On 26/1/03 8:47 pm, "Charles Martin" <[EMAIL PROTECTED]> wrote:

>> From: "Gerald E. Uhlan" <[EMAIL PROTECTED]>
>> Now - if it is something that's out of print, how would
>> downloading/trading
>> on the net be any different than purchasing a used copy at a flea
>> market, if
>> you can't buy it in stores?
> 
> You bring up a fascinating point that really hasn't been touched on
> much in the discussion/debate over copyright. You might be surprised to
> hear it, but I agree with you that OOP material should probably be
> exempted from the current draconian state of copyright law.

Material continues to be subject to Copyright Law whether or not it is
available for purchase at any given time.

If I write some software, sell it, and then subsequently withdraw it from
sale, that does not mean that the software miraculously becomes freeware and
can be freely distributed (unless I specifically change its status).

All CDs and Vinyl records have specific restrictions on unauthorised copying
spelled out on both labels and sleeves. Withdrawal of CDs or LPs from sale
does not change those restrictions.

As far as the "used copy" argument is concerned, it is a red herring. You
are perfectly entitled to buy physical copies second hand as this activity
does not involve any illegal copying of the contents.

If you cannot purchase a piece of music because it has been withdrawn from
sale, and you cannot find a second-hand copy to purchase, then tough. Life's
like that sometimes. Downloading that material as an MP3 is piracy. That's
the current state of Copyright Law.

-- 
Steve



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