moonpuppy
join:2000-08-21
Glen Burnie, MD
 ·Verizon Online DSL
| reply to Fountainhead
Re: Dag
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. |
