Re: Wakeman Criminal Record CD - first one wins!

capolk@xxxxxxxxxxx wrote:
On Thu, 15 Mar 2007 19:25:55 +0000 (UTC), Steven Sullivan
<ssully@xxxxxxxxx> wrote:

Perhaps you could explain why first-sale doctrine would allow you to *duplicate and
then sell* the copy of a CD you purchased (all commercial CDs being 'copies' of the digital
master, of course -- that's all 'copy' means in the context of first sale), but explicitly
forbids the unlicensed "rental, lease, or lending, or by any other act or practice in the
nature of rental, lease, or lending" of that same copy (unless you're a public library or
other nonprofit organization)? Wouldn't that be rather, um, *inconsistent* to say the least?

Not if we also consider :

"Closer to the middle of the spectrum, at least in the view of much of
the public, is making an audiotape of a music CD--for which one has
paid the full price--to be able to listen to it as one drives or walks
home from work. This view recently found favor with a federal
appellate court, which opined that place shifting of this sort was as
much fair use as the time shifting in the Sony case." (Note L the
copies I'm making are of this nature - from CD to MD.)

yes, private copying for private use if fine, despite the complaints
of the RIAA. What is not fine, is then selling the original or the copy.


Arguments That Private Use Copying Is Fair Use
"Those taking this position argue that many private copies are made
for limited purposes, on an occasional basis, and that they do not
displace sales of commercial products. As the Supreme Court indicated
in the Sony case, "A use that has no demonstrable effect upon the
potential market for, or the value of, the copyrighted work need not
be prohibited in order to protect the author's incentive to create.
The prohibition of such noncommercial uses would merely inhibit access
to ideas without any countervailing benefit."

If your use -- duplicating then selling -- were practiced at large, it
would certainly have an effect on sales. Such use would not pass the
fair use criteria. But by all means feel free to argue it in a court
of law. It would be at least as entertaining as a train wreck.



http://209.85.165.104/search?q=cache:b0vUKNzc-mkJ:www.nap.edu/html/digital_dilemma/ch4.html+fair+use+in+conjunction+with+first+sale+doctrine&hl=en&ct=clnk&cd=17&gl=us
perhaps you could point me to whatever whackjob libertarian site
convinced you that
the language of fair use and first sale, when combined, actually means you can *duplicate and
sell your CDs*.

I've asked you twice (at least) now for a concrete, legal correlation
that makes the (legal) copying of something and the subsequent (legal)
selling of it, in tandem, illegal. You've ignored it every time. (As
you will this time.) Seeing as how this is what your entire position
is based on, until I see you come up with something on this request, I
think we'll wrap this up now and toss it in the "Charles 1, Sully 0"
file.


'Charles'? I *that* your name?


___
-S
"As human beings, we understand the world through simile, analogy,
metaphor, narrative and, sometimes, claymation." - B. Mason
.

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  • Re: Wakeman Criminal Record CD - first one wins!
    ... Perhaps you could explain, capolk, why first-sale doctrine would allow you to *duplicate and ... then sell* the copy of a CD you purchased (all commercial CDs being 'copies' of the digital ... forbids the unlicensed "rental, lease, or lending, or by any other act or practice in the ... sell your CDs*. ...
    (rec.music.progressive)