On 11/17/2011 06:10 PM, Butch Evans wrote: > On Thu, 2011-11-17 at 17:41 -0500, Fred Goldstein wrote: >> Some of these proposals create a presumption of guilt, the burden of >> proof to prove one's innocence. And some put more onus on the ISP >> than before, no small issue. The copyright lobby does not like the >> Internet at all. It breaks their artifact-based business model. > This is, unfortunately, one of the costs for ISPs who NAT their customer > traffic. When all users have a public IP (say, an IPv6 address), then > the problem of identifying thieves would be much simpler and can be > easily identified by the ISP AND law enforcement. > >> There's also a question of what constitutes "theft", vs. other >> copyright violations. Literal theft refers to rivalrous goods: If I >> steal the dish off of your tower, I have the dish, you >> don't. So-called theft of so-called intellectual property -- more >> accurately, simply the violation of copyright -- does not deprive the >> legitimate owner of their property, it merely deprives the seller of >> the *opportunity cost* of the sale that was not made. Which in most >> cases, frankly, would not have been made. > SO, if you owned a Ford dealership and I came onto your lot and used one > of your vehicles, it wouldn't be theft since I would never purchase that > car anyway? What a stupid argument. > >> So there's a real spread between true piracy and some of the casual >> copyright violations that are being called piracy. True piracy is the >> crook who counterfeits a CD and sells it as real, or sells a >> counterfeit software DVD-ROM as the real thing. > So downloading a movie without paying the author/owner (who IS selling > that movie) is not piracy? You really are as good as my first > impression of you lead me to believe. > >> But some of these copyright extremists want to put you in jail for >> having the radio on in a YouTube home movie (they've issued takedowns >> to "look at our toddler dance, isn't she cute" videos). Just to give >> an example, my son just had a college class (TV production) >> assignment to make a music video. So he had to take a copyrighted >> record and use it. (Hey, I was the star! We filmed at Occupy >> Boston.) In class, it's no doubt Fair Use, though I suspect the RIAA >> wishes that weren't the case. Is he a pirate if he posts it on >> YouTube? I think not, but the RIAA probably does. But somehow I >> don't equate that to the guys selling fake CDs to record store owners. > "Fair Use" is defined by the owner of the content. Note that "owner" is > NOT the person who purchased a CD. Fair Use is defined by law.
You are allowed to include excepts from a copyrighted work under fair use in a parody for example. You are also allowed to make copies of your analog purchased media under fair use and you are allowed to distribute them as you see fit as long as you don't charge for them under fair use. Despite common belief it is not clear black and white as to the rights on a CD. It is pretty well excepted that purchasing a CD and ripping it to MP3s and then posting them online for anyone to download is illegal, but there is grey area on me loaning you a CD and you making a copy of that CD for your personal use. Prior to DMCA it would have been legal, the DMCA which covers digital media however has vague wording when dealing with this case. A copyright holder can loosen their copyright as they see fit, but they cannot further restrict it. So for instance it would be possible for software writer to give their software away to certain people, but it would not be legal for them to further restrict software already sold. > >> In other words, intellectual property law is a confused mess already, >> and the proposals on the table just make it worse, and won't actualy >> help the industries they're trying to help. They're like ILECs, who >> harm ISPs because it's what they do, even if it costs them. The >> scorpion and the frog comes to mind. > Adding still more laws is that I said was a problem. Glad you had a > place to rant, though. -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
