10-04-2007, 12:22 AM | #61 |
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When Napster first came out, it was big. And CD sales were up 6%. The RIAA went after Napster and got it shut down. Goodbye sales. Plus, raising prices also killed off a lot of sales. I remember when you could purchase CDs for $9.99. Now you pay $12.99-$16.99. That's stupid. You don't raise prices higher then the national average and expect to sell more.
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10-04-2007, 03:18 AM | #62 | |
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However, if you look at a group who are all into music - say the attendees of a music concert - and then compare the number of CDs bought between the file-sharers and non-file-sharers in that group then you might find that the file-sharers buy fewer CDs. Oh the joys of statistics, you can make them say whatever you want them to. |
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10-04-2007, 03:25 AM | #63 |
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Lies, damn lies and statistics
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10-04-2007, 08:31 AM | #64 | |
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Believe me, I'm well aware of the ways in which statistics can be misleading. (I'm taking an advanced research design class right now, and we're reviewing selection and sampling design flaws.)
The Harvard study results were more clear than I made them sound in my original post. See the details here: http://www.hno.harvard.edu/gazette/2...lesharing.html Quotes: Quote:
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10-04-2007, 08:33 AM | #65 |
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To all those bringing up Betamax. The DMCA makes it illegal to break any sort of encryption that protects copyright pretty much regardless of your reason for doing so. So if there is encryption, even trivial encryption, on your CD and you crack the encryption as part of the ripping process, it is a violation under the DMCA. This is true for ebooks with encryption as well.
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10-04-2007, 09:01 AM | #66 | ||
Ugly alien
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Ripping CDs in Canada
It is a little-known fact that ripping CDs is perfectly legal for private use in Canada.
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10-04-2007, 09:18 AM | #67 | |
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10-04-2007, 09:32 AM | #68 | |
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To legal theorists, custom often has precedence on positive law. In a case where custom permits a certain act, and where the law forbids it, we have to ask ourselves which of the two take precedence. For all intents, what really matters is which of the two will end up punishing or acquitting an individual who commits the act. Positive law has the courts at its disposal, but that doesn't at all mean we'll be prosecuted if the Crown attorney doesn't think it's appropriate to pursue the matter. "Dura lex sed lex" only applies when the courts are willing to hear the case. Highway rules are a good example. In Canada, the limit is generally 100km/h, but the cops won't stop you unless you're doing about 120. We could safely say that according to custom, driving at, say 105, is perfectly acceptable, and that positive law will not sanction this violation. In the case of copying CDs at home, we can conclude that custom overides positive law. I've never heard of a case in the USA where a person was prosecuted for copying CDs at home. So I would tend to disagree with Sony's lawyer when she says it's stealing. It may be contrary to the law, but it's not stealing. Only a narrow-minded minority of people would say that something is wrong because the law says so. There are, and have always been, discrepancies between the written law and the social reality. |
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10-04-2007, 09:35 AM | #69 | |
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That said... I have followed this subject very carefully, including a full semester graduate seminar on Copyright issues in the digital world (at CMU, led by Dr. Dave Farber). In the course of that seminar, we were told by a fair variety of quite eminent lawyers that the situation is as summarized above by HarryT (who is referring back to other posts including one of mine). Those eminent lawyers also said that this is their legal interpretation, that it seems like a good interpretation of the law, and that this interpretation has not yet been tested in court. Translating from legal-speak: "We think this is a solid interpretation of the law. So do lots of other eminent lawyers. It seems to be the general consensus of the legal community. One never knows what'll happen in front of a judge and jury." Xenophon P.S. Of course this is all based on U.S. law. Your mileage may vary, especially in other countries. |
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10-04-2007, 10:12 AM | #70 | |
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Last edited by Dan23; 10-04-2007 at 10:19 AM. |
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10-04-2007, 09:02 PM | #71 |
Retired & reading more!
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But always keep in mind, "That which is illegal for the individual is often common practice for nations." In fact the very nations in which the act is illegal.
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10-05-2007, 05:25 AM | #72 |
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Harry, I recommend you to read this free book about Intellectual Monopoly: http://www.dklevine.com/general/inte...againstnew.htm
Maybe it changes your mind. Best Steffen |
10-05-2007, 09:37 AM | #73 |
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Ughh, such a touchy subject... I already know where my moral ground stands, yet it's always interesting to see where everybody elses are. Many people quote what lawsa they know of regarding the legality/illegality of what they do, yet therein lies the problem; they only know the laws to support their claims and not the laws that may exist which rufute those laws, hence all the litigation. While many claim it's black and white, I'd have to argue there for various reasons, a) different countries have different laws, b) ambiguous wording in many laws (typically placed their to future-proof the ruling), c) there are many other laws/rulings around that you can have no way of knowing unless you spent the time researching the piles or rulings and judgments previously passed, and finally, d) if it is so black and white, why is there such arguement over it?
I still stick by my earlier statement regarding taping form the radio, I have never known it to be illegal to record from the radio for personal use the entire time I was growing up. Nobody in any of the 15 states I lived in within the U.S. ever complained or got arrested for recording a song off the radio. Why else would the darn boomboxes have the capability to record from off-the-air? I never heard of any companies bringing any litigation regarding this, it wasn't until the Internet & MP3's made it possible to spread CD-quality music so rapidly that things got so hairy and so many gray areas began to crop up. Oh yeah, a quick update... the RIAA recently won a claim against an individual for the spreading/sharing of 24 songs via Kazaa to the tune of $222,000! Not that they'll ever see that kind of action from a private citizen. Who knows, the ruling may be overturned when it goes back for appeal due to lack of proof. Link to Wired |
10-05-2007, 09:51 AM | #74 | |
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10-05-2007, 09:56 AM | #75 |
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Thanks for the update, that's quite a large library she had up. I also just finished reading the other thread you guys had going regarding this same court case, quite interesting. Regarding the suppliers, I wonder why they don't go after all the file sharing companies out there as well? I know they took down Napster, but now there's quite a few other pay-as-you-go file sharing services that are legitimate.
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