At 01:38 AM 7/03/03 -0500, Gregory S. DeLozier  wrote:
>
>1. The personal use exemption is overstated. If I go to the movies and
>videotape the film _for_my_personal_use_ (I want to watch it again
>later), too bad. That's clearly a violation.

Actually, it's not, under copyright laws, not until you publish and
redistribute it. But in many places new laws have been made that do make
this specifically illegal. People are free to record music at live concerts
(though the management are free to eject them if they don't like it);
giving away or selling copies would not be; you're free to photograph
pictures at an art gallery (though again the guards may eject you) .  

>2. The courts are allowed broad interpretation in fair use. Suppose they
>decide you're playing the song in your head to entertain yourself. What
>then? If recalling it gives you pleasure, doesn't Disney deserve
>compensation for the value you continue to obtain?

Copyright isn't about the owners of IP being "compensated for the value you
continue to obtain". It's about publishing -- making and distributing
copies. However, content owners are pushing very hard to change this to a
per-use or leasing model. Thus pay a fee every time you play a CD, watch a
movie, or your player will refuse to work.
 
>Honest.
>If Apple chooses some mechanism to enforce licensing, and someone else
>renders that mechanism useless, perhaps they should choose a better one.

That recalls the Sklyarov case (see <http://www.freesklyarov.org/>), where
his company sold a simple app that circumvented Adobe's (pathetically
simple) protection of PDF files. He was found not guilty, but was jailed
for 3 weeks and not allowed to return home (to Russia) for months in the
meantime.


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