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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.  

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
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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.
Forums » New Ruling A Win Or Loss For RIAA?Penalties need to be changed »
« Why is this even a debate? RIAA wins, file sharers lose.  


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