Fountainhead
Premium
join:2003-10-25
New York, NY
clubs:
| reply to reaver221
Re: Dag
I didn't say my use of the avatar is legal.
I said that the sale of images for avatars is currently not a business engaged in by MTV or Mike Judge and if they were to form a business by which I could pay them for the use, I would.
Much like a ringtone.
The use of this avatar has cost them zero cents.
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I'll buy everyone a HDD for xmass.... -- Strom |
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k_mumm
join:2001-06-14
Laramie, WY
| Sure it didn't cost them any money. I won't argue that it did but on the other hand downloading a movie/song doesn't cost someone money. It may have lost a sale but there is no way to prove that everyone who downloads a movie would have paid for it. So it is impossible to put a value on how much this pirating is costing the industry.
Basically by your logic it's ok to infringe on someones copyright when they aren't offering what you want for sale. Sorry that argument just doesn't hold water. |
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moonpuppy
join:2000-08-21
Glen Burnie, MD
 ·Verizon Online DSL
| reply to Fountainhead
said by Fountainhead  :
I didn't say my use of the avatar is legal.
I said that the sale of images for avatars is currently not a business engaged in by MTV or Mike Judge and if they were to form a business by which I could pay them for the use, I would.
Much like a ringtone.
The use of this avatar has cost them zero cents.
First off, again, just because you can't buy it doesn't mean you can just take and use it. Look at TV shows. I like the show Max Headroom and it is NOT available on tape or DVD. Should I just be allowed to copy it for my collection? Legally, NO. That would be taking future profits from the producers of the show. Just because you say you would buy the avatar from Mike Judge and MTV doesn't mean your current use is legal or acceptable.
Same thing goes for ringtones. Verizon Wireless has publicly stated that they do not allow their customers to transfer their own ringtones into their phones because of copyright issues. They make them use their "Get it Now" service. Most other wireless phone makers think the same thing. Why do you think it costs $1-$2 just for a ringtone? The airtime is negligible at best. Even though the ringtone is (in most instances) a midi file, the melody is still the same and the author is still entitled to royalties.
Also, look at the DirectTV case in Canada. At first, the courts ruled that those making decoders for DirectTV were not breaking the law because they thought, as you do, that you cannot steal what is not sold. Later, the Canadian courts reversed themselves. |
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FutureMon
OW My Eyes
Premium,ExMod 2002-05
join:2000-10-05
Colorado Springs, CO
clubs:
1 edit | reply to k_mumm
said by k_mumm :
Sure it didn't cost them any money. I won't argue that it did but on the other hand downloading a movie/song doesn't cost someone money. It may have lost a sale but there is no way to prove that everyone who downloads a movie would have paid for it. So it is impossible to put a value on how much this pirating is costing the industry.
Basically by your logic it's ok to infringe on someones copyright when they aren't offering what you want for sale. Sorry that argument just doesn't hold water.
Damn straight.
I just sent Mattel a check for $1500 as an out-of-court settlement.
They were suing me because I had a Magic 8 Ball webpage.
Their grounds were that they suffered product market share "dilution" and loss of income due to my fraudulent use of their products' likeness.
Nevermind the fact that I wasn't using a pic of their product. I was using a real 8-ball off a pool table that I had modified into an animated GIF with a ? in it. Nevermind the fact that their product only had 20 answers, and mine had over 50 - out of which the only two that were the same were "Yes" and "No".
You can be sued for anything at any time. It's only a matter of how much money you have to throw at lawyers in your defense. Every single person who uses an avatar that is an image of someone else or someone elses work is at risk of being sued.
Imagine someone has an image of daffy duck as their avatar. They go around and post all sorts of lewd comments or are just generally up to no good with their attitude on boards all over the internet. I'm sure many of us know or have met in the past people who fit that description quite well.
However unfortunate it may be, some people may actually think that the person who posted those things was in some way affiliated with Warner Brothers, and file suit against them (Warner Brothers) for themselves or their children having been subjected to "whatever". That is Warner Brothers case against the copyright infringer, and they would be likely to win their case for damages.
Laugh now, but it could happen, if it hasn't already.
- FM
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DCExec Member, Member of 'StarFire Seven' & Undisputed BBR Karaoke Champion! |
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Cyron
join:2002-09-24
Charlotte, NC | reply to Fountainhead
When the Movie Industry starts selling SVCD's and CAM's of new movies around their release date, I'll start buying them. |
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Talis
join:2001-06-21
Houston, TX
1 edit | reply to FutureMon
Never mind  |
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