tag:blogger.com,1999:blog-15479871.post5578369698729896545..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Capitol Records sues ReDigi in federal court in Manhattanraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-15479871.post-13437122646573003572012-01-12T10:18:04.176-05:002012-01-12T10:18:04.176-05:00I find the industries lawyers argument regarding t...I find the industries lawyers argument regarding the issue of copies,material objects and phonorecords interesting and worth thinking further about.<br />In so far I also second Matt Fitzpatrick's comment <br /><br />As I understand their argument they say because you "buy" a digital file -an original as they describe- it what the buyer then wants to resell is a copy one can not do that lawfully under your american first sale doctrine.<br /><br />The tiny logical flaw -that even the file that a customer of amazon buys in the first place is NOT the original file amazon created or bought from the musiccompany but a copy that amazon created for the customer (or do the industry lawyers argument that they give amazon one million "digital originals" as they do with original physical disks and once amazon has sold those digital files then they have no more in stock??)- in the industries lawyers argument aside; <br />I buy the digital downloads, save each of it on one of my imagined hundrets of old 8MB compact flash cards seperately that this would be then the original "material object" that I can resell totally save under your fist sale doctrine?<br />(unfortunately my 8MB material objects cost more then the 79ct so this business is not viable at the moment, but flash drives get cheaper every day and if one orders one million with a capacity of just enough MB for one or two songs in total on it from the flash manufacturer the price they want might be business viable...)<br /><br />Thats the logic i extract from Cowans argument in the complait :-)<br /><br />(Reminds me of an old article on p2pnet.net about how much a big hdd full of music would be worth to you if you could buy one already legally filled with music copies)<br /><br />Thanks music industry lawyers for giving me a business idea where i can make use of the first sale doctrine and not have to worry that the old industry guys that pay your bills get their cut off of that sale. Now all I need is a rich venture capitalist to get this "used miniflashcard resale" business started ;-)<br /><br /><br />--<br />Alter_FritzAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-66621279424717969352012-01-10T18:04:08.174-05:002012-01-10T18:04:08.174-05:00Am I completely off the beaten track when I sugges...Am I completely off the beaten track when I suggest that this could have the potential to expand the First Sale Doctrine to the internet? And possibly even foreclose cases like Thomas-Rassett and Tennenbaum?<br /><br />--Quiet LurkerAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-393363519011784842012-01-10T05:32:19.290-05:002012-01-10T05:32:19.290-05:00Count 38 of the complaint is interesting. Would li...Count 38 of the complaint is interesting. Would like to see how count 38's allegation that defendants induced people to violate the terms of service of a non-party, even if true, bears any relevance. Is it because the recording industry is trying to follow in the <a href="http://en.wikipedia.org/wiki/Software_copyright#EULAs_and_rights_of_end_users" rel="nofollow">"licensed not sold"</a> footsteps of the software industry?<br /><br />Can't wait to see the answer. Guessing we'll see some <a href="http://en.wikipedia.org/wiki/First-sale_doctrine" rel="nofollow">first-sale</a>, <a href="http://en.wikipedia.org/wiki/Fair_use#Fair_use_under_United_States_law" rel="nofollow">fair use</a>, and <a href="http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act" rel="nofollow">DMCA safe harbor</a>. I'm crossing my fingers for the first-sale defense, as I've been waiting for some "sold not licensed" pushback in the courts for a long time.Matt Fitzpatrickhttps://www.blogger.com/profile/04198028211898155926noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-49229915667575370342012-01-09T20:42:33.902-05:002012-01-09T20:42:33.902-05:00Interesting! Please keep us as posted as you can.Interesting! Please keep us as posted as you can.rtkhttps://www.blogger.com/profile/18041109328690066202noreply@blogger.com