Re: Pokertracker reg key?


"BillB" <bogus@xxxxxxxx> wrote in message
news:o_%Ye.540123$5V4.448034@xxxxxxxxxxx
>
> "Wilhelm Kuhlmann" <wilhelmkuhlmann@xxxxxxxxxxxxx> wrote in message
> news:Pr%Ye.2400$zQ3.240@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>
>
> > Please explain how I infringed on intellectual property. If you go to
the
> > Harper's link, you will see there is no claim of copyright anywhere on
the
> > page.
>
> It is copyrighted regardless.

False. If you look at material which is copyrighted, you will see a claim
of copyright on every web page.

> > Also, Harper's does not charge for people to read this story. They are
> > giving it away. I am not avoiding paying Harper's for the use of their
> > story. However, Poker Tracker and Wilson expect to be paid.
>
> Actually, Harper's does publish that story on their website to make money,
> although perhaps not in ways as obvious as selling the article directly.

Well, there are two ways Harper's might make money with this article.
First, people might read it and decide to subscribe to Harper's because they
publish such cool articles. I would argue that my copying and pasting does
not diminish the probability of this happening. Second, they make money
from ad revenue based on number of page views. So my copying and pasting
might decrease the number of page views compared the number of page views if
I had just provided a link.

So my copying and pasting might have caused a small decrease in Harper's ad
revenue. I would compare it to walking into a convenience store and taking
a book of matches without buying cigarettes.

> > Also, it is well understood that anything published on the internet is
> > going
> > to be widely reproduced. Harper's certainly has no expectation that
this
> > story will not be widely republished.
>
> You are essentially saying here that publishing any copyrighted work on
the
> internet impliedly puts that item in the public domain. I am fairly
certain
> that is incorrect

It may be legally technically incorrect. But for all practical purposes, it
is correct. The only exception would be when access requires registration
or subscription. But any material freely accessible to the public has
effectively lost copyright protection.

> > Again, there is simply no comparison between copying and pasting, with
> > attribution, an article which anyone can access without paying, and
> > attempting to crack the piracy protection of software which the owners
> > have specifically protected and for which they expect to be paid.

> Again, I wasn't comparing the two to determine which infringement was
> "worse".

"Which infringement"??? You haven't established that what I did was an
infringement. This is known as assuming what you are trying to prove.

> I think that's pretty much a red herring. I mean, if you had said
> shoplifters are the lowest scum of the earth, and I pointed out that you
> just shoplifted something, would it be logical to respond, "yes, but I
meant
> shoplifting bigger things"? I don't think so. I would think if you really
> thought shoplifters were the lowest scum of the earth you would refrain
from
> shoplifting at all.

Yes. I refrain from violating intellectual property rights. In my mind, my
copying and pasting does not violate Harper's intellectual property rights.

You see, you haven't established that I violated Harper's intellectual
property rights, therefore you have not established that my copying and
pasting is part of any category which includes software piracy.

> I think copying and pasting portions for discussion are fine under fair
use,
> but I don't think wholesale copying is allowed. Maybe I'm wrong.
> Intellectual property was my lowest mark ever in university. Let's wait
for
> DP to weigh in...I am sure he is furiously researching the topic as we
speak

The only way my copying and pasting would be a violation of intellectual
property rights would be if I had accessed the article through a
registration or subscription system which entailed my agreeing not to
reproduce material to which I was given access.


Wilhelm Kuhlmann (ramashiva)


.

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