Subject:
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Re: Copyright/Fair use question
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Sat, 9 Feb 2002 04:35:46 GMT
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Viewed:
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629 times
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In lugnet.off-topic.debate, Dave Schuler writes:
> Well, now that I got your basic point (see the top of my post!) I don't
> think we need to worry about loggerheads this time.
I didn't so much mean between you and I as between the music industry and
the rest of us.
> I may have misstated my precise point regarding one's own copies: I would
> guess, though I'm not sure, that "fair use" allows you to make copies for
> your own usage on any media platform you care to use--that's fine, as far as
> I'm concerned. But fair use (and this is my intended point) doesn't allow
> Person A to burn a copy for Person B just because Person B doesn't own the
> proper media platform and/or doesn't ever plan or want to buy the original.
> That's when it's theft.
Actually, I think you are still able to make the copy for the friend under
the Fair Use doctrine, but I'd have to research it further. Cursory
research on the internet tells me this is true.
Copyright infringement begins when you copy for a fee or otherwise damage
the commercial value of a thing. One can see how easy it is for matters to
get sticky when you consider the internet and P2P sharing. Then again, a
128 K MP3 doesn't seem like it reaches the level of commercial damage, while
a 320 K MP3 clearly does. Well, that's my opinion anyway...
> However, I agree completely that the music industry is hobbling itself and
> inspiring piracy due to the perceptions (right or wrong) that the industry
> is glutted with wealth and that it goes to unfair lengths to horde ever more
> money.
To be honest, I think there was a "Gotcha!" factor when CDs came out. Vinyl
sounded richer but had a white noise factor too. CDs sounded very clean --
but perhaps digital sound is almost too clean for certain kinds of sounds --
clean and soulless. Anyway, a lot of us spent at least some money
duplicating our vinyl on CD because of a convenience factor. I actually
spent some time without a turntable upon which to play my vinyl, so the CD
option seemed a ready solution in some instances. At some point one
realized that one had been duped into thinking that CDs were somehow better
-- that one had bought the same thing twice -- once on vinyl, once on CD.
Gotcha!
This gives rise to the belief that the music industry is driven to find not
just new music to interest a listener, although they obviously do this also
-- but that part of their profit scheme hinged on forcing users to new
formats every few years. These new formats held the promise that users
would replicate their existing collections in the newer format. Many
technologies have failed (minidiscs?) when they met consumer resistance, but
the industry has hitherto been in the driver seat. If one wanted the music,
one had to pay the price.
The MP3 format changed that -- now the record industry is scurrying around
like cockroaches when the lights go on, desperate to find a way to get back
in the driver seat. Frankly, I am not sure the consumer wants to hear it
this time...
> That brings up another point that I mentioned once before about the
> ridiculously artificial cost of music. A local record store has The Final
> Cut on CD for $19.99! Good grief! I mean, the album is 20 years old and
> wasn't that popular in the first place!
I suppose you are just being polite and not mentioning that 320 K versions
of this album are available via P2P? I think my vinyl copy is sufficient to
satisfy my having paid for the right to hear the music, thanks.
Off to WinMX, Bearshare, Morpheus, etc...
-- Hop-Frog
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Message is in Reply To:
 | | Re: Copyright/Fair use question
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| (...) Ding! I got it! In my broad-sighted way I was thinking only of the problems of the original copy, rather than the fair-use backups. (...) No, but I sometimes spin a CD on my finger and shine a laser pointer on it for the economical way to (...) (23 years ago, 8-Feb-02, to lugnet.off-topic.debate)
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