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25 new of 126 responses total.
brighn
response 100 of 126: Mark Unseen   Sep 17 17:09 UTC 2000

Spoken like somebody who's unaware that "harder" is a word.
jerryr
response 101 of 126: Mark Unseen   Sep 17 18:54 UTC 2000

mayhap he was pointing out that a girl's softball is harder than a metallica
anyhoo (whatever that might be)
brighn
response 102 of 126: Mark Unseen   Sep 18 01:38 UTC 2000

Anyhoo is a cute spelling for anyhow.
*noddles*
happyboy
response 103 of 126: Mark Unseen   Sep 21 02:34 UTC 2000

anyhoo yer a patoot.
brighn
response 104 of 126: Mark Unseen   Sep 21 13:49 UTC 2000

I take that as a compliment coming from happyboy
happyboy
response 105 of 126: Mark Unseen   Sep 22 01:34 UTC 2000

i meant is as one, patoot.
brighn
response 106 of 126: Mark Unseen   Sep 22 02:12 UTC 2000

well, good thing I took it as one, then, eh?
mwg
response 107 of 126: Mark Unseen   Sep 22 20:58 UTC 2000

How to really confuse a copyright argument?  Let's see...

The following happens on a continuing basis, and is entirely real, what
are the copyright implications?

Copyrighted materials (books, CDs, assorted format videos) are released
outside North America.  They may or may not ever be released in North
America.  People purchase these materials from legitimate vendors and
have them brought into the continent. In some cases this ends up
side-stepping a deliberate intent of the copyright holder for distribution
by location.

Some people argue that this is a violation of copyright because the rights
holder may have wanted to squeeze more money out of each North American
purchaser.  Others say that a purchased item can end up anywhere and there
is no basis for complaint.  One country has declared attempts to create
differential pricing by location-based distribution control to be
restraint of trade, and certain classes of device cannot be sold in
that country until copyright-inspired technical restrictions are deleted
or patched around so that materials for such devices may be purchased from
anywhere on the planet.

Specifics can be provided later, I am looking for opinions relating to
this situation.
mcnally
response 108 of 126: Mark Unseen   Sep 22 22:35 UTC 2000

  Don't worry, eventually your CDs and your eBooks will have "country codes"
  built into the player just like DVDs so you won't have to fret about this..
brighn
response 109 of 126: Mark Unseen   Sep 22 22:37 UTC 2000

Oo, good topic. And one that's become ever more relevant in the days of the
Internet. I've personally ordered CDs directly from a British website,
receiving the same price as for a domestic CD rather than for an import.

In my opinion, there's no real difference between purchasing a copyrighted
piece and importing it and purchasing any product at all and importing it...
to my knowledge, importation laws are generally limited to higher volumes than
most private consumers would reach (although I've seen the tag on some
software, especially Microsoft products, restricting sale and use to North
America). In my opinion, if I buy something from a legitimate vendor and
import (or have them import as my agent), then the only restrictions on that
purchase should be whether the imported items fall below the allowable import
limits, and whether the class of item is legal in all countries involved (for
instance, I could probably find some website which sells photos of naked
17-year-olds which are legal in their country but illegal here in the U.S.).

Now, if I import and then pirate, that goes back to infringement law...

ALTHOUGH, now that I think about it, I have some books from Ukraine that may
be inviolation of American copyright laws, or were when I purchased them,
principally a rewrite of "the Wizard of Oz" (which may be trademarked, I
dunno) and a game called "Management" which is obviously a ripoff of Monopoly
(which I know is trademarked).

I'm not sure about legalities, but as far as ethics go, I don't think it's
fair or appropriate to tell a purchaser that they can't take a legally
purchased item wherever they want to (so long as the item is legal wherever
they take it).
anderyn
response 110 of 126: Mark Unseen   Sep 23 00:19 UTC 2000

Well, I have a similar thang. As many of you know, I have a daughter who's
into anime music and j-pop. Most of the available music in this country are
from Son-May, which is a company somewhere in Asia which re-records the music
and then sells it. It's legal in whatever country Son-May is located in, but
morally, that's a bootleg, and a ripoff of the artists. Only problem is --
that's often the only available music, unless one has a friend or other
contacts in Japan... Frustrating, yes. Morally problematical, yes. And of
course, until she learned about the problem, neither of us knew that Son-May
wasn't a legit company.
mcnally
response 111 of 126: Mark Unseen   Sep 23 00:40 UTC 2000

  re #109:  That seems to have the potential to conflict pretty dramatically
  with your previously stated insistence that creators be able to control the
  way their works are used, and that denying them that control is theft. 
brighn
response 112 of 126: Mark Unseen   Sep 23 04:44 UTC 2000

#111> Yes, it does superficially seem that way, doesn't it? But, again, the
issue with copyright is that it's copy + right. As a creator, I have the right
to decide how many copies of something will be made available (not including
legal archives), and in what contexts subportions of my works are to be used,
but once I've sold a copy to somebody, they have the right to
play/read/use/view that copy wherever it's legal to play/read/use/view it,
so long as they don't violate any commercial restrictions I've explicitly or
implicitly placed on it.

Consider the alternative -- that, among the rights of the creator is included
the right to dictate to what areas a legally purchased copy can be taken. We
tend to forget that the musician isn't the only artist on the CD. There's a
photographer and/or an illustrator, a typesetter, various engineers, ... maybe
there's some cover songs on the CD ... it would be an INCREDIBLE obstacle to
the purchaser (and legal owner of) the COPY to have to be aware of all of
these artists' concerns. The only way to function in such a climate would be
to stay wherever you purchased the album, and even then, maybe you purchased
an import album in good faith, then discover later that the sculptor of the
item photographed on page 7 of the booklet doesn't want any depiction of his
art to appear in Michigan.

In contrast, the "fair use" rules of copyright law are easy enough -- you cant
reproduce something unless it's explicitly said that you can (there are legal
nuances to that, but that's the safe rule of thumb). No real obstacles to the
owner of the copy: You can play your CD wherever you go, but you can't make
copies of it. Your proper USE of the item isn't hindered... the item was
designed to be played, not copied. The copy + right belongs to the creator,
the use right (non-commercially) belongs to the legal possessor of the copy.

[This isa simplification of intellectual property law. This mingles
non-profesional legal opinion with personal ethical opinion. Where not
obvious, "right" refers to moral rights, not legal rights. I am not a lawyer.]
mcnally
response 113 of 126: Mark Unseen   Sep 25 01:09 UTC 2000

  (BTW, I think you can afford to leave off the "I am not a lawyer"
  disclaimerrs -- nobody is going to confuse you with one based on
  your posts..)
brighn
response 114 of 126: Mark Unseen   Sep 25 04:21 UTC 2000

[Yes, but unlike certain others, I'm not going to put myself in harm's way
by even suggestinf I'm providing free legal advice.]
twinkie
response 115 of 126: Mark Unseen   Sep 27 04:45 UTC 2000

re: 110 -- Check with One World Market in Novi. It's a Japanese supermarket
that also imports videos, music, and magazines legitimately. If you can write
it in Kanji, they can probably get it for you.

mwg
response 116 of 126: Mark Unseen   Sep 28 16:29 UTC 2000

Re: 108
Actually, the DVD issue was what I was addressing with a country having
declared that the devices must be modified.  Based on some information
found at opendvd.org, it would appear that some european countries have
declared the region coding illegal for one reason or another.  I had read
once that New Zealand specifically did restraint of trade stuff, but as I
hunt for data I can't seem to find anything specific.

On the other hand, players that have some to all of the Hollywood-imposed
"security" features forced on them are available readily via web
merchants.  Add a decent standards converter from Tenlab, and it can then
be of relevance to you that the whole first season of "Buffy the Vampire
Slayer" is being released in the UK in the next month or two as a box set
of DVDs.  Locally, I think that there a whopping 8 or 9 tapes available in
North America, with no DVDs due.  In the UK, 3 seasons on VHS and DVDs
coming.  The copyright holders would say that you have to live with that
and are in the wrong if you do not wait until they say your location can
buy this stuff.  They may have actually said this outright someplace, but
the region coding system only makes what little sense that it does if
that is the case, so I deem its existence to be that statement.

The above nonsense is why I have an account with a UK video dealer.

Alternate US editions of books are why I have an account with a UK book
dealer.  (One year-plus edition delays are another big point.)

The copyright industry would likely put me in chains for just that, if
they could.

Re:109
On your last point, as the region scheme of DVD illustrates, the opinion
of copyright holders is that their items are only legal in places where
they've released them, and since few seem willing to abide by that, they
are turning to technological means to enforce thier opinion.
brighn
response 117 of 126: Mark Unseen   Sep 28 16:59 UTC 2000

I would concur with the European countries that have the sentiment that region
codes are illegal.

The only thing that should affect the legality of a copyrighted piece in a
given area is that area's laws on content. IMNSHO.
mcnally
response 118 of 126: Mark Unseen   Sep 28 20:27 UTC 2000

  re #116: 

    > and since few seem willing to abide by that, they are 
    > turning to technological means to enforce their opinion.

  It's more twisted than that..  Having failed to maintain their
  oligopoly on copying and distribution, as new technologies arose
  that allowed copying to become decentralized (as nearly everyone
  got access to a copying device..) they abandoned their primarily
  legal approach to containing copying in favor of technological
  means.  But then they also lobbied for (and got) legal weapons
  to use against the producers of technology, so we have things like
  the DMCA, a legal weapon to use against people who are producing
  technological countermeasures to circumvent the technological weapons
  they adopted because their original legal weapons weren't working..

  Any honest participant in the discussion pretty much has to concede
  that there aren't enough courtrooms in America to try every person
  who would illegally duplicate copyrighted material if it were made
  exceedingly easy to do so -- you need only look at Napster's subscriber
  lists to determine that.  The publishing companies know their only
  option, unless they want to relax their control on music/book/movie
  distribution and pricing, is to attack the infringement chain at its
  weakest link (or perhaps its narrowest bottleneck..)  That weak point
  used to be the few infringers who owned the heavy equipment needed for
  mass duplication.  These days the weak point is where there are
  (relatively) few people with the technological knowledge and skill to
  circumvent the publishers' technological protections.

brighn
response 119 of 126: Mark Unseen   Sep 28 21:28 UTC 2000

ther'es two issues, though.
One is blocking illegal copying (which I think is the producer's right), and
one is blocking playing something in a non-sanctioned locality(which I DON'T
think is the producer's right).


mcnally
response 120 of 126: Mark Unseen   Sep 28 22:52 UTC 2000

  Ahh, but the two issues are naturally linked because in order to
  exert control in either case you need to have some way to deny the
  data stream to the end consumer and an intermediary of some sort,
  controlled only by you, to handle the translation.  Having gone to
  the trouble of designing (albeit poorly) such a system to fight
  the easiest sort of illegal copying, DVD publishers have recognized
  that they can use the same technology to control regional viewing
  and have chosen to do so..

  Expect to see more and more intrusive developments in this front.
  Recent posts in Slashdot have pointed to news stories about a dental
  school which is switching to time-limited digital texts -- students
  pay (a lot) for a dentistry text that comes on CD-ROM.  The contents
  are licensed to them, and them only, for a limited time and unavailable
  after their time-limited decryption key expires.  Textbook publishers
  must be drooling over this technology, which promises to cripple that
  pesky competition from the used textbook market..
brighn
response 121 of 126: Mark Unseen   Sep 29 02:34 UTC 2000

The two issues may be technically linked, but they're ethically unrelated
gull
response 122 of 126: Mark Unseen   Sep 29 02:44 UTC 2000

University bookstores will hate that.  Most of their profit comes from used
textbooks, not new ones.
polygon
response 123 of 126: Mark Unseen   Sep 29 06:42 UTC 2000

Re 122.  I was thinking that, too.
scg
response 124 of 126: Mark Unseen   Sep 30 18:54 UTC 2000

That doesn't just affect those who want to buy and sell used books.  I
generally like to keep stuff I've read, so that I can go back and look at it
again if I have a question.  It's a big part of why I always buy books rather
than checking them out of libraries.
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