the laws of the United States
 which shall be made in pursuance thereof; and all
 treaties made, or which shall be made, under the
 authority of the United States, shall be the supreme law
 of the land; and the judges in every State shall be
 bound thereby, anything in the Constitution or laws of
 any State to the contrary notwithstanding.

AMENDMENTS TO THE CONSTITUTION
  [The first ten Amendments are known as the BILL OF RIGHTS,
  and were adopted in 1791]

ARTICLE I. RELIGIOUS AND POLITICAL FREEDOM
 Congress shall make no law respecting an establishment
 of religion, or prohibiting the free exercise thereof;
 or abridging the freedom of speech, or of the press; or
 the right of the people peaceably to assemble, and to
 petition the government for a redress of grievances.

ARTICLE IV. SEARCHES AND SEIZURES
 The right of the people to be secure in their persons,
 houses, papers, and effects, against unreasonable
 searches and seizures, shall not be violated, and no
 warrants shall issue but upon probable cause, supported
 by oath or affirmation, and particularly describing the
 place to be searched, and the persons or things to be
 seized.

ARTICLE V. RIGHT TO LIFE, LIBERTY, AND PROPERTY
 No person shall be held to answer for a capital, or
 otherwise infamous crime, unless on a presentment
 [formal charge] or indictment of a grand jury, except in
 cases arising in the land or naval forces, or in the
 militia, when in actual service in time of war or public
 danger; nor shall any person be subject for the same
 offense to be twice put in jeopardy of life or limb; nor
 shall be compelled in any criminal case to be a witness
 against himself, nor be deprived of life, liberty, or
 property, without due process of law; nor shall private
 property be taken for public use [i.e., by eminent
 domain] without just compensation.

ARTICLE VI. PROTECTION IN CRIMINAL TRIALS
 In all criminal prosecutions, the accused shall enjoy
 the right to a speedy and public trial, by an impartial
 jury of the State and district wherein the crime shall
 have been committed, which district shall have been
 previously ascertained by law, and to be informed of the
 nature and cause of the accusation; to be confronted
 with the witnesses against him; to have compulsory
 process [subpoena] for obtaining witnesses in his favor,
 and to have the assistance of counsel for his defense.

ARTICLE VII. SUITS AT COMMON LAW
 In suits at common law, where the value in controversy
 shall exceed twenty dollars, the right of trial by jury
 shall be preserved, and no fact tried by a jury shall be
 otherwise re-examined in any court of the United States,
 than according to the rules of the common law.

ARTICLE IX. CONCERNING RIGHTS NOT ENUMERATED
 The enumeration in the Constitution, of certain rights,
 shall not be construed to deny or disparage others
 retained by the people.

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Re: MD: Strange interference

1999-12-30 Thread Neil


On Thu, 30 Dec 1999 15:26:17 EST, [EMAIL PROTECTED] wrote:

  ~Zach (who is beginning to believe Neil...)

Hey Zach!

The truth is out there...

Happy New Year!

Neil





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Re: MD: Constitution Quickie

1999-12-30 Thread Neil


On Thu, 30 Dec 1999 19:35:45 -0500, [EMAIL PROTECTED] wrote:

  
  I think of the Amercian Home Recording Act as punching a hole in
  copyright law to keep it from violating your Constitutional rights.

US constitution stuff snipped...

Where in the constitution does it describe the "right" to steal others
copyrighted intellectual property.

A few questions:-

1. Do you have any legal entitlement, constitutional right, or otherwise, to
view record or otherwise display encrypted, subscription or pay events
broadcast either on cable or satelite networks, when not paying for the
event by either subscription or the appropriate payment?

If not, why not, and what is the offence?

What is the tangible difference between this and copying a copyright
protected CD that you don't own?

2. Is it legal for you to make copies of copyright protected prerecorded
video tapes / DVDs, that you do not own, to either recordable analogue or
digital media?

If not, why not and in what way does this differ from copying copyright
protected music media?

3. Is it legal for you to make a copy of copyright protected computer
software (ie not shareware, freeware, but software with copyright conditions
similar to that of prerecorded music media), that you do not own, for the
purpose of using in your own home?

Again, same questions, if not, why not, and how does this differ from
copyright protection on music media?

A few poignant questions that I hope demonstrates the point.

Where I believe the AHRA thingy comes in is in the example of say software -
being able to backup the original media, or put it on different media to
more suit personal needs.

Similar for music media.

And I suspect it also pre-empts and dubious arguments against certain audio
equipment.

Neil





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Re: MD: MD trading

1999-12-30 Thread Jeffrey E. Salzberg


 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. 
 
 
 http://www.hrrc.org/ahrasum.html
 


 Youse guys can bitch all you want to but it don't change the law,

You're right.  The law, however, says you may distribute the 
*medium*; it does not say you may distribute the *content*.

Folks, trust me.  I deal with these issues daily.



=
Jeffrey E. Salzberg, Lighting Designer
http://www.cloud9.net/~salzberg
=
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MD: Copying, blah blah blah blurgh....

1999-12-30 Thread Magic


You realise we've all been arguing the copying thread so long we seem to
have lost track of what the real issue was:

Whether you are allowed to record a CD onto an MD, then give the MD to a
friend.

Having flogged the recording issue to death and beyond (which was actually
rather stupid because it wasn't the real issue anyway), can we now drop the
copying thread?

The real issue is whether you can give the copied material to other people,
not whether you can record it or not.

Assuming my CD is a legitimately obtained copy, and that I am allowed to
record it onto an MD:
Am I, or am I not, allowed to give the duplication of one of my CDs to
somebody who doesn't already own a copy?

I would say no


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: newbie question re: MZ-R30

1999-12-30 Thread Lost_Sailor


 cc:(bcc: Steven Brooks/HOME_OFF/AGLIFE)

Before logging my comments on the MZ-R30... Am I correct in the assumption
that there was some kind of SMTP conversion on this message that resulted in
a bcc field being included visibly in the message body?
Christ, if the product I serve as point for did that we'd be out of
business... hopefully, it's either the Steven's client or someone needs to
spank their ISP for not setting the MX up correctly.
nuff said ...
 Please respond to [EMAIL PROTECTED]

 To:   [EMAIL PROTECTED]
 Subject:  MD: newbie question re: MZ-R30





 I don't have any minidisc devices, however i am thinking of purchasing a
 used Sony MZ-R30. Is this a good unit?

 I don't have many choices, so im looking for maybe "dont buy it and save
 your money" answers, rather than "buy this or that instead" answers.

I have an R30 and I absolutely love it. I would imagine the R55 or one of
it's other decendents is even nicer, but I haven't really played with em. I
would even risk the debate and say that the difference in audio output is
remarkably close to that of my portable DAT deck (PCM-M1), considering all
the psychoimaging going on. My attorney regular goes to concerts with me and
patches optically to my deck using my md deck. And the CDs he burns, sound
only marginally different. Course the model is several years old, and I
doubt it's still in production. But if you can score a close-out for under
say $225 (which is what I bought mine for from an outfit in California),
it's a good deal. I doubt I'd ever consider buying _any_ used md portable
from anyone I didn't know, simply because they're so delicate. But just bear
in mind when shopping on ebay and places like that, if it's "catchy"
technology, the sellers want way too much even at the opening bid.
  I frequently see old TCD-D3 DATs (so obsolete, they're practically an
ashtray) go for over $400... which is rediculous considering they're
probably sporting badly worn heads. What's worse is that I routinely see the
PCM-M1 go for $650 and you can buy new ones @ Oade.com for that price.
Bottom line, if you're paying more than $250, just spend another $100
and get the R55
  Peace,
Tom

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Re: MD: Copying, blah blah blah blurgh....

1999-12-30 Thread tkwong


Wow I didn't notice that there was a copyright/trading flame thingie going
on on MD-L. It's nice to know that all my mail filters are working! and
everything got moved to the trash folder. I set these filters up 5-6 years
ago where on another mailing list, people were talking about similar things
and several wannabe lawyers telling us what's written in the books. This
spanned several weeks with about 270 messages a day.

tk

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