67845017 (banned) join:2000-12-17 Naperville, IL |
to TechyDad
Re: hummmsaid by TechyDad:said by 67845017:The original hypothetical made mention of transferring the created DVDs to a friend. If only for personal or family viewing, then I think there's no question it's covered under Sony. I'd add educational use to the list. My wife uses Mythbusters episodes in her science class from time to time to illustrate certain science topics. (Diet Coke and Mentos is good for Chemistry/nucleation. Breakstep Bridge is good for resonance.) What we do is record Mythbusters using our DVR. After watching the episode, if my wife decides that the episode would make for a good lesson, I'll take it off the DVR, strip the commercials, and burn it onto a DVD for her. Sounds like fair use there as well. Educational reasons have long been deemed such. |
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to hopeflicker
You may think it's right, but you're stepping on both the reproduction right and the public performance right in your Mythbusters-in-class scenario (and you would step on the latter even if you showed Mythbusters in class as it was broadcast). I doubt the courts would find that use to be fair; educational use is not automatically fair use. You'd fail three of the four tests (amount of work used, impact on market, nature of work), and rachael's bosses' goons would love to sue you over it.
This doesn't mean you're wrong to do it. Just that you're probably infringing copyright, because copyright law is out of control. |
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67845017 (banned) join:2000-12-17 Naperville, IL 1 edit |
67845017 (banned)
Member
2006-Oct-11 12:44 pm
Disagree on almost all counts. |
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NightfallMy Goal Is To Deny Yours MVM join:2001-08-03 Grand Rapids, MI |
to Fatal Vector
Without quoting your entire post Fatal Vector, let me make a few points here. First off, every published writer and photographer, software writer, musician, and so on has intellectual property rights. These are special rights for the work that we do. Sure, if you know a trade like working in a computer department or being a call center agent, then you don't have intellectual property rights. I fail to see your arguement here at all other than pointing out that not everyone has these rights, and that is the way it should be. Sure, I am happy when someone calls to use my work. I am also equally happy to cash the check when it comes in. I have also been known to give the rights to my work away for non profit organizations or special publications in certain situations. The point is, it is my right all the time. If I want to enforce it or not is my preference. Same goes for a software maker who decides to write a piece of software and then hand it out to a specific company to use and not charge them anything for it. Thats his right. As for enforcing that right, I have done that 2 times and it is quite easy to do in a court of law. Costing me more to enforce it? Hardly. Having won twice and not having it cost me a cent and getting back a lot more than I would have charged, I know what it takes. Anyone with intellectual property rights to something has the ability to enforce these kinds of things. You obviously havent done this before so you don't know what the heck you are talking about.  I love how you label me a greedy when in fact I just want payment for my time spent, but I digress... If I could have laws rewritten, I wouldn't use jail time as a motivator. The way you motivate people who break the law like this is with fines and court costs. The fines obviously going back to the person who has the rights to the property. Its obvious that you don't know much about enforcing intellectual property rights, and it is also obvious that you don't have any intellectual property rights of your own to enforce. Therefore, you feel the need to bash those of us who do make a living off of intellectual property rights. I guess you can't show someone the other side of the situation so easily. Especailly when they have their head up their ass.  |
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TechyDad Premium Member join:2001-07-13 USA 1 edit |
to russotto
said by russotto:You may think it's right, but you're stepping on both the reproduction right and the public performance right in your Mythbusters-in-class scenario (and you would step on the latter even if you showed Mythbusters in class as it was broadcast). I doubt the courts would find that use to be fair; educational use is not automatically fair use. Actually, educational use is pretty often considered fair use. From » www.eff.org/cafe/gross1.html : There is no "bright line" test that can tell if a particular use would be considered "fair," but the Copyright Act lists particular activities generally considered fair (this list is not to be construed as exclusive or limiting in any way). Some examples of uses listed in the statute that would generally be considered a fair use to copy copyrighted material include: Criticism, comment, parody, news reporting, teaching, scholarship, research, or personal use such as time or format shifting. (Emphasis mine.) So while it's possible that the producers of Mythbusters could sue me and win (after all, you could probably find a judge to rule any way you like), it's not cut and dried that they would win. And they would probably lose on appeal. (Of course, this assumes that they would 1) bother to sue me for such a small infraction, 2) not offer some settlement which 3) I would be likely to take considering court costs, and 4) that I would be willing to file an appeal and continue the time consuming court process.) EDIT: Just in case you think the EFF is biased, here's another link: » www4.law.cornell.edu/usc ··· 00-.html |
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PolarBear03The bear formerly known as aaron8301 Premium Member join:2005-01-03 |
to dadkins
I have never once gotten any mal/spy/crapware or virii or trojans from downloading mp3s and videos. But the Sony DRM stuff scared the crap out of me and I was simply lucky it didn't effect me, as I still like to purchase the good cds, and by pure luck didn't happen to purchase any with DRM on 'em. |
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| PolarBear03 |
to rachelsfx
said by rachelsfx:Why does DRM exist in the first place? Illegal downloads.  Rachel, illegal MP3 downloads started way before the legal ones did, so people were forced to download illegally. Then when the legal downloads DID come out, they were bloated with DRM-like crap right from the start. If someone (iTunes, Napster, whoever) started offering completely DRM-crap free downloads, it would spread like wildfire. |
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to kamm
"Still don't get it? There is no way LEGALLY excercise your LEGAL rights of making personal copies when it comes to DVD."
No, it seems YOU dont get it. You dont HAVE to "exercise your legal rights" to make DVD's. You just make them. How the hell is anyone, let alone the government, etc, going to know unless you blab like a dumbass? |
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J E F F4Whatta Ya Think About Dat? Premium Member join:2004-04-01 Kitchener, ON |
to nixen
And then they wonder why people download off the net instead. Then agian..I got so sick of it and went to Linux..now I don't have to put up with that... |
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| J E F F4 |
to Nightfall
said by Nightfall:The way you motivate people who break the law like this is with fines and court costs. The fines obviously going back to the person who has the rights to the property. Ahhh..problem with that is..that..this money goes to pay for court costs...plus profit for the government.etc, etc..you'd be lucky to get a dime for every $100 fine. Whatever the case...I can see the point for 'the little' guy. You..being 'the little' guy..I'm sure..isn't going to be nearly as restrictive when you sell your work. The system screws everyone over... |
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NightfallMy Goal Is To Deny Yours MVM join:2001-08-03 Grand Rapids, MI |
said by J E F F4:said by Nightfall:The way you motivate people who break the law like this is with fines and court costs. The fines obviously going back to the person who has the rights to the property. Ahhh..problem with that is..that..this money goes to pay for court costs...plus profit for the government.etc, etc..you'd be lucky to get a dime for every $100 fine. Whatever the case...I can see the point for 'the little' guy. You..being 'the little' guy..I'm sure..isn't going to be nearly as restrictive when you sell your work. The system screws everyone over... Which is why the system needs a serious makeover. |
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