Copyright Law and Downloading
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bABA
Commander and Chef
Joined: Mon Oct 11, 2004 12:56 am Posts: 30505 Location: Tonight ... YOU!
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Krem wrote: bABA wrote: hmm.. i see where you're going with this .... i was talking about the music media itself, not the player ..
hmm .. i still think it was stupid!! :razz:
The closest you can come to making sure that a portable music player only has legal music on it, is making sure that each song has a digital signature matching that of the player. That would require an online service tied with your music player and it wouldn't allow you to rip your own CDs onto it. I doubt something like that would gain any traction.
yup
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Mon Feb 07, 2005 2:21 pm |
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Mister Ecks
New Server, Same X
Joined: Wed Oct 13, 2004 7:07 pm Posts: 28301 Location: ... siiiigh...
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box_2005 wrote: Virtually all, if not all, things I have downloaded were either old (1950s films, etc.) or the type I wouldn't pay for. And I'm serious when I say I wouldn't pay for it. Think I'd be willing to shelve money to support a film like Catwoman? Hell no... So it's not lost revenue on their part. I would simply never pay for it, ever. Ditto for music.
The rare instance where I have downloaded a film that's in theatres, that I think was wonderful, and that needed support, I have gone to the theatre and paid admission for it, since that would have been a film I would actually have paid to see. Finding Nemo is the one example that comes to mind; I downloaded it, fell in love with the film, went to the theatre to pay up as a thanks for Pixar. For The Incredibles, I immediately went to the theatres.
Foreign films are thougies; for the most part, since I have no clue where foreign film stores are, the net's the only way to find them. Case in point: Raise the Lantern. I guess one way to make up for that is to go and watch the next film by Zimou. At least that way you give back to him and support foreign films. If a foreign film plays at a theatre near me, I go watch it. I mean, you gotta support that industry.
Btw, downloading can have its advantages, in that it keeps you away from paying for BS. I will, for example, not pay for the next DW CGI. I'll check it out online, and if it is good, I might just watch it in theatres. Personally, I considered Shrek 2 an insult and a rip-off, so the way I see it, they owe me, not vice versa (I piad for Shrek 2, sadly).
I am with you 100% on this. Before a year ago, I rarely went to the theatres. Not because it's not a fun experience because it is, but because the prices can get to be a little much. So, with that said, when I got to see Shaun of the Dead, Saw, The Grudge, etc. online, I knew that these would be movies I would want to see. So, I went to the theatre, and got the full effect, and bought the DVDs. Hell, I don't know if I would have seen them in theatres if it weren't for downloading them first. If I know I'll love a movie, I'll see it. In many ways, they're getting more from me than they would have without downloading. Does it justify me watching bad movies and not paying a cent on them at all? Not really. But, the chances of me seeing those films in theatres are zero. Trying to explain that to someone else may not cut it, but hopefully you fine folks here understand. Either way, they're getting more from me than they would have before I downloaded movies.
_________________ Ecks Factor: Cancelled too soon
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Mon Feb 07, 2005 3:15 pm |
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torrino
College Boy T
Joined: Mon Oct 11, 2004 7:52 pm Posts: 16020
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I'm happy to say that 90% of the music on my iPod is legal. I either bought it (from the iTunes store), ripped it from tapes (in ONE case) or CDs, or it came from my own shelf...
It isn't illegal to download the files, though. Although we do know that they aren't legitamate files, downloading from someone else only makes you susceptible to their words. If their words are at fault (let's say. they don't warn you that it isn't legal or they claim it IS legal), you can't REALLY be held responsible. Sharing, in any form, is illegal.
I see rationality in the reasons most argue for. However, the RIAA and MPAA are waaay too corrupt (with the rating systems, etc) that I honestly don't care. I download the ocassional movie (I've watched four, I think) but I usually end up buying the movie anyways or seeing it in theatres. I make my contribution for the sake of my conscience because I know it's wrong, but I also know that I'm impatient and CAN'T wait.
If you look on the vcdquality.com forums, there's one guy who downloaded an indie (L.A. Twister), raved about it, and then his review was featured ON the main page. Later, the director joined the forum (moderators checked the actual e-mail address) and complimented the fact that people were finding a way to see his movie, even if illegal. In fact, he posted the movie online because of it (password needed that requires knowledge of the film. I dunno what it is, but I don't plan to watch it until DVD anyways  ) and the whole website is getting a link (and a DVD feature about piracy) when the DVD is released.
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Mon Feb 07, 2005 4:47 pm |
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Anonymous
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torrino wrote: I'm happy to say that 90% of the music on my iPod is legal. I either bought it (from the iTunes store), ripped it from tapes (in ONE case) or CDs, or it came from my own shelf... It isn't illegal to download the files, though. Although we do know that they aren't legitamate files, downloading from someone else only makes you susceptible to their words. If their words are at fault (let's say. they don't warn you that it isn't legal or they claim it IS legal), you can't REALLY be held responsible. Sharing, in any form, is illegal. I see rationality in the reasons most argue for. However, the RIAA and MPAA are waaay too corrupt (with the rating systems, etc) that I honestly don't care. I download the ocassional movie (I've watched four, I think) but I usually end up buying the movie anyways or seeing it in theatres. I make my contribution for the sake of my conscience because I know it's wrong, but I also know that I'm impatient and CAN'T wait. If you look on the vcdquality.com forums, there's one guy who downloaded an indie (L.A. Twister), raved about it, and then his review was featured ON the main page. Later, the director joined the forum (moderators checked the actual e-mail address) and complimented the fact that people were finding a way to see his movie, even if illegal. In fact, he posted the movie online because of it (password needed that requires knowledge of the film. I dunno what it is, but I don't plan to watch it until DVD anyways  ) and the whole website is getting a link (and a DVD feature about piracy) when the DVD is released.
I urge anyone reading this not to take torrino's words as a legal advice. Downloading copyrighted material is most certainly illegal in the U.S., so if you don't want to get in trouble, don't do it.
Granted, enforcement is a very hard thing to do with downloading MP3's, but you shouldn't count on that always being the case.
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Mon Feb 07, 2005 4:51 pm |
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torrino
College Boy T
Joined: Mon Oct 11, 2004 7:52 pm Posts: 16020
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Wait...
So are you saying I can be prosecuted for downloading, say, an Eminem cd? What if my "friend" never told me it was illegal!?
Unless the files claim that they're illegal or something, can a being really be prosecuted (and found faulty...yeah, they probably knew, but still, judging by the law...) for downloading something?
Leme see the law 
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Mon Feb 07, 2005 4:56 pm |
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Anonymous
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http://www.copyright.gov/title17/92chap5.html#501
(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term "anyone" includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.
§ 106. Exclusive rights in copyrighted works36
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Basically, you're reproducing a copyrighted work when you download a song.
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Mon Feb 07, 2005 5:04 pm |
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torrino
College Boy T
Joined: Mon Oct 11, 2004 7:52 pm Posts: 16020
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That refers to the people who create copies. Reproduce means to, well, RE (again) produce. By acquiring a "reproduced" copy via downloading, you aren't breaking the law.
Wouldn't that law mean that people can't make copies, period? Even if they own the liscense? Because, that'd be quiiite crummy if I can't back up my own crappy cds.
That would make iPods useless, unless you buy all music from the iTunes store. Since, if what I wrote above is true, copying your own CDs (reproducing) isn't legal. And, by copying something on a CD to put on your own iPod, you're breaking the law on reproducing copyrighted music...
Get rid of 'dem iPods.
Last edited by torrino on Mon Feb 07, 2005 5:16 pm, edited 1 time in total.
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Mon Feb 07, 2005 5:12 pm |
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Anonymous
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There is a separate law (called "fair use") that lets you make copies of the works you own for personal use.
When you download, you most definitely create a new copy of the song.
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Mon Feb 07, 2005 5:14 pm |
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torrino
College Boy T
Joined: Mon Oct 11, 2004 7:52 pm Posts: 16020
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When you download, Krem, you aren't making a new copy of the song, you're downloading the copy. You're acquiring the copy. You're RECEIVING the copy. But, you PERSONALLY had nothing to do with the reproduction, outside of kicking a button.
Think of this situation as actual reproduction. Think of slimy sperm. The sperm go out and "catch" things on their way. The things they touch are just being hit with it all. But are they responsible for the reproduction? Nope.
I guess the egg can act as the RIAA, alone in a world surrounded by millions of those spreading thingies...
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Mon Feb 07, 2005 5:23 pm |
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Anonymous
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Just because it's hard to enforce it, doesn't change the fact that downloading copyrighted works without the copyright owner's consent is illegal.
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Mon Feb 07, 2005 5:29 pm |
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torrino
College Boy T
Joined: Mon Oct 11, 2004 7:52 pm Posts: 16020
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The law you cited doesn't work. I've already told you that. Downloading does NOT equate to reproducing a file. You aren't inventing or creating a second time. You're simply receiving the already existing one.
If someone throws a xerox of sheet music at me, is it illegal for it to be in my possession? If I buy a bootleg, not knowing the rules and dvd "street" dates, am I at fault?
It's impossible to prosecute someone for DOWNLOADING a movie/album/song unless they are told that downloading such is illegal, ya know.
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Mon Feb 07, 2005 5:36 pm |
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El Maskado
Arrrrrrrrrrgggghhhhhhhhhh!
Joined: Tue Oct 12, 2004 8:17 pm Posts: 21572
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I just find it hyprocritical that some of the posters find that downloading one venue of entertainment is wrong while the other isnt. Im talking about music and movies where people who download music find downloading movies wrong and vice versa. I would say its the industry that brought it upon themselves for not taking advantage of the internet technology years ago. Its why the record industry is losing alot of profit because 6 years ago, they never lowered the price of CDs even though i takes less than a dollar to manufacture them. Heck CDs are almost the same price as DVDs and DVDs offer more features. Its funny how the musicians who dont mind people downloading their music arent the big giant puppets like Garth Brooks or Metallica so I think greed is involved in alot of these bigger musicians. Heck do you guys remember when Garth Brooks tried to stop stores from selling second hand cds but got a big backlash against it. I feel the same way about the movie industry who hasnt taken advantage of the internet and offered viewings on your local tv by subscribing to them. As for downloading hurting movies, you do notice how crappy the quality of cam recorded movies are and they take days to download and then you could also have a chance to disconnect and lose your queue. You might as well just spend $7 on the theater itself.
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Mon Feb 07, 2005 5:38 pm |
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Anonymous
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El_masked_esteROIDe_user wrote: I just find it hyprocritical that some of the posters find that downloading one venue of entertainment is wrong while the other isnt. Im talking about music and movies where people who download music find downloading movies wrong and vice versa. I would say its the industry that brought it upon themselves for not taking advantage of the internet technology years ago. Its why the record industry is losing alot of profit because 6 years ago, they never lowered the price of CDs even though i takes less than a dollar to manufacture them. Heck CDs are almost the same price as DVDs and DVDs offer more features. Its funny how the musicians who dont mind people downloading their music arent the big giant puppets like Garth Brooks or Metallica so I think greed is involved in alot of these bigger musicians. Heck do you guys remember when Garth Brooks tried to stop stores from selling second hand cds but got a big backlash against it. I feel the same way about the movie industry who hasnt taken advantage of the internet and offered viewings on your local tv by subscribing to them. As for downloading hurting movies, you do notice how crappy the quality of cam recorded movies are and they take days to download and then you could also have a chance to disconnect and lose your queue. You might as well just spend $7 on the theater itself.
If you download DVD-screeners, the quality doesn't suffer ;-)
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Mon Feb 07, 2005 5:42 pm |
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Anonymous
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torrino wrote: The law you cited doesn't work. I've already told you that. Downloading does NOT equate to reproducing a file. You aren't inventing or creating a second time. You're simply receiving the already existing one.
If someone throws a xerox of sheet music at me, is it illegal for it to be in my possession? If I buy a bootleg, not knowing the rules and dvd "street" dates, am I at fault?
It's impossible to prosecute someone for DOWNLOADING a movie/album/song unless they are told that downloading such is illegal, ya know.
Not knowing the law does not mean you haven't commited an illegal act.
However, if you buy or get something and you are under impression that you're getting a legal copy, you're not at fault. When you're downloading stuff off the Internet, though, it's very hard to argue that you thought you were getting legal songs for free.
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Mon Feb 07, 2005 5:45 pm |
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Mister Ecks
New Server, Same X
Joined: Wed Oct 13, 2004 7:07 pm Posts: 28301 Location: ... siiiigh...
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It does not take days if you have a good internet speed. If you have a lot of people seeding, it's usually within the day, and usually within a few hours, depending on the size of the file. And yes, the ones taken from theatres usually suck a lot. But, I still stand by my reasoning that I actually pay more now for movies than I did, say, three years ago, because when I see a good movie here, I go and pay the money for it. How that would hold up in court is a different matter, though.
_________________ Ecks Factor: Cancelled too soon
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Mon Feb 07, 2005 5:49 pm |
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Anonymous
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Mr. X wrote: It does not take days if you have a good internet speed. If you have a lot of people seeding, it's usually within the day, and usually within a few hours, depending on the size of the file. And yes, the ones taken from theatres usually suck a lot. But, I still stand by my reasoning that I actually pay more now for movies than I did, say, three years ago, because when I see a good movie here, I go and pay the money for it. How that would hold up in court is a different matter, though.
There are courts in Canada???
I thought you guys had no crime.
Damn you, Michael Moore!!
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Mon Feb 07, 2005 5:55 pm |
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TonyMontana
Undisputed WoKJ DVD King
Joined: Thu Oct 14, 2004 8:55 am Posts: 16278 Location: Counting the 360 ways I love my Xbox
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I'm not a fan of downloading any media, and I personally will not do either.
If I'm not mistaken, full versions of DVDs (even before they are released) are available now on net, and I heard they look as good as store bought DVDs. I remember seeing a story that said the complete Shrek 2 DVD was leaked in all it's glory months before it's release on store shelves. So, it's not just your crappy hand-held camera footage that is being released.
There seems to be an alarming number of people that feel they are entitled to steal these forms of entertainment simply because the studios are "greedy". I think that's bullshit. Wal-Mart is greedy... does that entitile you to go steal from their store shelves?
As for DVDs, they are really reasonably priced. Most new releases you can find on sale when they are released for around $15-$18. And, there are TONS of great titles out there under $10. I just don't see the justification for stealing them.
I guess I'm just a purist. I have a massive CD and DVD collection and would never taint it with cheap knock-offs that I stole.
_________________
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Mon Feb 07, 2005 6:07 pm |
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Box
Extraordinary
Joined: Sat Oct 16, 2004 12:52 am Posts: 25990
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The Shrek 2 DVD file was 4.5GB big. Why anyone would be dumb enough to download that piece of crap is beyond me. Yeah, it's perfect quality, but the film is horrible. That file was available in August, I think.
ROTK, btw, was out months before the DVD as well, in Feb or March, I think. Perfect DVD quality. One of the competitions among those pirates now is to get DVD-quality files out there before the film's theatre release. So you actually get DVD-quality files before the film has even hit theatres.
I don't burn the files, btw. For one, I don't have a DVD burner, so the big files are gone. The other thing is that I hardly ever watch a film twice. Lastly, as I said in my previous post, I download those film I'd never pay to see anyways. If I'm not willing to pay for them, why the hell would I want to have them in my collection?
_________________In order of preference: Christian, Argos MadGez wrote: Briefs. Am used to them and boxers can get me in trouble it seems. Too much room and maybe the silkiness have created more than one awkward situation. My Box-Office Blog: http://boxofficetracker.blogspot.com/
Last edited by Box on Mon Feb 07, 2005 6:22 pm, edited 1 time in total.
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Mon Feb 07, 2005 6:20 pm |
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Mister Ecks
New Server, Same X
Joined: Wed Oct 13, 2004 7:07 pm Posts: 28301 Location: ... siiiigh...
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TonyMontana wrote: I'm not a fan of downloading any media, and I personally will not do either.
If I'm not mistaken, full versions of DVDs (even before they are released) are available now on net, and I heard they look as good as store bought DVDs. I remember seeing a story that said the complete Shrek 2 DVD was leaked in all it's glory months before it's release on store shelves. So, it's not just your crappy hand-held camera footage that is being released.
There seems to be an alarming number of people that feel they are entitled to steal these forms of entertainment simply because the studios are "greedy". I think that's bullshit. Wal-Mart is greedy... does that entitile you to go steal from their store shelves?
As for DVDs, they are really reasonably priced. Most new releases you can find on sale when they are released for around $15-$18. And, there are TONS of great titles out there under $10. I just don't see the justification for stealing them.
I guess I'm just a purist. I have a massive CD and DVD collection and would never taint it with cheap knock-offs that I stole.
That's good, Tony. And you're right. Just full DVDs do shit for me, as I have no DVD burner. VCD sucks, so I only do that for TV shows (even those rarely turn out right). Hopefully you can see the logic in what I say, too... or our budding romance will never develop. 
_________________ Ecks Factor: Cancelled too soon
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Mon Feb 07, 2005 6:21 pm |
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Box
Extraordinary
Joined: Sat Oct 16, 2004 12:52 am Posts: 25990
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bABA wrote: box .. if i may ask .. how was catwoman...
I hope to write a scathing review by the end of this week that will totally rip the film to shreds. To say that it is bad is to put it mildly. I am currently mustering up all my courage to be as ruthless as possible. I want all those involved with the film to cry like they were 5 years old (the quality of the film leads me to believe that their mental capacity is not much greater than that of toddlers) upon reading the review.
Oh, and btw, I think that Catwoman the film might well be the single greatest argument in support of the death penalty that has ever been laid out. We must find some way to put an end to such films, and if we have to take an extreme stance, so be it. Trust me, no one will come to the defense of that Pitof-ul idiot.
_________________In order of preference: Christian, Argos MadGez wrote: Briefs. Am used to them and boxers can get me in trouble it seems. Too much room and maybe the silkiness have created more than one awkward situation. My Box-Office Blog: http://boxofficetracker.blogspot.com/
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Mon Feb 07, 2005 6:25 pm |
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Anonymous
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Tony, here's my take on this: no, I don't feel anyone is greedy (and I don't think of greed as being bad anyway). I think everyone tries to make as much money as he/she can, and that's not a bad thing. I am simply of the opinion that creative work is very different from physical goods. When you steal a car, the owner of that car does not have it anymore. When you download a song, it's just another copy created; no material goods has been take away.
You can argue about lost profits, but I do not believe the government should try and enforce business models of companies using the taxpayers' money. Companies should be savvy enough to work without government looking out for them. Would it be alright for the government to ban public libraries because the book publishers are losing money? Should the government force everyone into closing the blinds during a sunny day so that electric companies can make some profit?
There are ways to prevent copying of works without resorting to the legal system - the surest one of them is not releasing your works to the public.
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Mon Feb 07, 2005 6:28 pm |
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torrino
College Boy T
Joined: Mon Oct 11, 2004 7:52 pm Posts: 16020
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box_2005 wrote: bABA wrote: box .. if i may ask .. how was catwoman... Trust me, no one will come to the defense of that Pitof-ul idiot.
Sharon Stone might. After all, he did give her SOME work...
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Mon Feb 07, 2005 6:41 pm |
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Dr. Lecter
You must have big rats
Joined: Sat Oct 16, 2004 4:28 pm Posts: 92093 Location: Bonn, Germany
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torrino wrote: box_2005 wrote: bABA wrote: box .. if i may ask .. how was catwoman... Trust me, no one will come to the defense of that Pitof-ul idiot. Sharon Stone might. After all, he did give her SOME work...
Your post was the 50,000th post of this forum, by the way 
_________________The greatest thing on earth is to love and to be loved in return!
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Mon Feb 07, 2005 6:42 pm |
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torrino
College Boy T
Joined: Mon Oct 11, 2004 7:52 pm Posts: 16020
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Dr. Lecter wrote: torrino wrote: box_2005 wrote: bABA wrote: box .. if i may ask .. how was catwoman... Trust me, no one will come to the defense of that Pitof-ul idiot. Sharon Stone might. After all, he did give her SOME work... Your post was the 50,000th post of this forum, by the way 
Mwah. Now I get my own little place in the WOKJ record books...
Take that, mom! You never had faith in me to accomplish ANYTHING except to make a mark in the Guinness book for something disgusting...
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Mon Feb 07, 2005 7:01 pm |
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Box
Extraordinary
Joined: Sat Oct 16, 2004 12:52 am Posts: 25990
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torrino wrote: box_2005 wrote: bABA wrote: box .. if i may ask .. how was catwoman... Trust me, no one will come to the defense of that Pitof-ul idiot. Sharon Stone might. After all, he did give her SOME work...
If her performance is any indication, that work will have been her last. We can only hope.
_________________In order of preference: Christian, Argos MadGez wrote: Briefs. Am used to them and boxers can get me in trouble it seems. Too much room and maybe the silkiness have created more than one awkward situation. My Box-Office Blog: http://boxofficetracker.blogspot.com/
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Mon Feb 07, 2005 7:23 pm |
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