On Aug 10, 2010, at 1:20 PM, Tim Schofield wrote:
Recording the radio station for your own use is "fair use".
Re-broadcasting it is not. It really is that simple.
Why not? I get something that is "already" offered for "free" on the
airwaves. Anybody who wants to access it can as long as they own a
radio. The IP issues are between the original broadcasters and the
performers. All I have done is get what they broadcast on the
airwaves, unprotected, unencrypted for free to all who would want to
listen, and stored it and made it available to other people using a
different medium and allowed those who would like to access the same
content at a later date to actually access this content.
Should NASA sue all those people who show clips of Armstrong on the
moon saying "one small step for a man and one giant step for mankind"
for IP violation? They broadcast it for free to everyone. Some chose
to record and make it available later. The fact that it was free at
the time makes it a moot point. Unless you're trying to say it is only
for free to a particular group of people listening at a particular time.
I know I am an outsider and you are all trying to back up Badru, but
face it your position is not tenable. What he is doing is just plain
wrong. You can use semantics such as "grey area" "archiving" "cloning"
but at the end of the day,
"he has taken something that doesnt belong to him without the
permission of the owner".
This has nothing to do with being an "outsider". Having been on this
list long enough you have surely seen us (me in particular) have
differences of opinion with Badru, James and others whenever I didn't
agree with their stand on an issue. I
I have repeated the above endless times on this thread and nobody has
been able to challenge that statement. anybody care to give it a go?
I think I have actually challenged that statement unless we simply are
speaking on different wavelengths. If I were to get a recording of a
musician, add my own stuff and then give away my recording for free at
the taxi park, someone who then gets my recording and stores it and
later shares it with others is not in the wrong. Because he will have
taken the recording with the assumption that I have an arrangement
with the musician in question and that that musician in question was
aware that I was going to do a free for all broadcast of his music. If
I did not actually work out something, the IP issues are on me not the
person who got my free broadcast in good faith and stored it for later
distribution. Again the issue of IP in this case is between the radio
station that made the broadcast in the first place and the artists.
The archive provider can't be accused of stealing what was provided
free of charge in the first place.
Noah.
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