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Ivan_Melgar_M ![]() Special Collaborator ![]() Honorary Collaborator Joined: April 27 2004 Location: Peru Status: Offline Points: 19557 |
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Tonal: I don't agree with most of this regulations, I'm just playing the role of the Devil's Advocate, placing us in the wrst possible scenario to avoid risks for Prog Archoives.
The problem is that if you buy a house or a car you own them and you can do whatever you want with them (Of course with the limits established by law to real state property and traffic).
If you buy a CD or a DVD, you own the plastic BUT NOT THE MUSIC, the property of the music remains in hands of the copyright holder.
You only buy a licence for domestic use of this music, READ THE FBI WARNING, you can't play it in public, share it, lend it, trade it (which in some cases is mentioned) play it on festivals, hospitals, churches, schools, charity, etc.
If you owned the music you could play it anywhere without any limit, so it's obvious it's not the case.
Now Mike, I don't believe if you sell or trade an album you're a distributor, but in Civil law you don't have the advantages the accused has in criminal trials, they sue you and YOU HAVE TO PROVE THAT YOU HAVE NOT VIOLATED THE COPYRIGHT LIMITS.
That's the power entities like RIAA have, in theory downloading is not a crime (You are using free and public media instruments), but uploading is (Because you're taking other person's property and giving it for free or for profit to a third part).
Despite this is clear, RIAA sues downloaders knowing that they can't afford the legal costs for a $ 500,000.00 trial, so probably innocent people has to settle with RIAA and accept to pay sums of money of US$ 12,500 as average.
I believe RIAA wanted to sue Microsoft for providing people with PC's capable of breaking the law (The precedent is in the Betamax case, Somy was sued by Disney studios among others for providing people with machines able to duplicate copyrighted material, the trial never really ended because both parts had enougyh money to make the trial last centuries and most USA citizens already had a VCR).
But they didn't sued Microsoft, because Mr. Gates has enough money and lawyers to destroy their claims and probably RIAA will end paying Microsoft money for harrassment, so RIAA went to the weaker link, the final user, the one that can't fight with them.
They have the power and the money, they don't have to win, they only need to sue you and judges must accept the cases even if they don't agree because everybody has the right to sue other persons.
Iván
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Sean Trane ![]() Special Collaborator ![]() Prog Folk Joined: April 29 2004 Location: Heart of Europe Status: Offline Points: 20585 |
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I agree with Mike. Used record shops exists and do not infrige the laws. Plus the fact that the site is Canadian makes the FBI's advice not relevant. .
Actually about three years back I had asked M@X and Maani the permission to start this, and I had gotten an OK back then. So I posted my list and some 40 Cds got redistributed (Martin Hdfsch responsible for almost half of them). It was selling, not even trading. But all Cds were legal.
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let's just stay above the moral melee
prefer the sink to the gutter keep our sand-castle virtues content to be a doer as well as a thinker, prefer lifting our pen rather than un-sheath our sword |
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MikeEnRegalia ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: April 22 2005 Location: Sweden Status: Offline Points: 21776 |
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^ one problem however is that some CDs may not be imported into certain countries. Usually the big CD shops don't care, so for example in Germany you can order a CD from the USA through Amazon.com/Caiman/etc. which isn't available in local German stores. If you then decide to offer the CD on Ebay.de you might get sued if the IFPI notices.
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Sean Trane ![]() Special Collaborator ![]() Prog Folk Joined: April 29 2004 Location: Heart of Europe Status: Offline Points: 20585 |
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I thought we were talking of setting up a thread with the list of what you choose to be getting rid of, and members just PMing you.
I haven't touched E-Bay or Amazon yet.
Not about to, either
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let's just stay above the moral melee
prefer the sink to the gutter keep our sand-castle virtues content to be a doer as well as a thinker, prefer lifting our pen rather than un-sheath our sword |
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OpethGuitarist ![]() Prog Reviewer ![]() Joined: June 25 2006 Location: United States Status: Offline Points: 1655 |
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^^
im actually wanting to sell a few CDs of my own here because I think they would get more notice here than in an online auction i pm'd Jody about it I wonder how he will feel |
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back from the dead, i will begin posting reviews again and musing through the forums
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MikeEnRegalia ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: April 22 2005 Location: Sweden Status: Offline Points: 21776 |
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I absolutely can't see any risk in that ... if people simply say "check out these CDs/DVDs I don't need anymore - get in touch with me if you want them" then that would be perfectly fine IMO. Of course they could also simply set up an Ebay auction and post the link ... it would certainly increase their profit. ![]() Edited by MikeEnRegalia - April 12 2007 at 13:46 |
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Sean Trane ![]() Special Collaborator ![]() Prog Folk Joined: April 29 2004 Location: Heart of Europe Status: Offline Points: 20585 |
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This is frequently done on Progressive Ears and on Rate Your Music
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let's just stay above the moral melee
prefer the sink to the gutter keep our sand-castle virtues content to be a doer as well as a thinker, prefer lifting our pen rather than un-sheath our sword |
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