06-23-2010, 02:14 PM | #46 |
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In Spain it's completely legal, and because of that you pay more when you buy a DVD, a DVD-Recorder, a hard disk or a scanner (even a phone with MP3 player).
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06-23-2010, 03:39 PM | #47 |
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06-23-2010, 03:43 PM | #48 | ||
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06-23-2010, 03:54 PM | #49 | |
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The EU allows these kind of private copies if there is a levy system in place to compensate authors. Currently in Holland the levy is only applied to empty CDR's and DVD's. But each country much choose: levy or forbid. |
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06-23-2010, 04:15 PM | #50 | |
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The way I read this is that it is allowed to collect copies in a `library', if not for commercial purposes, and second that the copies may be made available only for scientific purposes and not commercial. I think in the original case the copies were also made available for general purposes, not only for scientific ones. I think that makes a big difference. Unless you can convince a judge that reading a book is a scientific exercise. Maybe a good lawyer can convince the judge. |
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06-23-2010, 04:36 PM | #51 | |
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a void is a void if there is no law precisely forbidding something it is allowed analogous appliance of law is only allowed in favour of the deliquent, not against him. everything else would be against
(I'm pretty sure, that the common law contains these elemental principles as well, but since it is not my domain I will not comment on this - especially because it is of no importance for the case presented since the country in cuestion is not covered by the common law.) you have already proven your enormous ignorance as far distinguishing between differences in legal terminology by persisting on a theft definition for infridgement. the only thing you achieve with such unreflected and uninformed postings is:
Last edited by Freeshadow; 06-23-2010 at 04:38 PM. Reason: typo |
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06-23-2010, 05:09 PM | #52 | |
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Your understanding of the copyright law is wrong. They allow only certain uses of covered property. You've got the concept exactly backwards. |
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06-23-2010, 05:17 PM | #53 | |
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The law was clearly introduced with a noble aim: to make it easier for real libraries to do their job of preserving cultural heritage without having to waste money tracking down authors who have abandoned their work. But it's very difficult to get the formulation right so that it can't be abused. We've seen several efforts fail in the US and other European countries. One obvious deficit here is that the clauses don't contain any language relating to the distribution of the copies (apart from 'giving access'). |
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06-23-2010, 05:17 PM | #54 |
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Freeshadow (and any other Member who may be on the attack):
Refrain from personal verbal attacks and insults. It is uncalled for. Read our POSTING GUIDELINES if you have any questions. Don (Moderator) Last edited by Dr. Drib; 06-23-2010 at 05:19 PM. |
06-23-2010, 05:38 PM | #55 | |||
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06-23-2010, 08:56 PM | #56 | |
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let the liking of this fact aside, due to the quoted human rights convention you can use any void until the legislative closes it. the iudicative cannot make anything about that, and as therisa also stated the legislation processes are usually slower than technical development. (and this is not only in spain a matter of fact) I admit it might be not intended but this is how legislative systems work. Last edited by Freeshadow; 06-23-2010 at 08:58 PM. |
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06-23-2010, 09:13 PM | #57 |
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@LCF
This is a sad case you are describing, but not surprising. There was a popular site in Greece, nothing to do with books, that was accused of pandering. The accusations were false, but that was for the court to decide. The first step of the police was to confiscate all the servers, and detain the webmaster. The webmaster is now free, but his whole computer equipment is still in the hands of the police, two years later. The trial has been postponed two times already. Why I bring all this up: Is it maybe the case that the police has to act on any accusation, and then await trial? I would think the opposite would make more sense, but maybe not in urgent or dangerous situations. If that's the case, maybe the impromptu library will be found not guilty in the end. What is certain is that there is still regrettably a huge void in the law about everything to do with the digital world, and sometimes even the police or the courts are at a loss on how to tackle the issues that arise. |
06-23-2010, 09:23 PM | #58 | |
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Yes, the digital age has thrown many laws for a loop, particularly the intellectual property laws. Unfortunately it may be some time (if ever) until it is in better shape to protect the authors while still allowing proper access to their work. The situation described in the O.P. is just one more example of what is taking place in this brave new world and what is necessary to bring the laws, the creators, publishers, sellers, etc. into it. |
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06-23-2010, 09:39 PM | #59 |
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this is a pre- digital problem its about tech development in general and not copyeight specific.btw, it happens all the time.
just because now it happens more often due to exponential speeding up of tech-development people outside legislation realize it actually just to take an quite older example: germany needed a special sub § in the poenal codex to get what a layman would call "electricity theft" poenalized. it was not covered by the common theft, since electricity is uncorporeal... etc., pp. |
06-24-2010, 12:33 AM | #60 | |
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books, borisov, bulgaria, burning, copyright |
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