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Forums » New Ruling A Win Or Loss For RIAA? » Can't Sue Simply For Making Files Available
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Penalties need to be changed »
« Why is this even a debate? RIAA wins, file sharers lose.  
8744675

join:2000-10-10
Decatur, GA

Can't Sue Simply For Making Files Available

Public libraries 'make available' hundreds of thousands of copyrighted works every day, including the music and movies of RIAA and MPAA members. If 'making available' copyrighted material becomes a crime, then every library will be violating the law.

SRFireside

join:2001-01-19
Houston, TX

Re: Can't Sue Simply For Making Files Available

Libraries are exempt from copyright infringement due to Fair Use. That analogy would never fly. The judge, however, does make an important precedent. If it sticks that means the end of the RIAA's lawsuit revenue.
jc100

join:2002-04-10

Re: Can't Sue Simply For Making Files Available

I think you are wrong on that one SR. Libraries are NOT allowed to make copies of items. If you check out a dvd or cd, it DOES NOT give you the right to copy it, even under fair use. Libraries have no special privileges. Have you ever seen the signs in libraries near the copiers saying you are responsible for the works you replicate? While it is highly unlikely an author is going to sue a college kid for making some copies of his or her book, I bet it could be done. Likewise, they could sue you if they found out you copied a library dvd or cd. While the Library has the right to make a legal backup, you don't since you aren't the owner. This ruling is good because it basically says, they have to prove that the material is illegally copied. It can't hold the library or anyone else responsible simply for making a piece of work available.

SRFireside

join:2001-01-19
Houston, TX

Re: Can't Sue Simply For Making Files Available

Libraries don't make copies of books and media and I never said they did. What I did say was libraries are exempt from copyright violations due to Fair Use. That includes schools. Anytime you are distributing or copying material for educational purposes it falls under fair use. I think the original poster was talking about the distribution part of that. Not duplication.
patcat88

join:2002-04-05
Jamaica, NY

Re: Can't Sue Simply For Making Files Available

Renting is a default right when buying music or books. Although I will expect soon that books will come with shrink wrap EULAs forbidding renting and that if the book's ownership is transfered the book must be relicensed or destroyed.
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
·AT&T U-Verse
·AT&T Southwest

said by SRFireside See Profile :

Libraries don't make copies of books and media and I never said they did. What I did say was libraries are exempt from copyright violations due to Fair Use. That includes schools. Anytime you are distributing or copying material for educational purposes it falls under fair use. I think the original poster was talking about the distribution part of that. Not duplication.
You are simply making this up. "Fair use" is not a blank check to distribute and copy any amount of material for educational purposes. There are pretty strong limitations on this. Please do some research before you post crap. For example see »copyright.lib.utexas.edu/clasguid.html

SRFireside

join:2001-01-19
Houston, TX

Re: Can't Sue Simply For Making Files Available

I don't see any differences in that link that do not support what I said. I never said you can go nuts copying and distributing for educational purposes. I only said they are exempt from normal copyright restrictions. This is what copyright law says:

Notwithstanding the provisions of sections § 106 and § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Don't get all worked up over semantics.
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
·AT&T U-Verse
·AT&T Southwest

said by 8744675 See Profile :

Public libraries 'make available' hundreds of thousands of copyrighted works every day, including the music and movies of RIAA and MPAA members. If 'making available' copyrighted material becomes a crime, then every library will be violating the law.
No, no, no. Libraries lend out authorized copies of copyrighted works, one at a time. Libraries are not taking copyrighted works, digitizing them into files, and then publishing them online for people to freely download their own digital copy -- which is exactly what peer-to-peer file-sharing systems do. There is no valid library analogy.

elios

join:2005-11-15
Springfield, MO

Re: Can't Sue Simply For Making Files Available

actuly the Library of Congress is doing just that now
ie making large parts of it available on line for free
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
·AT&T U-Verse
·AT&T Southwest

Re: Can't Sue Simply For Making Files Available

said by elios See Profile :

actuly the Library of Congress is doing just that now
ie making large parts of it available on line for free
No, they are not making copyrighted materials available online for free.

They have put their catalog online. They've also made certain materials available digitally, that don't have rights issues.

Their image catalog will show you thumbnails but you have to order and pay for true copies.
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« Why is this even a debate? RIAA wins, file sharers lose.  


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