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Eric Beck wrote:
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> getting these e-mails! PLEASE REMOVE ME!
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> 
> On Jul 2, 2008, at 3:25 PM, [EMAIL PROTECTED] wrote:
> 
>> Send Discuss mailing list submissions to
>>      [email protected]
>>
>> To subscribe or unsubscribe via the World Wide Web, visit
>>      http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>> or, via email, send a message with subject or body 'help' to
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>> When replying, please edit your Subject line so it is more specific
>> than "Re: Contents of Discuss digest..."
>>
>>
>> Today's Topics:
>>
>>    1. Re: New Girl Talk (Elizabeth Stark)
>>    2. Re: New Girl Talk (Fred Benenson)
>>    3. Re: New Girl Talk (Elizabeth Stark)
>>    4. Re: New Girl Talk (Brian Rowe)
>>    5. Re: New Girl Talk (Elizabeth Stark)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Wed, 2 Jul 2008 17:50:35 -0400
>> From: "Elizabeth Stark" <[EMAIL PROTECTED]>
>> Subject: Re: [FC-discuss] New Girl Talk
>> To: "Discussion of Free Culture in general and this organization in
>>      particular" <[email protected]>
>> Message-ID:
>>      <[EMAIL PROTECTED]>
>> Content-Type: text/plain; charset="iso-8859-1"
>>
>> Hmm..if people remix GT's "CC" album and also get sued, now that  
>> would be a
>> case...
>>
>> On Wed, Jul 2, 2008 at 5:35 PM, Fred Benenson  
>> <[EMAIL PROTECTED]>
>> wrote:
>>
>>> Feel free not to download the album, or download it and not pay  
>>> for it.
>>>
>>>
>>> On Wed, Jul 2, 2008 at 5:32 PM, Rob Myers <[EMAIL PROTECTED]> wrote:
>>>
>>>> Elizabeth Stark wrote:
>>>>> Yup, super sketchy b/c you can't separate those elements out  
>>>>> from the
>>>>> infringing work itself.
>>>> NC-ing appropriation art is, on balance, a bit of a fail.
>>>>
>>>> http://robmyers.org/weblog/2006/03/26/sampling-artists-and-nc/
>>>>
>>>> And it doesn't explain the situation to consumers, who will  
>>>> assume that
>>>> the license means that they can't be hassled over posessing an
>>>> infringing work.
>>>>
>>>> - Rob.
>>>> _______________________________________________
>>>> Discuss mailing list
>>>> [email protected]
>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>
>>>
>>> _______________________________________________
>>> Discuss mailing list
>>> [email protected]
>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>
>>>
>> -------------- next part --------------
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>>
>> ------------------------------
>>
>> Message: 2
>> Date: Wed, 2 Jul 2008 17:51:28 -0400
>> From: "Fred Benenson" <[EMAIL PROTECTED]>
>> Subject: Re: [FC-discuss] New Girl Talk
>> To: "Discussion of Free Culture in general and this organization in
>>      particular" <[email protected]>
>> Message-ID:
>>      <[EMAIL PROTECTED]>
>> Content-Type: text/plain; charset="iso-8859-1"
>>
>> I assume you mean sued by the original samplee, not GT
>>
>> On Wed, Jul 2, 2008 at 5:50 PM, Elizabeth Stark <[EMAIL PROTECTED]>  
>> wrote:
>>
>>> Hmm..if people remix GT's "CC" album and also get sued, now that  
>>> would be a
>>> case...
>>>
>>>
>>> On Wed, Jul 2, 2008 at 5:35 PM, Fred Benenson  
>>> <[EMAIL PROTECTED]>
>>> wrote:
>>>
>>>> Feel free not to download the album, or download it and not pay  
>>>> for it.
>>>>
>>>>
>>>> On Wed, Jul 2, 2008 at 5:32 PM, Rob Myers <[EMAIL PROTECTED]> wrote:
>>>>
>>>>> Elizabeth Stark wrote:
>>>>>> Yup, super sketchy b/c you can't separate those elements out  
>>>>>> from the
>>>>>> infringing work itself.
>>>>> NC-ing appropriation art is, on balance, a bit of a fail.
>>>>>
>>>>> http://robmyers.org/weblog/2006/03/26/sampling-artists-and-nc/
>>>>>
>>>>> And it doesn't explain the situation to consumers, who will  
>>>>> assume that
>>>>> the license means that they can't be hassled over posessing an
>>>>> infringing work.
>>>>>
>>>>> - Rob.
>>>>> _______________________________________________
>>>>> Discuss mailing list
>>>>> [email protected]
>>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>>
>>>>
>>>> _______________________________________________
>>>> Discuss mailing list
>>>> [email protected]
>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>
>>>>
>>> _______________________________________________
>>> Discuss mailing list
>>> [email protected]
>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>
>>>
>> -------------- next part --------------
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>>
>> ------------------------------
>>
>> Message: 3
>> Date: Wed, 2 Jul 2008 17:52:53 -0400
>> From: "Elizabeth Stark" <[EMAIL PROTECTED]>
>> Subject: Re: [FC-discuss] New Girl Talk
>> To: "Discussion of Free Culture in general and this organization in
>>      particular" <[email protected]>
>> Message-ID:
>>      <[EMAIL PROTECTED]>
>> Content-Type: text/plain; charset="iso-8859-1"
>>
>> Exactly.
>>
>> On Wed, Jul 2, 2008 at 5:51 PM, Fred Benenson  
>> <[EMAIL PROTECTED]>
>> wrote:
>>
>>> I assume you mean sued by the original samplee, not GT
>>>
>>>
>>> On Wed, Jul 2, 2008 at 5:50 PM, Elizabeth Stark  
>>> <[EMAIL PROTECTED]> wrote:
>>>
>>>> Hmm..if people remix GT's "CC" album and also get sued, now that  
>>>> would be
>>>> a case...
>>>>
>>>>
>>>> On Wed, Jul 2, 2008 at 5:35 PM, Fred Benenson  
>>>> <[EMAIL PROTECTED]>
>>>> wrote:
>>>>
>>>>> Feel free not to download the album, or download it and not pay  
>>>>> for it.
>>>>>
>>>>>
>>>>> On Wed, Jul 2, 2008 at 5:32 PM, Rob Myers <[EMAIL PROTECTED]> wrote:
>>>>>
>>>>>> Elizabeth Stark wrote:
>>>>>>> Yup, super sketchy b/c you can't separate those elements out  
>>>>>>> from the
>>>>>>> infringing work itself.
>>>>>> NC-ing appropriation art is, on balance, a bit of a fail.
>>>>>>
>>>>>> http://robmyers.org/weblog/2006/03/26/sampling-artists-and-nc/
>>>>>>
>>>>>> And it doesn't explain the situation to consumers, who will  
>>>>>> assume that
>>>>>> the license means that they can't be hassled over posessing an
>>>>>> infringing work.
>>>>>>
>>>>>> - Rob.
>>>>>> _______________________________________________
>>>>>> Discuss mailing list
>>>>>> [email protected]
>>>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> Discuss mailing list
>>>>> [email protected]
>>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>>
>>>>>
>>>> _______________________________________________
>>>> Discuss mailing list
>>>> [email protected]
>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>
>>>>
>>> _______________________________________________
>>> Discuss mailing list
>>> [email protected]
>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>
>>>
>> -------------- next part --------------
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>>
>> ------------------------------
>>
>> Message: 4
>> Date: Wed, 2 Jul 2008 15:21:55 -0700
>> From: "Brian Rowe" <[EMAIL PROTECTED]>
>> Subject: Re: [FC-discuss] New Girl Talk
>> To: "Discussion of Free Culture in general and this organization in
>>      particular" <[email protected]>
>> Message-ID:
>>      <[EMAIL PROTECTED]>
>> Content-Type: text/plain; charset="iso-8859-1"
>>
>> I am willing to donate to the GT legal defense fund.
>>
>> Fair use is tough defense especially when the work is used  
>> commercially and
>> the work is not a direct parody. I am also not sure one can have a  
>> copyright
>> interest in an unauthorized derivative work.  The legal questions are
>> fascinating and their is a need to enable this type of creative  
>> work either
>> through legislation or better fair use precedents.
>>
>> The album is great!
>>
>> Brian
>>
>> On Wed, Jul 2, 2008 at 2:50 PM, Elizabeth Stark <[EMAIL PROTECTED]>  
>> wrote:
>>
>>> Hmm..if people remix GT's "CC" album and also get sued, now that  
>>> would be a
>>> case...
>>>
>>>
>>> On Wed, Jul 2, 2008 at 5:35 PM, Fred Benenson  
>>> <[EMAIL PROTECTED]>
>>> wrote:
>>>
>>>> Feel free not to download the album, or download it and not pay  
>>>> for it.
>>>>
>>>>
>>>> On Wed, Jul 2, 2008 at 5:32 PM, Rob Myers <[EMAIL PROTECTED]> wrote:
>>>>
>>>>> Elizabeth Stark wrote:
>>>>>> Yup, super sketchy b/c you can't separate those elements out  
>>>>>> from the
>>>>>> infringing work itself.
>>>>> NC-ing appropriation art is, on balance, a bit of a fail.
>>>>>
>>>>> http://robmyers.org/weblog/2006/03/26/sampling-artists-and-nc/
>>>>>
>>>>> And it doesn't explain the situation to consumers, who will  
>>>>> assume that
>>>>> the license means that they can't be hassled over posessing an
>>>>> infringing work.
>>>>>
>>>>> - Rob.
>>>>> _______________________________________________
>>>>> Discuss mailing list
>>>>> [email protected]
>>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>>
>>>>
>>>> _______________________________________________
>>>> Discuss mailing list
>>>> [email protected]
>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>
>>>>
>>> _______________________________________________
>>> Discuss mailing list
>>> [email protected]
>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>
>>>
>>
>> -- 
>> Brian Rowe
>> Freedom for IP
>> (206) 335-8577 (Cell)
>>
>> Access To Justice Technology Principles
>> www.ATJWeb.org
>>
>> Freedom for IP
>> www.FreedomforIP.org
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
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>>
>> ------------------------------
>>
>> Message: 5
>> Date: Wed, 2 Jul 2008 18:25:08 -0400
>> From: "Elizabeth Stark" <[EMAIL PROTECTED]>
>> Subject: Re: [FC-discuss] New Girl Talk
>> To: "Discussion of Free Culture in general and this organization in
>>      particular" <[email protected]>
>> Message-ID:
>>      <[EMAIL PROTECTED]>
>> Content-Type: text/plain; charset="iso-8859-1"
>>
>>> I am also not sure one can have a copyright interest in an  
>>> unauthorized
>>> derivative work.
>>
>> Yeah, the caselaw that I recall says that you don't..although we have
>> discussed hypotheticals in law school where when the infringing  
>> part is so
>> separate from the rest of the work that there may still be a  
>> copyright in
>> the rest of it (imagine a 3 second sample once during a 10 minute  
>> song.)
>> This is not the case here.
>>
>> But what that means is GT has no copyright of his own. Fascinating..
>>
>> On Wed, Jul 2, 2008 at 6:21 PM, Brian Rowe <[EMAIL PROTECTED]>  
>> wrote:
>>
>>> I am willing to donate to the GT legal defense fund.
>>>
>>> Fair use is tough defense especially when the work is used  
>>> commercially and
>>> the work is not a direct parody. I am also not sure one can have a  
>>> copyright
>>> interest in an unauthorized derivative work.  The legal questions are
>>> fascinating and their is a need to enable this type of creative  
>>> work either
>>> through legislation or better fair use precedents.
>>>
>>> The album is great!
>>>
>>> Brian
>>>
>>> On Wed, Jul 2, 2008 at 2:50 PM, Elizabeth Stark  
>>> <[EMAIL PROTECTED]> wrote:
>>>
>>>> Hmm..if people remix GT's "CC" album and also get sued, now that  
>>>> would be
>>>> a case...
>>>>
>>>>
>>>> On Wed, Jul 2, 2008 at 5:35 PM, Fred Benenson  
>>>> <[EMAIL PROTECTED]>
>>>> wrote:
>>>>
>>>>> Feel free not to download the album, or download it and not pay  
>>>>> for it.
>>>>>
>>>>>
>>>>> On Wed, Jul 2, 2008 at 5:32 PM, Rob Myers <[EMAIL PROTECTED]> wrote:
>>>>>
>>>>>> Elizabeth Stark wrote:
>>>>>>> Yup, super sketchy b/c you can't separate those elements out  
>>>>>>> from the
>>>>>>> infringing work itself.
>>>>>> NC-ing appropriation art is, on balance, a bit of a fail.
>>>>>>
>>>>>> http://robmyers.org/weblog/2006/03/26/sampling-artists-and-nc/
>>>>>>
>>>>>> And it doesn't explain the situation to consumers, who will  
>>>>>> assume that
>>>>>> the license means that they can't be hassled over posessing an
>>>>>> infringing work.
>>>>>>
>>>>>> - Rob.
>>>>>> _______________________________________________
>>>>>> Discuss mailing list
>>>>>> [email protected]
>>>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> Discuss mailing list
>>>>> [email protected]
>>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>>
>>>>>
>>>> _______________________________________________
>>>> Discuss mailing list
>>>> [email protected]
>>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>>
>>>>
>>>
>>> --
>>> Brian Rowe
>>> Freedom for IP
>>> (206) 335-8577 (Cell)
>>>
>>> Access To Justice Technology Principles
>>> www.ATJWeb.org
>>>
>>> Freedom for IP
>>> www.FreedomforIP.org
>>> _______________________________________________
>>> Discuss mailing list
>>> [email protected]
>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>>
>>>
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>> ------------------------------
>>
>> _______________________________________________
>> Discuss mailing list
>> [email protected]
>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>>
>>
>> End of Discuss Digest, Vol 19, Issue 3
>> **************************************
> 
> _______________________________________________
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