RE: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringementcase

[Noah silva <nsilva(at)atari-source.com>]

> > (also, this doesn't apply to videos?  Those are "licensed" to
> > blockbuster?)
> 
> Yeah, this still bugs me.  I can't rent a copy of, say, Elvis Costello and
> the Brodsky Quartet doing The Juliet Letters on CD, but I can rent the
> video.

Well CDs aren't phono-records.. not in the same sense as when the
"phono-records" were popular.  According to a previous poster, CDs must be
"programs" since they are data that can make the computer achieve a
certain result (playing music).  (not that I agree with that, I would say
they are pure data).

What about Video CDs? same exact medium.. different data.
What about ISO9660 CDs with WAV files?
What about Video CDs with no (or all black) video.

So I can rent a music video (which has more content), but not the audio
only portion of it.

> I can't rent a CD of the soundtrack to Jonathan Demme's Robyn Hitchcock
> concert film, Storefront Hitchcock, but I can rent the DVD.
> 
> Just nonsense.  Why does "phonorecord-with-pictures" get a different
> treatment?

I think these laws will have to change.
It was Audio vs. video, not it's Audio vs. Video vs. Data.
 
> > Again, you could sell and accept returns minus a "restocking" fee
> > instead.
> 
> Right, that's my idea (well, the shop-down-the-way-that-sells-porn's idea,
> anyway).
> 
> I think that'd be fine.

I don't even think a court could complain, since the people _could_ keep
them if they wanted.

  -- noah silva