Re: Re: What kind of pirate am I?

On Sun, Oct 17, 2010 at 9:52 AM, Daniel P. B. Smith <
yahoogroups2006-wIRBk7EkA6JWk0Htik3J/[email protected]> wrote:

>
>
> I no longer believe anyone's statement of what "the law" is when it comes
> to copyright. I don't think anyone knows what the law is. I think a lot of
> it is hard to generalize and hasn't been tested in court. And,
> unfortunately, I think 99.44% of simple summaries of "what the law is" are
> spin by someone who is grinding an axe one way or another. That applies to
> _everyone,_ even the people who are telling me what I want to hear.
>
>
>
Everything is debatable until specifically challenged. Just WANTING the law
to protect something doesn't mean it will, and sometimes the law is written
knee jerk and challenged later and overturned.  I personally feel portions
of the DCMA are knee jerk reactions that weren't thought out.

One thing I will advance, to all the people that don't think any change of
format is allowable...

When the VCR was put out, Disney and a few others unsuccessfully tried to
have the record feature disabled, and it was struck down. The "courts" and
"law" settled on the idea that recording radio or TV for your own use wasn't
a problem. In fact, there are laws about recording chunks and laws about
removing ads and laws about... It's nauseating but they exist. Beyond that,
the court case about redacting films only said it was illegal to do so for
SALE without the permission of the original copyright holder. Doing so for
your own use was never struck down in that case.

Now, we can walk into any electronics store and purchase items that will
turn paper books into ebooks, turn LPs into MP3s, turn VHS tapes into
DVDs...every one of them a legal purchase and some that come with the
reminders that it's for non-commercial use. In fact, Apple itself has
software that accompanies the iPod which rips your CDs onto your iPod and
lets you further share the music from your CDs on your entire home network
(all the computers on it). So... If these sorts of format changes were
inherently illegal, why hasn't someone tried to block the sale of said items
and dissemination of said software by a huge target like Apple? If they
thought they could win it in court, don't you think the bigwigs in the music
industry would have brought the smackdown?

Go ahead. Discuss how you will. I've already said I'm done beating my head
against the wall.

Brenna
-- 
http://www.brennalyons.com    http://www.facebook.com/brenna.lyons
2-time EPIC's e-Book Award WINNER! "Powers or no, the Kielan are their own
worst enemies, caught up in systematic, stagnated tradition, lost to the
hypocrisy of classism, and defenseless despite their psi powers. Time
Currents is a tale that I won’t soon forget." Patrice F. for Joyfully
Reviewed


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