Patrick Elliott wrote:
> On 1/20/2011 2:10 PM, Darren New wrote:
>> Patrick Elliott wrote:
>>> you could, for legit use, photocopy pages out of a book, for a
>>> classroom, or to show someone, etc., as long as you don't *sell* the
>>> book, or its pages, to someone else.
>>
>> That's not actually the case, and never has been.
>>
> Fair use. You mention it yourself soon after.

Yes. But it's not just "if you're not selling it, it's OK." That's a common 
mistake people have. Photocopying an entire article out of a magazine and 
giving it out to your class for free is *not* fair use.

> All well and good, but, in a practical sense, this is meaningless for 
> "digital" content.

Not really. People just get in trouble because they're making copies 
illegally. Show me someone who has been sued for ripping a CD he owns so he 
can listen to it himself, without giving either to anyone else.

>> Yes. That's called "public performance", and it's not one of the legal
>> rights you get when you purchase the content.
>>
> Oddly, reading a book isn't "public performance". Even if you put it 
> under a projector it probably wouldn't be. On the other hand.. plug your 
> iPad into a big display on a wall... Would it?

Note that it's more "public" in question than "performance". Certainly 
getting up on stage in front of a crowd and reading poetry from a book is 
public performance.

>>> They could, in principle, even deny you the right to what you already
>>> have, if they put in a clause for it, rent it to you (I mean WTF),
>>> and, more to the point, stop supporting the device, in effect, denying
>>> your right to ***everything*** you bought that is on it.
>>
>> This isn't true, as I understand it. I'm sure there are loopholes and
>> such, and that it's more complex than either of us are giving credit
>> for, but the intention isn't to keep you from playing stuff you legally
>> own.
>>
> The biggest "loophole" is, if the software stops working, or the server 
> goes down, even if they promised to let you replace a copy, if you lost 
> the local one, you lose the thing you bought. So, no, I am quite correct 
> in this.

You were talking about something different. I was talking about the 
legality, you're talking about the technology.

> Same with "giving/selling the original". Try that with an eBook...

That's certainly harder without support from the vendor.

-- 
Darren New, San Diego CA, USA (PST)
   Serving Suggestion:
     "Don't serve this any more. It's awful."

Post a reply to this message