02-21-2010, 01:08 PM | #46 | ||
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I own plenty of physical books I don't have receipts for; I'm not expected to prove I didn't steal those. I'm not willing to accept that I have to produce evidence that I didn't illegally acquire my ebooks. |
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02-22-2010, 07:25 AM | #47 |
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02-22-2010, 07:28 AM | #48 |
The Dank Side of the Moon
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02-22-2010, 07:42 AM | #49 |
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02-22-2010, 07:51 AM | #50 |
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02-22-2010, 08:05 AM | #51 |
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Sorry, kennyc, it is the law under DMCA. That's what 'notice and takedown' is. And if ACTA gets through, if three anybodies accuse you (generic you, not personal) you lose your internet access. No court, no proof, just accusations.
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02-22-2010, 08:15 AM | #52 | |
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Just like copyright. You can claim a violation, but it has to be proven in court. From wikipedia: Criticisms Takedown Notice The DMCA has been criticized for making it too easy for copyright owners to encourage website owners to take down allegedly infringing content and links which may in fact not be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place, because if the potentially infringing content is taken down the website will not be held liable. The Electronic Frontier Foundation senior IP attorney Fred von Lohmann has said this is one of the problems with the DMCA.[15] Google asserted misuse of the DMCA in a filing concerning New Zealand's copyright act,[16] quoting results from a 2005 study by Californian academics Laura Quilter and Jennifer Urban based on data from the Chilling Effects clearinghouse.[17] Takedown notices targeting a competing business made up over half (57%) of the notices Google has received, the company said, and more than one-third (37%), "were not valid copyright claims."[18] Last edited by kennyc; 02-22-2010 at 08:21 AM. |
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02-22-2010, 08:36 AM | #53 |
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Well, except that under the ACTA provisions it doesn't. Three accusations (not proven cases, accusations, no court, judge, or lawyer required) and your ISP is legally bound to sever your connection. Presumption of innocence need not apply.
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02-22-2010, 08:59 AM | #54 | |
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BYW why is it you are SO argumentative? It's like anything anyone says, you just want to argue? |
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02-22-2010, 09:25 AM | #55 |
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02-22-2010, 09:40 AM | #56 |
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That's point exactly, by refusing they have not broken the law, only by going to court can it be determined. Law isn't about could's
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02-22-2010, 10:06 AM | #57 | |
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And I quite agree, the law isn't (or at least shouldn't be) about coulds, but about dids. My concern is that that important distinction has been being steadily eroded for the past thirty years, on a variety of pretexts of which "protection of intellectual property rights" is only the most recent. |
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02-22-2010, 10:12 AM | #58 | |
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02-24-2010, 05:47 PM | #59 |
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As far as First Purchase doctrine and software goes, I believe the courts generally rule in favor of the consumer as the 'license concept' that the software industry practices is actually in violation of several portions of the Clayton act (I'm all new to this so I could be wrong in my understanding), where basically that license has to be agreed to "post purchase", ie: AFTER you've given your money for the software, you're then presented with the EULA. If the EULA was made available AT THE TIME OF PURCHASE then it would work more towards, "No they're not buying a copy, they're purchasing a license..." argument. Also, considering that we purchase software with the understanding that the package we've purchased is ours for as long as we want it, ie: there's no expectation to return it to the software company it came from at any time, again, it makes the software a purchased item, not a licensed item.
Now when it comes to the question of DRM'd works like eBooks, movies, and songs and such. I think the only legal question would be is can you break the DRM, and sell/rent/trade/give away a non-DRM'd version even if you've destroyed/deleted the original DRM version. I understand that legally you do whatever the heck you want with the copy of the work you purchased for your own use as long as it doesn't some how violate copy right law (like maybe taking a book and painting the entire text on the exterior of your house such that anyone walking by could read the book, an extreme example but I think you'll get it). So I think the sticking point will be, when you sell/rent/trade/give away a purchased work it had better be as damn near possible to original purchase condition (excepting standard wear and tear) as possible otherwise you may have legal issue. This is why this is actually so different from software/music/movies that we purchase. If the function of the DRM embedded in the package you purchased said work makes it impossible to transfer unaltered, well, tough crap. That's what you purchased. There is a potential with DRM on print items to make the work unreadable other than on the device the work was originally purchased to work with. Due to how software/music/movie CD and DVD's and their respective players are constructed, it's not really feasable to alter the media/content after the fact so that it only plays in the player it was originally used in. I can buy a DVD that was rented to 50 different people and it will still play in my DVD player, unaltered. With a DRM'd book, that's not always possible without altering the file you purchased. |
02-24-2010, 06:36 PM | #60 |
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When it comes to digital media the various concerned industries have attempted to practice an aggressive "Guilty, and you shall hang by the neck until you are dead, Dead, DEAD!" kind of attitude (as seen by 7 year old little girls and 65 year old grandmothers being dragged into court by the RIAA for downloading one or two songs).
Something does need to be done to address the extreme aggressiveness, but one can only pity the industries. The digital genie is out of the bottle. Anything transmitted digitally can be copied and distributed relatively quickly, cheaply, and easily, with zero degradation. Effectively the march of technology has screwed their stranglehold, the only thing they can do is attempt to make it a crime with such dire consequences that no one dare copy anything for fear of losing one's ability to reproduce, or try and make it a "moral crime". I like Al Yankovich's song that satires the situation, "Don't Download this Song": http://www.youtube.com/watch?v=zGM8PT1eAvY |
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