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25 new of 126 responses total.
scott
response 75 of 126: Mark Unseen   Sep 12 15:01 UTC 2000

It's because the major labels have a pretty good lock on retail space,
MTV/radio promotion, etc.

And even honest promotion these days is pretty expensive at the top end; not
many companies can get a deal with Burger King or McDonalds.
goose
response 76 of 126: Mark Unseen   Sep 12 17:24 UTC 2000

RE#74 -- IT has nothing to do with Phillips patents.
mcnally
response 77 of 126: Mark Unseen   Sep 12 20:23 UTC 2000

  It's largely the access to promotional and distribution channels that
  keeps the smaller labels out on the margins..
krj
response 78 of 126: Mark Unseen   Sep 15 03:25 UTC 2000

   ((( Summer Agora #550  now linked as  Music #280, as this 
       Agora rolls over in a week.  )))
brighn
response 79 of 126: Mark Unseen   Sep 15 13:50 UTC 2000

When did it become legal to make copies of your music and give it to your
friends and family?
(going back to the early bits of the item...)

I've always been told that's illegal.
rcurl
response 80 of 126: Mark Unseen   Sep 15 14:01 UTC 2000

It is.
polygon
response 81 of 126: Mark Unseen   Sep 15 14:42 UTC 2000

Re 79-80.  See the Home Audio Recording Act for details on this.  I
doubt that making a recording and giving it to a family member is illegal
any more, even technically.  As to friends, I'm not sure.
polygon
response 82 of 126: Mark Unseen   Sep 15 14:52 UTC 2000

Re 62.  "Stolen" and "theft" apply to taking away tangible property
without authority.  They DO NOT apply to unrelated kinds of deprivation of
property rights, except as rhetoric or spin. 

For example, if someone who has your property with your permission takes
it for his own use -- that is "conversion", not theft.  One of the
founders of Ann Arbor raised money for his venture by taking his Maryland
neighbors' farm animals to market, promising to bring back the money from
sales; he never did.  A related concept is "fraud".

Another example, if the adjoining property owner builds his house in such
a way that it extends five feet over the property line, depriving you of
many square feet of your land -- that is "encroachment", not theft.

And if someone takes your copyrighted work and republishes it, making vast
profits for himself -- that is "infringement", not theft.

There are specific legal remedies for each of these things, and many more.
But none of the remedies involve using words like "theft" or "steal"
except as rhetoric.
tpryan
response 83 of 126: Mark Unseen   Sep 15 16:21 UTC 2000

        CD-RAudio would also fit, then, since it two is media that a 
blanket royalty has been applied to.  That's why it is more expensive,
but not all the 75 cent to $2.50 difference one can find in CD-R prices
and CD-RAudio prices.
rcurl
response 84 of 126: Mark Unseen   Sep 15 16:43 UTC 2000

How about "vernacular", Larry? In the vernacular, if you take something
that isn't yours, you have "stolen" it. The legal terms apply, of course,
once you enter the courthouse. (I guess it would also be correct to use
the general expression, in place of 'to steal', 'to cause an insecurity
without permission in one's person, houses, papers and effects'.) 

brighn
response 85 of 126: Mark Unseen   Sep 15 16:50 UTC 2000

#81> I would assume that what's legal is making copies for household members,
not family members per se. 

#82> "theft" has a definition in the dictionary. It may have a separate (more
restricted) definition in legal lingo, but according to my dictionary,
copyright infringement is theft. We're not lawyers here.

goose
response 86 of 126: Mark Unseen   Sep 15 18:37 UTC 2000

copyright infringement is your best entertainment value.

http://www.negativland.com

As an aside, it wasn't clear to me if Paul was talking about making copies
of *his* music or of music from his record collection.
You can make all the copies of *your* music you want and give them to
everyone,
but the music on the CD's in your collection is not *your* music.
polygon
response 87 of 126: Mark Unseen   Sep 15 19:40 UTC 2000

Re 85.  Please cite and quote this dictionary definition.

The fact that lots of people say sidewalks are "cement" may make it the
common, ignorant use of the word, but it is a fact that they are concrete,
not cement.

Using "theft" to mean copyright infringement is specifically a political
use of the word, like the use of "murder" to mean legal abortion.
brighn
response 88 of 126: Mark Unseen   Sep 15 19:47 UTC 2000

theft. The act of stealing.
steal. to take (the property of another or others) without permission or
right, esp. secretly or by force.

Copyrighted materials fall under the heading "intellectual property."
property. 4. ownership, right of possession, enjoyment, or disposal, esp. of
something tangible... 8. a written work, play, movie, etc. bought or optioned
for commercial production or distibution.

Source (except for the line starting "Copyrighted"): Random House Webster's
College Dictionary, Random House, New York, 1991.

Same source, incidentally:
murder. the unlawful killing of a person.

So long as abortion is legal, it isn't murder. That's not political rhetoric,
that's a circular claim (since "murder" presupposes legality).
polygon
response 89 of 126: Mark Unseen   Sep 15 19:53 UTC 2000

Re 88.  Ah, it appears that you transposed the broadest possible definition
of "property" into the "theft" definition, which is apparently too brief.
Better luck next time.
polygon
response 90 of 126: Mark Unseen   Sep 15 19:56 UTC 2000

Er, I should say, into the "steal" definition.  "Intellectual" modifies
"property" so that the term "intellectual property" no more fits under
"steal" than "road apple" fits under "apple".
brighn
response 91 of 126: Mark Unseen   Sep 15 21:11 UTC 2000

Provide your own quotes and sources or climb down from the tower.

This is all subterfuge, anyway. The point was one with which you already
agreed, and rather than stick to the heart of the matter, you're choosing to
get into legal semantics.
mcnally
response 92 of 126: Mark Unseen   Sep 15 22:55 UTC 2000

  I disagree.  I think there *is* a substantial difference between theft
  and copyright infringement.  Obviously you do too, or at least you accept
  that most people recognize one, otherwise why would you care which term 
  is applied.

  I really hate playing the analogy game with this stuff, because I think
  it's ultimately bankrupt as a tool for serious analysis.  Why talk about
  whether it's "like theft", or "like sharing", when we can agree that it's
  important enough to be talked about directly, and not by way of potentially
  deceptive and ultimately inadequate comparisons?

  If you insist on playing the analogy game, though, I'm curious whether
  you consider parking at an expired meter "theft".  If I pull into
  a parking space, put a quarter in the meter for fifteen minutes'
  worth of parking, and stay twenty minutes, have I "stolen" a nickel?
  Does it matter if anyone else would have parked in the space during
  those five minutes?  Does whether or not I intentionally exceeded
  the time allotted have any bearing on the severity of my offense?
  Would my offense be the same if the parking garage was privately owned
  by a family whose sole means of support came from the fees collected
  or is it just as wrong to stick it to the man as it is to cheat the
  independent operrator out of his nickel?

  This sort of indirect analysis is probably pretty fascinating for certain
  types (e.g. Jesuits or rabbinical students) but most of the rest of us 
  seem to realize that you can take it too far..

gull
response 93 of 126: Mark Unseen   Sep 15 23:11 UTC 2000

            Main Entry: theft
            Pronunciation: 'theft
            Function: noun
            1 a : the act of stealing; specifically : the felonious taking and
            removing of personal property with intent to deprive the rightful
            owner of it b : an unlawful taking (as by embezzlement or
            burglary) of property
            2 obsolete : something stolen
            3 : a stolen base in baseball 


            Main Entry: piracy
            Pronunciation: 'pI-r&-sE
            Function: noun
            1 : an act of robbery on the high seas; also : an act resembling
            such robbery
            2 : robbery on the high seas
            3 : the unauthorized use of another's production, invention, or
            conception especially in infringement of a copyright 


So, strictly speaking, according to www.m-w.com "theft" isn't really
correct, but "piracy" is by definition (3).
brighn
response 94 of 126: Mark Unseen   Sep 16 06:50 UTC 2000

It goes back to the definition of property. 1b applies depending on how wide
you're willing to define property.

I only care because "theft is theft" is easier to say than "infringement is
infringement," and because I feel like this is analretentive obfuscation and
people being difficult rather than discussing the issue.

If I drop a quarter on the ground and somebody picks it up, that isn't theft.
So if i use only part of my parking meter time, and somebody else uses the
rest, they haven't stolen anything. They found something of value that had
been abandoned.

md
response 95 of 126: Mark Unseen   Sep 16 12:03 UTC 2000

It would help to know how future royalties show up, if at all, in 
Metallica's financial statements.  It wouldn't be in the income 
statement, obviously.  It isn't receivables on the asset side of the 
balance sheet, exactly.  What, good will?  

I'm guessing it has to be in there *somewhere*, because a newly 
released CD that's doing well on the charts and a classic CD that 
enjoys good steady sales are both very considerable assets.  That is, 
if you wanted to buy Metallica -- I mean, literally buy the music 
group -- the value of future royalties would account for much or even 
most of the sale price.  That's what's being stolen.
scott
response 96 of 126: Mark Unseen   Sep 16 13:51 UTC 2000

Apparently Courtney Love is suing/planning to sue her record company to make
sure she actually gets some of the settlement with mp3.com.
tod
response 97 of 126: Mark Unseen   Sep 16 16:31 UTC 2000

Did you know Jason Newsted is an admitted bisexual?
goose
response 98 of 126: Mark Unseen   Sep 17 04:45 UTC 2000

HE;s from Gull LAke, MI....I always wanted to see a sign as I drove through
Gull Lake that said "The home of Jason Newsted"///but instead I get to see
that they were the Class D Girls Softball champs in 1986.
happyboy
response 99 of 126: Mark Unseen   Sep 17 14:05 UTC 2000

girls softball is more hard than metallica anyhoo.
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