Text 4727, 101 rader
Skriven 2006-07-25 11:19:00 av Robert E Starr JR (5224.babylon5)
Ärende: Re: Babylon 5 in your ear
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@MSGID: <hc0cc290070tmf6qpmpg7852t9q8id2ijo@4ax.com>
@REPLY: <1152446367.140026.27080@m79g2000cwm.googlegroups.com>
On Sun, 23 Jul 2006 22:21:28 -0500, "Dennis \(Icarus\)"
<ala_dir_diver@yahoo.com> wrote:

>"Amy Guskin" <aisling@fjordstone.com> wrote in message
>news:0001HW.C0E96EA9010CF354F0407530@news.verizon.net...
>> >> On Sun, 23 Jul 2006 06:52:42 -0400, Jeff Teunissen wrote
>> (in article <e9vkdq$tet$4@odo.d2dc.net>):
>>
>> > Amy Guskin wrote:
>> >
>> >>>> On Tue, 11 Jul 2006 10:14:52 -0400, Bill wrote
>> >> (in article <1152627292.100341.317500@75g2000cwc.googlegroups.com>):
>> >
>> > [snip]
>> >
>> >>> I thought US copyright law allowed for the creation of backup copies,
>> >>> but with a practical maximum (i.e. one copy stays in the car CD player
>> >>> and one in your laptop). Or did I just pull a massive copyright
>> >>> infringement by making one copy of all my modern music CDs for my
>> >>> daughter? <<
>> >>
>> >> The easiest way to explain it is that no one is going to attempt to
>charge
>> >> you with infringement, or send you a cease and desist letter, for
>making
>> >> backup copies of your own collection.  That's not who the RIAA is
>after.
>> >>
>> >> There is, however, a world of difference between that and, for
>instance,
>> >> taking all those backup copies you made, and giving them out to
>friends,
>> >> whether or not those friends have those same CDs themselves.
>> >
>> > Making copies of copyrighted audio recordings, while not lawful under
>any
>> > circumstance, is not "actionable" if you use the audio-specific
>recordable
>> > discs to do it. The copyright holder on the music is barred from suing.
>The
>> > right to sue over it was taken away in exchange for levies on the media.
>> >
>> > So yes, you can make copies of your CD collection and _give_ them to all
>your
>> > friends (assuming you use the right discs, which are about a dollar
>each).
>> You
>> > still can't sell the copies, but you can make as many as you want and
>give
>> > them to anyone you want. In effect, when you buy those CD-Rs you are
>buying
>> > amnesty for all the copyrighted music you put on them (as long as you
>only
>> > distribute non-commercially). <<
>>
>> Working up your own legal theories in your spare time may be fun, but you
>are
>> _way_ off base.
>>
>> There seems to be some sliver of truth in what you say, but the idea that
>a
>> court would dismiss your case because you recorded 1,000 discs of
>copyrighted
>> music on CD-R and _gave_ them to 1,000 of your friends is wishful
>thinking,
>> at best.  And at worst, still an infringement.
>
>Hmm...then by that "logic" wouldn't a company be able to buy copy of some
>software, copy it onto their CD-R's (which they paid for) then distribute it
>throughout the company?

Software is a different beast in some ways. Music (at least none that
I've purchased) does not have an End User License Agreement (EULA)
that states "for use on ONE computer, only" (if it's that kind of
software)

EULAs also explicitly state how many copies (if any) may be created
and for what purpose (i.e. "one backup copy")

So I contend that the case of software distribution within a company
is covered from a legal sense in the EULA.

The "music industry" is "represented" by the RIAA (in the US, in any
case) and they are the lobbying group that pushed through the tarriffs
on blank media.

Which I find really offensive, since I use the blank media to record
my own compositionns - so I should, by *my* legal logic (heh), be
getting reimbursed the tarriff price. (Well, OK, I record my stuff on
"data" discs, which run as little as 15 cents each.

-Wendy
                                                                        
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