Posted on 06/25/2003 6:15:06 PM PDT by jimmccleod
What percent of the sales price is the IP worth?
Where can I bring a case of unlistenable lps, tapes, cds to be exchanged for new copies? How much should they cost to replace?
If one buys a cd, loses it, then get's a copy from a friend, did one pay the licensing fee?
If your home burns, and you lose a 500 cd collection, do you have to replace it at full price?
What if the albums are no longer available?
How many times should one pay the piper for the same song?
Say what?? What does any of this have to do with the rights of copyright holders, or the status of authorized/unauthorized copies of copyrighted work?
Could you please elaborate on the reasons that you think:
1. A CD at Joe's Used CD Shop is not a licensed copy.
2. A song you download on Kazaa is not an unlicensed copy.
Everything.
Such as: ---, ---, ---? Please fill in the blanks.
And please answer the rest of the previous post:
Could you please elaborate on the reasons that you think:
1. A CD at Joe's Used CD Shop is not a licensed copy.
2. A song you download on Kazaa is not an unlicensed copy.
1. This is a business making a profit selling a cd and not allowing the copyright holder any benefit from the sale. This is clearly wrong. Also, used book stores are doing the same underhanded practice.
2. A song from Kazaa "could" be an unlicensed copy if.......
A. the song has a valid copyright in the first place ...and (aa.) it was never played on a radio station or anywhere it could be heard for free (bb.) the Copyright holder doesn't want you the hear it
B. A person has never bought the song at any time in the past and paid the "piper" already
1. This is a business making a profit selling a cd and not allowing the copyright holder any benefit from the sale. This is clearly wrong. Also, used book stores are doing the same underhanded practice.
This is not an underhanded practice. I suggest you look up something called the "doctrine of first sale." A copyright holder maintains rights to royalties only on an initial purchase. From there, the disc or book or whatever is the owner's to do with as he wishes. (Except to make a copy.)
A song from Kazaa "could" be an unlicensed copy if... A. the song has a valid copyright in the first place
Well, every piece of work is inherently copyrighted. Only work that has fallen into the public domain would be exempt.
(aa.) it was never played on a radio station or anywhere it could be heard for free
This is completely irrelevant and has nothing to do with anything. I mean, you're essentially just making stuff up at this point.
(bb.) the Copyright holder doesn't want you the hear it
Bingo.
B. A person has never bought the song at any time in the past and paid the "piper" already
This is irrelevant. "Buying the song" at some point in the past does not empower you to infringe a copyright holder's exclusive right to reproduce and distribute his work.
When was your first post on this issue? How many have you made since then? That's an awful lot of posts, and an awful lot of points.
Fact is, when you made your post here and then tried to back it up here (after being asked to do so no less than three times), I knew you had left Ignorance behind in your rearview mirror for Stupidville, howling like Gary Busey in The Gumball Rally.
If you are right,then.....
I buy a cd from a record shop... I make my "allowed" single copy for my mini-disc player...... I give the cd to a friend...... The cd is his now (there are now two legitimate copies)...... He makes a copy for his computer...... and so on...... and so on......
Or someone could call and request the song on the radio......then everyone (that wanted one) could have a copy simultaneously
For example: Recording the content onto a cassette tape for your own personal use.
Recording a song off of a radio is also prohibited, even if for your own personal use.
In fact, "personal use", in and of itself, is a term opposed by the RIAA.
Where did I say that?
No, actually, recording a copy onto a cassette tape for personal use is defensible under fair use.
You were describing the scenario of a song on Kazaa. Distribution is inherent to that scenario. "File-sharing" is a distribution of files.
Such as playing it on the radio????
And a farmer who has his watermelon patch raided is distributing watermelons.
You are much worse off than I thought.
But, since you actually require me to explain it:
You said songwriters need that copyright protection so they can feed their kids, implying these people are dirt poor.
After my asking you three times, you give a response that reminded me of an occurrence at a university on the east coast ten years ago: As part of a class, a group of female students posted a sign bearing the names of every male member of the student body at that university, under the legend, All of the below are potential rapists. The insinuation, of course, was that all boys are potential rapists.
With your suggestion in the latter linked post all songwriters are dirt poor, you were making an absolutely incredulous and absurd statement on par with Jhoffa's "Don't like the RIAA and record companies? Then don't listen to music."
In fact, judging from your and his posts in this thread alone, it seems you are once again engaged in a race to the summit of the mountain called obnoxiousness.
Exactly correct, and it remains the modus operandi of the internet pirates attempting to justify their thievery on internet message boards. They simply refuse to objectively look at the personal responsibility of their own actions, and subsequently incorrectly conclude what they ultimately represent. Much like the alcoholic, who without admission of what his actions indicate, instead blame others and continue their path of self destruction. Good luck in your efforts to educate and enlighten, unfortunately many have simply becomed 'hooked' on free music and will never be cured without equivalent education as provided in 'detox' programs.
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