russotto |
09-23-2003 12:59 PM |
Re: Re: Fools who download music
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Originally posted by richlevy
Actually, what that suit was about was should hot coffee be capable of delivering third degree burns. The case was more complex than can be conveyed in a one-line sound bite.
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The simple answer is "Yes, coffee should be capable of delivering third degree burns. Hot tap water is capable of delivering third degree burns. Coffee should be hotter than hot tap water. Q.E.D"
This is derived from a "fact sheet" put out by the American Trial Lawyers Association. I wouldn't take it as gospel truth, particularly where it diverges from the dry facts of the matter,
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Similarly, the whole issue of copyright protection involves over 200 years of case law. For instance, when a band plays a song at a wedding, do they pay a royalty? When a professional DJ plays a song at a wedding, does he pay a royalty? Is he supposed to? If so, why hasn't the RIAA sued professional DJ's.
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There are only a few decades of law involved here (sound recordings weren't even copyrightable for most of the 20th century). In the situations you describe, there is a royalty paid, but not to the RIAA; the copyright of the recording is not at issue, but the copyright of the song is. So ASCAP or BMI or some other group of Girl Scout threatening thugs gets paid. For webcasting, Congress concluded (at the behe$t of the RIAA) that both the copyright of the recording and of the song are implicated, so BOTH sets of thugs get paid.
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Some of the issues relating to the RIAA and music are still in a gray area. The RIAA is trying to have it all their way and is attempting to treat music as both a license and piece of property, whichever suits them at the time.
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The MPAA is a little more guilty of this; the RIAA still agrees you buy a CD, though they have an odd idea of the rights which come along with that purchase. The MPAA has asserted that you don't have permission to even play a DVD unless you buy both the disc and a licensed player. And they've gotten that to $tick in court.
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