Text 7210, 76 rader
Skriven 2005-03-17 06:59:33 av David Drummond (3:640/305)
   Kommentar till text 7165 av mark lewis (1:3634/12)
Ärende: Copyrights
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mark lewis -> David Drummond wrote:

 DD>> Because the amount is so minuscule on each individual media
 DD>> item, it takes the sum of them to raise enough to re-imburse
 DD>> the artists.

 ml> uhhh... seems to me that 20 million 5 cent payments amounts to quite a
 ml> decent amount of money... hell, i'd like to have 1/16th of that given to
 ml> me each year yet they are collecting that total amount on a much shorter
 ml> timespan than a year...

But would you settle for the one instalment of 5 cents?

 ml>>> no... i believe that they should be paid for their work... just as
 ml>>> shareware authors should be paid for their work which OZ doesn't
 ml>>> legislate but instead actively allows shareware to be pirated...

 DD>> One cannot pirate shareware - it is free to copy even in your
 DD>> society. Remember that copyright law is about "copying" stuff,
 DD>> not the use of once copied.

 ml> no, copyright law is about protecting one's intellectual property and
 ml> being able to be compensated for the use of that intellectual property...

In this country it is about the ownership of the works, and the "right" to copy
it.

 ml> shareware can be (and is) pirated by cracking registration codes and
 ml> using cracked registration codes instead of paying the owner of that
 ml> intellectual property the fee for a valid and legal registration key...

That is not limited to Shareware, commercial ware suffers the same problem.


 DD>> It is the licensing of the use of shareware that falls down
 DD>> (for the author) in Australia.

 ml> please explain or point to case law that explains...

The Shareware agreement fails to fulfil the criteria of Australian Contract
laws.

In this country, for a contract to be binding, there have to be three things;

offer, acceptance, and consideration.

No payment means no consideration. One has not entered into any agreement.


 DD>> All perfectly legal :)

 ml> yeah, for a penal colony ;)

The last penal colony in this neck of the woods was shut down in 1839, prior to
the "free settlers" arriving.

Very few of Australians alive today are descended from those who were
incarcerated here. The conditions were so severe that most perished within the
institutions, or in the wilderness if/when they escaped.

Most living here have/or are descendants of those who migrated here after WWII.
I arrived in this country in 1980. My ancestors were free settlers in New
Zealand. They migrated there from Scotland, arriving in Nelson on 8th August
1855.

Australia has a fully working legal system that has no connection to any of its
pre-settler history.

-- 

regards

David

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 * Origin: Bugger! (3:640/305)