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RE: [dvd-discuss] Slightly OT - Japanese copyrights
- To: "'dvd-discuss(at)cyber.law.harvard.edu'" <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: RE: [dvd-discuss] Slightly OT - Japanese copyrights
- From: Joshua Stratton <cpt(at)gryphon.auspice.net>
- Date: Thu, 7 Mar 2002 14:06:32 -0500 (EST)
- In-reply-to: <E06ADA0073926048AD304115DD8AB6BC9D6A13@mail.onetouch.com>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
I disagree -- this would directly invalidate the statutory protection for
backups of computer software. What the hell is the point of allowing
people to make -- and presumably use -- backups of originals if the
original is still usable?
Since presumably Congress doesn't pass laws that are moot, the destruction
of the original medium, at least in that case, must not be equivalent to
other forms of disposal, such as abandonment, sale, etc. of a _working_
copy. (or a dead copy w/ all its backups)
Re: the TV thing, I can't help but wonder at the effect of the similarity
of free, pre-paid for (by the advertisers) content over the air with
free, pre-paid for (by the advertisers) newspapers. Especially given the
Betamax case allowing copying of the former.
On Thu, 28 Feb 2002, Richard Hartman wrote:
> > -----Original Message-----
> > From: Noah silva [mailto:email@example.com]
> > Sent: Thursday, February 28, 2002 11:52 AM
> > To: 'firstname.lastname@example.org'
> > Subject: RE: [dvd-discuss] Slightly OT - Japanese copyrights
> > >
> > > If you sell the original, you are obligated to either
> > > turn over to the new owner or destroy any "personal use"
> > > copies you have made. You no longer have the rights to
> > > the work that made the personal use copies legitimate.
> > That's exactly what I thought. Which I suppose means that if
> > you sold the
> > copy, you would have to transfer the original or destroy it?
> > Or if it was
> > already destroyed?
> Now there you got me. I suppose an argument could be made
> that the original is the physical embodyment of the "right
> to use" that you have been granted, and that if it is destroyed
> it's like if your car is destroyed: you have to buy a new
> one. Even your MD copy would no longer be legitimate (although
> you could probably keep it and no one would know or care) ... but
> selling it would be right out.
> Just my evaluation of the issues involved. IANAL ...
> -Richard M. Hartman
> 186,000 mi./sec ... not just a good idea, it's the LAW!