RE: [dvd-discuss] Slightly OT - Japanese copyrights

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

You don't have to buy another car to prove that you owned the one that was 
wrecked.

I'm certain the studios believe that ownership of the original means the 
right to own a copy and if you don'thave the original any copy you make 
must be illegal but the problem with that is that the right to ownership 
occurs at the time of purchase. That right is irrevocable whether you have 
the original or not. So....if I own a copy and not an original it is NOT 
up to me to prove my innocence it is up to whomever accuses me of piracy 
to prove that I have done so.




Richard Hartman <hartman@onetouch.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
02/28/02 12:13 PM
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        Subject:        RE: [dvd-discuss] Slightly OT - Japanese copyrights



> -----Original Message-----
> From: Noah silva [mailto:nsilva@atari-source.com]
> Sent: Thursday, February 28, 2002 11:52 AM
> To: 'dvd-discuss@eon.law.harvard.edu'
> Subject: RE: [dvd-discuss] Slightly OT - Japanese copyrights
> 
> 
> > 
> > If you sell the original, you are obligated to either
> > turn over to the new owner or destroy any "personal use" 
> > copies you have made.  You no longer have the rights to 
> > the work that made the personal use copies legitimate.
> 
> That's exactly what I thought.  Which I suppose means that if 
> you sold the
> copy, you would have to transfer the original or destroy it? 
> Or if it was
> already destroyed?
> 

Now there you got me.  I suppose an argument could be made
that the original is the physical embodyment of the "right
to use" that you have been granted, and that if it is destroyed
it's like if your car is destroyed: you have to buy a new
one.  Even your MD copy would no longer be legitimate (although
you could probably keep it and no one would know or care) ... but
selling it would be right out.

Just my evaluation of the issues involved.  IANAL ...

-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi./sec ... not just a good idea, it's the LAW!