Re: [slim] US Supreme Court

2005-03-06 Thread T
Although Norway is not part of the EU, it is a part of EFTA
Anyways, to get access to the EU's inner marked, EFTA (and their
members) agreed to implement EU's laws and directives.
Interesting, as we (Switzerland) are also members of EFTA, but I haven't 
heard of Switzerland implementing such a law.

Tom
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Re: [slim] US Supreme Court

2005-03-06 Thread John L Fjellstad
On Sun, Mar 06, 2005 at 09:55:39AM +0100, T wrote:
 Although Norway is not part of the EU, it is a part of EFTA
 Anyways, to get access to the EU's inner marked, EFTA (and their
 members) agreed to implement EU's laws and directives.
 
 Interesting, as we (Switzerland) are also members of EFTA, but I haven't 
 heard of Switzerland implementing such a law.

You know, I made a mistake.  It's not EFTA, it's something called with
the acronym ES in Norway (not sure what it would be in English,
probably European Econonmic Cooperationsone?) Switzerland and Norway
is part of EFTA, but only Norway (and a couple of other countries) are
part of EEC(?).  As part of the EEC agreement, Norway promised to
implement all of EU's laws and directives.  From what I can gather,
Switzerland has recently agreed to a similar deal.

Interesting enough, so far, of the EU members, only Denmark and Sweden 
has implemented the directives into law, and they didn't have the format 
conversion as part of their law (as far as I can figure out).

-- 
John L. Fjellstad
web: http://www.fjellstad.org/  Quis custodiet ipsos custodes


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Re: [slim] US Supreme Court

2005-03-05 Thread John L Fjellstad
On Thu, Mar 03, 2005 at 02:57:35PM -0800, kdf wrote:
 
 There was a recent ruling in Europe (not sure if it was EU-wide) that has
 decided that copying from one format to another was illegal.  This means, if
 you buy a CD, you can only EVER copy it to another CD.  I got too annoyed
 before I could read the whole article in that case so I'm not sure if is was
 just intrduced, or final legislation.  To me, the very consideration of such a
 thing is just vile.

If we're thinking about the same thing, it was in Norway, and it
wasn't a ruling.  It's Norway's implementation of the EU's InfoSoc
directive.  Basically, as you mentioned, it will be illegal to convert
a media from one format to another, so your IPod can only be filled
with music you bought from an online store that was selling MP3 (or
whatever the formats the IPod supports).  No conversion to FLAC or WMA
or whatever your choice would be.  

Basically, it's Norway implementing an EU directive they had no say
in, that was put into EU law after great lobbying by the recording
industry.

-- 
John L. Fjellstad
web: http://www.fjellstad.org/  Quis custodiet ipsos custodes


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Re: [slim] US Supreme Court

2005-03-05 Thread kdf
Quoting John L Fjellstad [EMAIL PROTECTED]:

 On Thu, Mar 03, 2005 at 02:57:35PM -0800, kdf wrote:

  There was a recent ruling in Europe (not sure if it was EU-wide) that has
  decided that copying from one format to another was illegal.  This means,
 if
  you buy a CD, you can only EVER copy it to another CD.  I got too annoyed
  before I could read the whole article in that case so I'm not sure if is
 was
  just intrduced, or final legislation.  To me, the very consideration of
 such a
  thing is just vile.

 If we're thinking about the same thing, it was in Norway, and it
 wasn't a ruling.  It's Norway's implementation of the EU's InfoSoc
 directive.  Basically, as you mentioned, it will be illegal to convert
 a media from one format to another, so your IPod can only be filled
 with music you bought from an online store that was selling MP3 (or
 whatever the formats the IPod supports).  No conversion to FLAC or WMA
 or whatever your choice would be.

 Basically, it's Norway implementing an EU directive they had no say
 in, that was put into EU law after great lobbying by the recording
 industry.

Thanks, that's sounds right.  I wasn't having much luck trying to re-find the
article :)

-kdf
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Re: [slim] US Supreme Court

2005-03-05 Thread T
Basically, it's Norway implementing an EU directive they had no say
in, that was put into EU law after great lobbying by the recording
industry.
Of course they had no say in it, as they're not in the EU. 

But why did they implement it, and in such a manner?
Tom
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Re: [slim] US Supreme Court

2005-03-05 Thread John L Fjellstad
On Sat, Mar 05, 2005 at 10:12:35PM +0100, T wrote:
 
 Of course they had no say in it, as they're not in the EU. 
 
 But why did they implement it, and in such a manner?

Although Norway is not part of the EU, it is a part of EFTA (which is
kinda of a trade block, I guess. Haven't really looked into it).
Anyways, to get access to the EU's inner marked, EFTA (and their
members) agreed to implement EU's laws and directives.  Think of it
like taxation without representation.  EFTA used to be a little more
powerful, with members like Sweden, Denmark, UK, Portugal, but since
those countries joined the EU, we have tiny countries like Norway and
Lichtenstein left with no say (personally somewhat frustrated because
the No to EU side, basically forced this agreement through. Their
argument being that Norway could have all the benefits of EU
membership without actually being a member). Norway could object to
implementing directives they didn't like, but the EU would certainly
penalize any objections, and since the trade block is too small, in
reality, Norway at this moment has no say.

As to why it got implemented in that manner, who knows?  The law was
submitted by the Cultural Department as their interpretation of the
InfoSoc directive.

-- 
John L. Fjellstad
web: http://www.fjellstad.org/  Quis custodiet ipsos custodes


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Re: [slim] US Supreme Court

2005-03-04 Thread kdf
Quoting Johan Hübner [EMAIL PROTECTED]:

 kdf wrote:
 
  There was a recent ruling in Europe (not sure if it was EU-wide) that has
  decided that copying from one format to another was illegal.  This means,
 if
  you buy a CD, you can only EVER copy it to another CD.

 being a european lawyer I have not heard of that ruling, but I can
 assure you that it is not EU-wide. If you have a URL I would be
 delighted. I wouldn't be surprised if it was to be overturned if it was
 referred to the European Cour of Justice. '

thanks johan.  I really was going on memory, so I'll trust your information over
mine.  All I can really go on at this point in thank goodness for canadian
socialism.  We get raped with blank media fees, but at least we can actually
consider media that we purchase as 'owned', which is good considering that all
the advertising says own it today.  I think this could be a big class action
if we took this and interpreted it based on US laws.

sad thing is, this is only the beginning for a group of people who obviously
feel some lack of value in their lives.

canadian beef unsafe give me a freaking break

=kdf
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Re: [slim] US Supreme Court

2005-03-04 Thread Johan Hübner
kdf wrote:
Quoting Johan Hübner [EMAIL PROTECTED]:

kdf wrote:
There was a recent ruling in Europe (not sure if it was EU-wide) that has
decided that copying from one format to another was illegal.  This means,
if
you buy a CD, you can only EVER copy it to another CD.
being a european lawyer I have not heard of that ruling, but I can
assure you that it is not EU-wide. If you have a URL I would be
delighted. I wouldn't be surprised if it was to be overturned if it was
referred to the European Cour of Justice. '

thanks johan.  I really was going on memory, so I'll trust your information over
mine.  All I can really go on at this point in thank goodness for canadian
socialism.  We get raped with blank media fees, but at least we can actually
consider media that we purchase as 'owned', which is good considering that all
the advertising says own it today.  I think this could be a big class action
if we took this and interpreted it based on US laws.
sad thing is, this is only the beginning for a group of people who obviously
feel some lack of value in their lives.
canadian beef unsafe give me a freaking break
Well - your canadian socialism is probably rather slack compared to our 
swedisg :-). But something that needs to be remembered is that blank 
media charges (which are being introduced EU-wide, but embedded in the 
price of the media rather than added on-top at the time of the purchase 
which is the canadian method) is to compensate the copyright holders for 
legal copying, ie fair use (US  Ca) and statutory private copying (EU). 
It is quite often journalists muddle this up as being a charge to 
compensate for illegal copying.

But - as I said - copyright is as hot as ever in the European legal 
society and many believe it can help them walk on water in court 
proceedings. I wish we could sometime get back to the intention of 
copyright in the first place - top go give authors and other creators a 
fair compensation for their contribution to arts and culture and to give 
them a economic incentive to continue creating.

Personally I believe that copyright-enforcement is turning into a farce 
in the US and in EU.

/Johan
--
Johan Hübner --!!johan at hubner.se!!--
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Re: [slim] US Supreme Court

2005-03-04 Thread kdf
Quoting Johan Hübner [EMAIL PROTECTED]:

 kdf wrote:
  Quoting Johan Hübner [EMAIL PROTECTED]:
 
 
 kdf wrote:
 
 There was a recent ruling in Europe (not sure if it was EU-wide) that has
 decided that copying from one format to another was illegal.  This means,
 
 if
 
 you buy a CD, you can only EVER copy it to another CD.
 
 being a european lawyer I have not heard of that ruling, but I can
 assure you that it is not EU-wide. If you have a URL I would be
 delighted. I wouldn't be surprised if it was to be overturned if it was
 referred to the European Cour of Justice. '
 
 
  thanks johan.  I really was going on memory, so I'll trust your information
 over
  mine.  All I can really go on at this point in thank goodness for canadian
  socialism.  We get raped with blank media fees, but at least we can
 actually
  consider media that we purchase as 'owned', which is good considering that
 all
  the advertising says own it today.  I think this could be a big class
 action
  if we took this and interpreted it based on US laws.
 
  sad thing is, this is only the beginning for a group of people who
 obviously
  feel some lack of value in their lives.
 
  canadian beef unsafe give me a freaking break
 

 Well - your canadian socialism is probably rather slack compared to our
 swedisg :-). But something that needs to be remembered is that blank
 media charges (which are being introduced EU-wide, but embedded in the
 price of the media rather than added on-top at the time of the purchase
 which is the canadian method) is to compensate the copyright holders for
 legal copying, ie fair use (US  Ca) and statutory private copying (EU).
 It is quite often journalists muddle this up as being a charge to
 compensate for illegal copying.
)
yeah, we're all too busy legalising pot and getting hockey back to worry about
such things :) Still, the levy applied to CD's DVD's etc is not so bad.  I can
still purchase a spindle of 100 DVD for $59 CDN.  it was worrying when they
considered charging for media that would  be used in cameras, and for HD's that
were just  being purchased for pc's.  Then again, I guess our artists are
perhaps used to being poor (unless they file for US citizenship0

 But - as I said - copyright is as hot as ever in the European legal
 society and many believe it can help them walk on water in court
 proceedings. I wish we could sometime get back to the intention of
 copyright in the first place - top go give authors and other creators a
 fair compensation for their contribution to arts and culture and to give
 them a economic incentive to continue creating.

 Personally I believe that copyright-enforcement is turning into a farce
 in the US and in EU.

as a person who has to perform daily in order to meet demands, I just cant ever
support a 'royalty' sytem.  as an engineer, anyting I come up with as an ida
while I'm with my current compant is owned by that company.  why should I feel
sympathy for an artist who signs on with a label?

my feelings on p2p, is that its the same as it always was. We always traded mix
tapes.  some of us made them just to pass on in hopes of getting laid (come on,
admit it).  Computers and the digital age have mad so many things faster and
easier, so why not tape trading

why should the industry be able to say that they alone have the right to
benefit from the improvements in technology?

-kdf
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Re: [slim] US Supreme Court

2005-03-04 Thread Christian Pernegger
I've kept out of this thread until now because most people tend to view my 
views
as a little radical. But here's my cue.

as a person who has to perform daily in order to meet demands, [...]
A cinema ticket at one of the big movie-houses here costs 8-10 EUR.
The same movie on a DVD will set you back 20 EUR.
In the first case you hopefully get a big screen, nice sound, the cinema 
experience but only one showing - fine. But these are essentially canned 
goods that cost next to nothing to duplicate. About the only people working 
for the money are the cinema staff in the first case. The work's the same 
for the artists regardless of the number of DVDs or tickets sold.

A ticket at local theatres (as in live actorst) is 5-15 EUR (low end for 
students etc...)

Excuse me?? That money has to pay the theatre staff, the writer, a bunch of 
costumes and props people and most of all the actors who have to perform 
EVERY EVENING to earn their keep. But who cares, they're all subsidized 
anyway... /sarcasm

The price I have to pay for my entertainment has nothing to do with the work 
involved in the first place - so much for artist compensation.

Back to music: musicians who do classical stuff usually get paid for doing 
concerts (i. e. performing regularly) and CDs are sold mostly as an income 
supplement and a way to get an ensemble known. Sure, I don't think anybody 
ever got rich off doing classical but it sure hasn't vanished either.

For mainstream/pop music it seems to me like artists get to make one album 
per year, and maybe a tour every two. And for some reason I have the feeling 
those are not about music but rather about light shows.

In my eyes music is free in every sense of the word. When I buy a CD I don't 
pay for the music, I pay for a way to get the music to get from the artist 
to me. In other words, I pay for distribution. IIRC that's what record 
companies were created for in the first place.
The problem here is, distribution was a very costly enterprise (producing 
and distributing media, maintaining retail chains ...). Even then I didn't 
approve of the nation that artists should be able to live off CD sales. Now 
the distribution requirement has all but vanished - I'd much rather have a 
few .flac files encoded by the artists themselves than a CD. The price of 
these should cover the time needed to do the encode and bandwidth cost, but 
not more.

If they want to earn my money they're free to WORK and do an open-air in my 
general vincinity. Terribly sorry, but the value of something that can be 
reproduced for 50 cents is 50 cents.

C.
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Canada Re: [slim] US Supreme Court

2005-03-04 Thread Paul_Colley
That's not correct:  The media fees are not to compensate for fair use,
since by the definition of fair use, no money was owed.

The media fees compensate for copying onto blank media that would not
otherwise be legal.  This fee hasn't been addressed much in Canadian court
--- accept for the spectacular loss by the recording industry! --- but
reading lawyers' opinions on how it would likely be interpreted in court is
fascinating.

For instance, I can buy a CD, copy it onto a blank CD, keep the copy and
give you the original --- that's clearly legal in Canadian law, because the
media fee allows copying for personal use.

If I buy a CD, copy it, and give you the copy, that's probably not covered
under the media fee, because then *I* did the copy, but *you* are using it,
so the copy on the blank media wasn't for personal use.

If instead I buy the CD, hand it to you, you do the copy, and then you give
the original back to me, that's clearly legal.  It matters who does they
copying, even though the typical consumer wouldn't understand the
difference.   The end result is the same, but the process matters.

If I threw a brick through the window of the local CD outlet, stole a CD,
took it home and copied it onto a blank CD, the copy is legal and I have
good title to it...   but, of course, still face charges for the crimes I
committed acquiring the original.

None of the above are fair use; that's what the media fee compensates for,
copying that would otherwise not be legal.

You shouldn't say this compensates for illegal copying.  The clearer
statement is that the fee compensates for copying, to blank media, for
personal use, that would otherwise be illegal.   It's very important to
note that, having paid the fee, personal-use copying onto blank media is
legal.

So most copying of music in Canada is legal.   A notable exception would be
if you downloaded an MP3 over the net to your hard drive.   The fee has not
(yet) been collected on hard drives, and thus this downloaded copy is not
covered under this law.   Your only legal defense would be fair use, and
downloading the latest hit song to play without buying the CD is not fair
use.  You'd be screwed.   If you downloaded it and first burned it to CD,
then you could probably claim fair-use for the copy on your hard drive.
This has not been tested in court.

The fee is set based on studies of what percentage of blank media of each
type is used for recording songs, and how many songs get stored on each on
average.  It is completely disconnected from any other form of illegal
copying; for instance, the fee does not compensate content creators for
people who buy a CD, make 10,000 copies, and sell the copies; that wasn't
personal use, and it doesn't matter how much such activities cost the
creators of the music, it isn't part of what the fee is supposed to cover.

For another quirk of Canadian law:   If you buy an IPod, the fee is charged
on it (and it's a significant part of the purchase price).  If Apple were
to put a sample song on the IPod, it would be exempt from the fee, because
the fee only applies to media which has never had a recording on it.   But
if Apple did that, you could only copy music to your IPod as allowed under
fair use, a concept which is only defined by the courts, and there being no
court cases I know of dealing with MP3 recorders, who knows if you could
ever legally use your IPod?

Flip side:  Since an IPod bought in Canada is subject to the media fee, all
music the owner puts on it is legal, period.   It doesn't matter how you
got the music, if it's your IPod, and you are the one who put the music on
the IPod, it's legal.   Plus, the creator of the music gets paid for it.
No fuss, no muss.

In Canada.

(But make sure none of your friends adds music to your IPod when you're not
looking!)

If you buy a commercial cassette tape, and record over the music that came
on it with some other song, that copy is not legal.

The fee is not fair:  I paid it for years on blank CDs before I ever
recorded a song to one.  But I haven't been able to come up with a system
that is as simple and low-cost and unhackable.  It used to cost me a couple
of dollars a year unfairly, but hey, I wouldn't be a Canadian if I wasn't
paying taxes for things I didn't use :-).

I am not a lawyer; this is not legal advice.



- Message from Johan Hübner [EMAIL PROTECTED] on Fri, 04 Mar 2005
09:56:37 +0100 -
   
   To: Slim Devices Discussion discuss@lists.slimdevices.com 
   
  Subject: Re: [slim] US Supreme Court 
   



Well - your canadian socialism is probably rather slack compared to our
swedisg :-). But something that needs to be remembered is that blank
media charges (which are being introduced EU-wide, but embedded

Re: [slim] US Supreme Court

2005-03-04 Thread Aaron Zinck
I appreciate everyone's responses and am understanding the situation a bit
better now.  I do think it's time for the music industry to entirely
overhaul their cost and distribution structure to be more fair to the
artists and the consumers.

Something Christian wrote got me thinking and I wanted to respond:

Christian Pernegger wrote in message
 In the first case you hopefully get a big screen, nice sound, the cinema
 experience but only one showing - fine. But these are essentially canned
 goods that cost next to nothing to duplicate. About the only people
working
 for the money are the cinema staff in the first case. The work's the same
 for the artists regardless of the number of DVDs or tickets sold.

 A ticket at local theatres (as in live actorst) is 5-15 EUR (low end for
 students etc...)

 Excuse me?? That money has to pay the theatre staff, the writer, a bunch
of
 costumes and props people and most of all the actors who have to perform
 EVERY EVENING to earn their keep. But who cares, they're all subsidized
 anyway... /sarcasm

 The price I have to pay for my entertainment has nothing to do with the
work
 involved in the first place - so much for artist compensation.

This isn't true at all.  Certainly the one-time cost and the work that goes
into producing a high-quality movie is far greater than the amount that goes
into a play by a local theater even during the entire run of a show.  The
price you pay for the entertainment is proportional to the work involved:
if low quality movies were made then theaters would charge less to see them.
Conversely, if the price of going to the movie theater were lowered to
simply the cost of keeping the building up and paying the ushers then we
would see a bunch of crappy movies since no one could afford to make $150
million productions (ok, I know, spending more money on a movie doesn't
always mean it's going to be better...but still...).

 If they want to earn my money they're free to WORK and do an open-air in
my
 general vincinity. Terribly sorry, but the value of something that can be
 reproduced for 50 cents is 50 cents.

This makes no sense.  This totally disregards the value of any kind of
intellectual property.  Just because what artists (or even consider
scientists at pharmaceutical companies) create while doing their WORK
doesn't take a physical form doesn't mean it doesn't have value.  Would you
say that a 10 cent blank CD is equal in value to the same cd with music on
it?  I think not.  And how much in excess of 10 cents is to be determined by
the market.  And right now the market has settled on $10~$15.  New
technologies are changing things, but there still is value to the music.



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Re: [slim] US Supreme Court

2005-03-04 Thread Christian Pernegger
 The price I have to pay for my entertainment has nothing to do with
 the#12288;work#12288;involved in the first place - so much for artist 
compensation.

This isn't true at all.  Certainly the one-time cost and the work that goes
into producing a high-quality movie is far greater than the amount that 
goes
into a play by a local theater even during the entire run of a show.
Certainly more money gets burned in the production of a high-profile
Hollywood movie. I still think a movie actor should not earn the same
or more for starring in one movie than a theatre actor for an entire
season.
The price you pay for the entertainment is proportional to the work 
involved:
I don't think so, but that's just that - my opinion. At the very least, the 
price is
not proportional to the _creative_ work involved.

Sure it's more expensive to shoot a whole movie than run a small theatre
production perhaps - but is the acting really so different as to justify 
differences
in paychecks in the order of magnitudes?

[...] then we would see a bunch of crappy movies since no one could afford
to make $150 million productions [...]
See, that's exactly what I mean. $150 million for a two hour long 
entertainment
product. This whole thing has been blown out of proportion.

This makes no sense. This totally disregards the value of any kind of
intellectual property.
Got it in one. I said mine was a radical opinion. After a lot of 
deliberating on the
subject of intellectual property I've come to the conclusion that it is an
artificial construct that we'd better do without. Information, knowledge
just isn't something that can be owned.

consider scientists at pharmaceutical companies
IP in the sciences leads to the scientific results not being easily 
accessible
by the scientific community.

Would you say that a 10 cent blank CD is equal in value to the same cd
with music on it?
Ultimately, yes. There is a lot of value in music and arts, I just don't 
think
it is monetary value, necessarily.

When people get together and play music, they create, and what they
do has value, even monetary value if we they get someone to pay them
for the performance. Just the fact that we can make a recording and
duplicate it a million times does not change that value in my eyes.
I think not.  And how much in excess of 10 cents is to be determined by
the market.  And right now the market has settled on $10~$15.
It's the market that has settled on close to 0. What we have at the moment
is competition between downloaded music from p2p and music on a CD
Both are products, even if one is illegal by current standards. Nearly all 
new
CDs have DRM which makes .mp3s not only less expensive but more
comfortable and versatile to use.

I just hope the music labels will stop ligitating and try to compete... Free 
concert
ticket with the purchase of every album, exclusive artwork, excellent 
quality with-
out DRM, available from online shops that ship fast and cheaply. THAT would 
kill
the 'pirates'.

Case in point:
I like the Japanese duo Billy Ken, stumbled across them on a radio feed. Now 
I happen
to like having CDs so I venture over to amazon.jp to order. $25? Fine. $8 
shipping? Fine.
Copy protected!? No, thanks. I don't even have a CD player but keep 
everything
on a server and play via Squeezebox, computer and iAudio U2.

Enough rambling :)
C.
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Re: [slim] US Supreme Court

2005-03-03 Thread Aaron Zinck

Patrick Cosson wrote
 FYI...Slim Devices, along with other emerging technology companies,
 submitted an Amicus (friend of the court) Brief to the US Supreme Court in
 defense of the landmark 1984 Betamax ruling.

 Below you can find an articled from the Associated Press summarizing the
 case before the court.

 The brief can be downloaded from EFF's web site:
 * http://www.eff.org/ip/p2p/mgm_v_grokster/20050301_emerging_tech.pdf

 For more information about the case, visit:
 * http://www.eff.org/IP/P2P/MGM_v_Grokster/


 Patrick



I find this interesting, and while I'm not sure where I stand with respect
to this case (I don't know enough about it) I don't understand what
financial/business interest Slim Devices has in this case.  I'm no lawyer
and may be a bit dense about these types of things, but it seems as though
the case is about peer-to-peer file sharing--not DRM (which I could
understand having a direct impact on Slim's business).  Could someone
enlighten me as to why Slim has such an interest in this?  What's the big
picture here that I'm missing?

-Aaron



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Re: [slim] US Supreme Court

2005-03-03 Thread Michael Haan

Because it gets right to the question of whether or not technology can legally exist for making copies of copyrighted material.
From: "Aaron Zinck" [EMAIL PROTECTED]
Reply-To: Slim Devices Discussion discuss@lists.slimdevices.com
To: discuss@lists.slimdevices.com
Subject: Re: [slim] US Supreme Court
Date: Thu, 3 Mar 2005 17:28:19 -0500

"Patrick Cosson" wrote
  FYI...Slim Devices, along with other emerging technology companies,
  submitted an Amicus (friend of the court) Brief to the US Supreme Court in
  defense of the landmark 1984 Betamax ruling.
 
  Below you can find an articled from the Associated Press summarizing the
  case before the court.
 
  The brief can be downloaded from EFF's web site:
  * http://www.eff.org/ip/p2p/mgm_v_grokster/20050301_emerging_tech.pdf
 
  For more information about the case, visit:
  * http://www.eff.org/IP/P2P/MGM_v_Grokster/
 
 
  Patrick
 


I find this interesting, and while I'm not sure where I stand with respect
to this case (I don't know enough about it) I don't understand what
financial/business interest Slim Devices has in this case.I'm no lawyer
and may be a bit dense about these types of things, but it seems as though
the case is about peer-to-peer file sharing--not DRM (which I could
understand having a direct impact on Slim's business).Could someone
enlighten me as to why Slim has such an interest in this?What's the big
picture here that I'm missing?

-Aaron



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Re: [slim] US Supreme Court

2005-03-03 Thread kdf
Quoting Michael Haan [EMAIL PROTECTED]:


 Because it gets right to the question of whether or not technology can
 legally exist for making copies of copyrighted material.

it is also because they happen to care about fair use rights, beyond simple
selfish reasons.  Just think about it.  If the kinds of restrictions desires by
the record companies come into play, it will be illegal to copy CD's to your
hard drive even for personal use.  It will be illegal to resell your used CD's,
possibly even to copy to your mp3 player for jogging.

There was a recent ruling in Europe (not sure if it was EU-wide) that has
decided that copying from one format to another was illegal.  This means, if
you buy a CD, you can only EVER copy it to another CD.  I got too annoyed
before I could read the whole article in that case so I'm not sure if is was
just intrduced, or final legislation.  To me, the very consideration of such a
thing is just vile.

-kdf

 From: Aaron Zinck [EMAIL PROTECTED]
 Reply-To: Slim Devices Discussion discuss@lists.slimdevices.com
 To: discuss@lists.slimdevices.com
 Subject: Re: [slim] US Supreme Court
 Date: Thu, 3 Mar 2005 17:28:19 -0500
 
 Patrick Cosson wrote
   FYI...Slim Devices, along with other emerging technology companies,
   submitted an Amicus (friend of the court) Brief to the US Supreme Court
 in
   defense of the landmark 1984 Betamax ruling.
  
   Below you can find an articled from the Associated Press summarizing the
   case before the court.
  
   The brief can be downloaded from EFF's web site:
   * http://www.eff.org/ip/p2p/mgm_v_grokster/20050301_emerging_tech.pdf
  
   For more information about the case, visit:
   * http://www.eff.org/IP/P2P/MGM_v_Grokster/
  
  
   Patrick
  
 
 
 I find this interesting, and while I'm not sure where I stand with respect
 to this case (I don't know enough about it) I don't understand what
 financial/business interest Slim Devices has in this case.  I'm no lawyer
 and may be a bit dense about these types of things, but it seems as though
 the case is about peer-to-peer file sharing--not DRM (which I could
 understand having a direct impact on Slim's business).  Could someone
 enlighten me as to why Slim has such an interest in this?  What's the big
 picture here that I'm missing?
 
 -Aaron
 
 
 
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Re: [slim] US Supreme Court

2005-03-03 Thread Todd Fields

--- Aaron Zinck [EMAIL PROTECTED] wrote:


 I find this interesting, and while I'm not sure where I stand
 with respect
 to this case (I don't know enough about it) I don't understand
 what
 financial/business interest Slim Devices has in this case. 
 I'm no lawyer
 and may be a bit dense about these types of things, but it
 seems as though
 the case is about peer-to-peer file sharing--not DRM (which I

I'm no lawyer either or that familiar with the case but I would
imagine that if the Betamax ruling were overturned then it would
not only affect how you can use P2P software but how you use all
sorts of tecnology such as CD burners.  It's the Betamax case
that protects your rights to rip or copy your own music.

I'm certainly no angel when it comes to P2P and would be lying
if I said I didn't ever download stuff.  But it cracks me up
that these companies' even try to pretend that they created
their software for anything other than illegal file sharing (be
it music or other).  Sure there are legal uses for P2P and I
would hate to see a ruling against them, but if someone were to
try and sell me on the pretense that they were motivated by
anything other than the sight of the 50,000,000 users and
potential customers they saw orphaned by Napster I would be
insulted.  Of course, I realize they are trying to win a case so
they will base their case on merits by which they can win.

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RE: [slim] US Supreme Court

2005-03-03 Thread Jason

 I find this interesting, and while I'm not sure where I stand 
 with respect to this case (I don't know enough about it) I 
 don't understand what financial/business interest Slim 
 Devices has in this case.  I'm no lawyer and may be a bit 
 dense about these types of things, but it seems as though the 
 case is about peer-to-peer file sharing--not DRM (which I 
 could understand having a direct impact on Slim's business).  
 Could someone enlighten me as to why Slim has such an 
 interest in this?  What's the big picture here that I'm missing?
 
 -Aaron
 
 


Because companies like Slim could go out of business if a tighter law
required them to provide information on every song that a player has played,
serial numbers on players, new hardware designs being mandated to enable
such changes, etc, etc, etc.

It's a dominoes thing, if the Supreme Court sides with the RIAA and MPAA
then we are going to see some big changes happen very quickly in the
computer/software businesses.

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Re: [slim] US Supreme Court

2005-03-03 Thread Michael Peters
On Thu, 03 Mar 2005 17:55:09 -0600, Ben Klaas [EMAIL PROTECTED] wrote:
   But it cracks me up
   that these companies' even try to pretend that they created
   their software for anything other than illegal file sharing (be
   it music or other).
 
 I get new Linux distros from BitTorrent when they come out. Everything
 from the Mozilla foundation has a bittorrent link. So, there are
 definitely non-pirate applications that P2P is good for...

I have seen P2P used by university students who want to colaborate
with each other on a project and either don't have the technical know
how to set up a ftp/webdav/etc server, or don't want to go through the
paperwork to have university computer services do it for them.

They could colaborate by sharing files over aim or something - but
with P2P they just have to leave the computers on.

Personally I think a better solution is webDAV or ftp etc. but those
are more difficult to set up than a P2P app for the average person.

P2P has its place - I don't think it should be used to violate
copyright law, but it does have its legitimate uses.

-- 
http://mpeters.us/
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Re: [slim] US Supreme Court

2005-03-03 Thread Todd Fields

--- Michael Peters [EMAIL PROTECTED] wrote:

 On Thu, 03 Mar 2005 17:55:09 -0600, Ben Klaas
  I get new Linux distros from BitTorrent when they come out.
 Everything
  from the Mozilla foundation has a bittorrent link. So, there
 are
  definitely non-pirate applications that P2P is good for...
 
 I have seen P2P used by university students who want to
 colaborate
 with each other on a project and either don't have the

I'm referring to the defendents in this case, Kazaa, Morpheus,
etc., which were pretty much created to compete for all of the
music traders that were all of a sudden Napsterless.  I
certainly realize that P2P has it's useful legal applications. 
BitTorrent and its successors as well as hub based communities
such as Direct Connect may revolutionize data distribution.  I
use P2P myself (although I don't use Kazaa or other Gnuntella
networks, not because I'm high and mighty about the legal
aspects, but because I found it difficult to sift through the
crap to find quality stuff.)  Please don't misconstrue my
comments to be support for the RIAA's attempt to stop anything
that can transfer a file or pull music off of a disc.  I am very
bothered by the music industry's attempts to keep me from doing
what I want with the music I spend my hard earned cash on.

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