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  1.    #21  
    That is the little blurb from the AHRA (Audio Home Recording Act.)

    Notice the part about the RECORDING MEDIUM. Meaning, you're allowed to make a tape (even a DIGITAL TAPE! ) of a song, and distribute it to your friends for non-commercial uses.
    <b><font size=1 color=teal>"Sorry about the whole thing about losing your life savings, but that Palmpilot is property of Enron, so please give it back"
  2. #22  
    But no..

    take this..

    I just get meself evyer goddamn microsoft product there is, and I put up my own little private FTP site of all this crap, for my friends to dl from and all. MS's scanners find this site, and threaten to sue me if I don't take it down, why? becuase I'm piriting software. It's not for commercial gain, heck I lose money on it becuase of bandwidth, but it's wstill illegal. Without it, everyone could get everythign for free, from their friends.. If or when I get a game or a CD from a friend, what I'm doing is illegal. Totally, unquestionably illegal I idn't purchase the liscence to use this stuff, it's not mine.
    -Michael Ducker
    TreoCentral Staff
  3. #23  
    I'm such a sucker for an argument. Sigh.

    Notice the part about the RECORDING MEDIUM. Meaning, you're allowed to make a tape (even a DIGITAL TAPE! ) of a song, and distribute it to your friends for non-commercial uses.
    Are you an intellectual properties lawyer? I ask because you are taking some extreme liberties in translating the legalese of the statement you are quoting from...and unless you are an intellectual properties lawyer, I find it hard to believe your interpretation.

    The statement above says that it is legal to manufacture, import, and distribute an audio recording
    medium.

    That means that it is legal to sell blank tapes, CDs, what have you...

    I've read it over and over, and I simply can not find where it says that I am "allowed to make a tape (even a DIGITAL TAPE! ) of a song, and distribute it to [my] friends for non-commercial uses"

    bblue, I've been in the business of dealing with copyright issues for quite a few years now and, while I am not a lawyer, I can assure you that you are reading WAY too much into that paragraph of text. You are really arguing against the basic principals of copyright law: YOU CAN NOT COPY COPYRIGHTED MATERIALS.

    The paragraph of text you are reading has little, if anything to do with the consumer. It was written so that manufacturers and distributors of recording devices would in no way be liable in copyright disputes. In otherwords, if you are ever convicted of breaking copyright laws, Sony can't be held liable in anyway even though you used a Sony MP3 player to copy the song.

    It protects the device manufacturer. Not the consumer.

    That's not to say it isn't a good law. Without it, we wouldn't have the opportunity to purchase digital recording devices.

    Back in the late 70s, a similiar debate was brought up when VCRs first came out. The movie industry fought hard to prohibit the sale of them, as they felt it was going to cripple their industry. It was decided that we, as consumers, have the right to record and copy television programs for our own personal use, and that it should be legal to sell VCRs because of that.

    Of course, there were and are people who would copy movies and such to give to their friends. This was and is illegal. However, the movie industry began renting videos and the revenue stream from that made up for the few illegal copies of movies that people would make.

    It has been resurected in the digital age, because the copyright owner has lost one more level of protection. With analog recording, the copy was ALWAYS of a lesser quality than the original, so there was always some incentive to purchase a legal copy. However, with digital technolgy, a copy can be as good as the original, so there is less of a need for someone to purchase the original.

    It basically comes down to how big of a fish you are. If you are copying CDs to give to a few friends, it probably isn't worth the time nor the effort for a record label to hunt you down and prosecute you. When a factory in China starts pumping out 10,000 illegally copied CDs a day, well, then the record company has a bit more motivation to go after them.

    So, keep making copies for your friends...you are relatively safe from being prosecuted. But do realize that you ARE breaking the law...no matter how you interpret that paragraph of yours.
    We're all naked if you turn us inside out.
    -David Byrne
  4. #24  
    Originally posted by homer
    This is a west-coast phenomonem (sp?)
    Phenomenon! doot do da doo do
    The light at the end of your tunnel has been disconnected due to non-payment. Please remit funds immediately for restoration of hope.
  5. #25  
    now that I've finished reading through the replies ...

    Originally posted by bblue
    That is the little blurb from the AHRA (Audio Home Recording Act.)

    Notice the part about the RECORDING MEDIUM. Meaning, you're allowed to make a tape (even a DIGITAL TAPE! ) of a song, and distribute it to your friends for non-commercial uses.
    homer is very right on this one.

    The Audio Home Recording Act is intended to protect consumers from being sued for making copies, simply because they own a recording device; to protect manufacturers, sellers, and resellers from being sued for providing a recording device; and to allow the manufacture and sale of recording media for use with said devices.

    It has nothing to do with the duplication and redistribution of a copyrighted work for which you do not own, or have the license for, the copyright of.

    Copyright law exists to protect the rights of the copyright holder (usually the original creator, but those rights can be signed away and often are) to reproduce, distribute, make derivative works (sequels, etc). and publicly display (art show) or perform (concert, production of a play) the work.
    The reproduce and distribute part is what caused all of Napster's problems.

    There's also a thing called "Fair use." Fair use means I can make fun of someone else's work, within reason (such as in parody, like Saturday Night Live or Mad magazine); I can review it and use an excerpt as part of that review; I can quote from it, provided attribution is given; I can duplicate it (within reason; if the complete work, duplication permission is recommended) as part of an educational curriculum (for example, a handout); I can make copies of it for my own use but not for distribution.

    Copyright law is difficult, painful, and complicated.
    It boils down to this: if you did not create a work, license it, or purchase the rights to it, you are not legally able to do anything with it beyond your own personal use.
    It doesn't matter if you aren't making money from it.

    These sites may help you better understand what we mean:
    http://www.copyright.com/CopyrightResources/default.asp
    http://www4.law.cornell.edu/uscode/17/index.html


    In my own life, my brother and I frequently share books and CDs. From a CD I get from him, I might copy a couple of songs. Is this legal? No.
    The light at the end of your tunnel has been disconnected due to non-payment. Please remit funds immediately for restoration of hope.
  6. #26  
    bblue, thanks for removing question #1, I probably did take it out of context. That's the only thing I thought was out of line.
    As to your question on the Honda Civic,
    People tune the low priced imports just like they use to tune Model Ts. It's a question of personalizing your ride. People do tune the Ford Focus (although I question the sanity of spending money on that particular vehicle- Ford cars bomb in value very quickly on resell.) Grab a copy of Compact Sports Car and check it out. You will be shocked (and amazed!) at how much people are willing to spend on souping up their cars. Mad money. Some people like their cars to go faster, some like to make their cars look like they go faster.
    If you want an even more esoteric line, how about the people who spend $15,000 plus putting in a zillion watt stereo system in a $12,000 car or truck? I'm telling you that logic has no place in those decisions, it's all emotion!
    "I am a debtor both to Greeks and to Barbarians, both to the wise and to the foolish."
  7. #27  
    Originally posted by BobbyMike
    bblue, thanks for removing question #1, I probably did take it out of context. That's the only thing I thought was out of line.
    As to your question on the Honda Civic,
    People tune the low priced imports just like they use to tune Model Ts. It's a question of personalizing your ride. People do tune the Ford Focus (although I question the sanity of spending money on that particular vehicle- Ford cars bomb in value very quickly on resell.) Grab a copy of Compact Sports Car and check it out. You will be shocked (and amazed!) at how much people are willing to spend on souping up their cars. Mad money. Some people like their cars to go faster, some like to make their cars look like they go faster.
    If you want an even more esoteric line, how about the people who spend $15,000 plus putting in a zillion watt stereo system in a $12,000 car or truck? I'm telling you that logic has no place in those decisions, it's all emotion!
    But it's just plain stupid to put all of these acessoriies in a cheap car like a Civic. Why not spend the money that you are going to spend on the acessories otherplaces, like getting a REAL car? a 20,000 Civic, and maybe 15,000 on the "other" parts for it. For that much money you could have gotten a car that will actually perform well, and be respectable when compared to the POS Civic sportster.

    BEN
  8. #28  
    Why not spend the money that you are going to spend on the acessories otherplaces, like getting a REAL car?
    By putting the money into the cheaper car, they get to make it personalized. Purchasing a more expensive car outright doesn't offer the same personalization as the souped up car would.

    It's like people that buy models. You could just by the completed one, but the fun is in putting it together.
    We're all naked if you turn us inside out.
    -David Byrne
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