Re: Digital Rights Management Survives Analog Duplication


Chel van Gennip wrote:

> If someone has bought a CD, he is free to lend this CD
> to a friend.

Correct.

> The friend can make a copy of this CD for personal use.
> That is completely legal, at least according to the law in The
> Netherlands.

I doubt that it's legal according to the laws in the US. Tell me - does
this make any sense at all, given that the intent of the person making
the CD is to make money by entertaining people with this recording of
his writing and/or performing skills?

> If someone has bought a CD, he is free to sell it or e.g. donate it to
> charity organisation that sells it.

That's true. but a lot of copyright owners don't like this, because
they don't make any money on the resale that they might have made had
the purchases bought a new copy rather than a recycled one. It would be
better, when the original owner is finished with the CD, to recycle it
as plastic rather than as intellectual property.

> What is the value of the proof and how do you go after the person?

That's the real question, and the answer is that you can't, unless you
catch someone in the act. It isn't difficult to prove that someone who
has a carton of the same CD and is selling them a table at a swap meet
is selling bootlegs (if they actually are bootlegs - he might be a
legitimate record store). It's more difficult (or more realistically,
not practical) to prove that a CD-R copy of a CD in a person's
possession is a legitimate backup of a CD that he legitimately owns. I
suppose the music police could ask to see the original CD and sales
receipt before arresting him for copyright violation.

If he says "I used to own the CD, but I gave it to a friend." then he
no longer has a backup, he has a duplicate, and that's illegal, at
least over here.

.

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