 w0go.O
join:2001-08-30
Springfield, OR | Wait, what about the files that people have fair use rights for? His conclusion doesn't take into account not only whether the files are really being downloaded, but if what percentage of the downloads are to those who have fair use rights to do so, ie those who already paid for the content in some way. I for example have went onto BitTorrent when CDs became scratched or I wanted an ISO with a slipstreamed Service Pack or patch, rather than make my own. Those are perfectly fair use. The only time I pirate anymore really is in cases such as Lady Gaga's latest album "Fame Monster" which was released in stores censored, with no option to buy the unedited version, so I swapped my rip with that of an unedited copy from BitTorrent. I also own several of the songs purchased legitimently through Zune though. Really, if I, a incarserated mental patient with no income can manage to be so legit, and utilize P2P and similar technologies only to excersise my fair use rights, can't and aren't others doing the same? I think the issue is moot and the industry doesn't have a valid argument or case against presumed "piracy." |
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| Hey, I think that could work. I can download all the movies and music I want and if the cops show up I can just tell them my physical copies were stolen or my buddy sold them on Ebay.
Great idea!! |
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Reviews:
 ·RoadRunner Cable
| reply to w0g
said by w0g:for? His conclusion doesn't take into account not only whether the files are really being downloaded, but if what percentage of the downloads are to those who have fair use rights to do so, ie those who already paid for the content in some way. you are Making Shit Up. The Fair Use doctrine doesn't say you can download pirated torrents as long as you've bought the CD or DVD. Not even close to that.
Just because you are using it, and you think it's fair, doesn't mean it's Fair Use. |
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w0go.O
join:2001-08-30
Springfield, OR
3 edits | reply to w0g
Under fair use you can have backup copies, kid. What's made up about that? You're also allowed the right to emulation when technologies become obsolute, and conversion to other formats. |
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Reviews:
·RoadRunner Cable
| said by w0g:Under fair use you can have backup copies, kid. What's made up about that? You're also allowed the right to emulation when technologies become obsolute, and conversion to other formats. Where in the Fair Use doctrine does it say any of those things? You are making it up. Go read up on the doctrine and come back. Wikipedia's a good start.
Like I said... just because you use it, and you think it's fair, doesn't mean it's Fair Use.
In particular: no you are not allowed to make backup copies unless the license specifically says you can. (Generally software licenses allow this for a single backup. CD and DVD licenses do not.) By emulation do you mean playing the original media on a different device? That may or may not be allowed again depending on the particular license. Conversion to other formats... not in general. There is law around audio recordings that allows you to do some things, and there's the Betamax decision that allows some things with video tapes, but that is not Fair Use, it's a whole different set of laws/precedents.
All this said: if you make a backup copy, or rip a CD to MP3, for personal use, and don't give it away or post it on a network, will you get in trouble? Certainly not under any foreseeable circumstance. But that doesn't mean there is legal protection for these actions under the Fair Use doctrine. |
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