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



Now I like that last part ;)

You STILL can't buy some PCs without windows installed.  Since MS couldn't
legally stop people from buying PCs and selling the copy of windows that
came with it. (and since, by law, they have to give you the software on
some backup medium) They started encoutraging PC makers to install it on a
"backup" partition of the hard drive instead of the CD so it would be more
difficult to sell.  So when I get my laptop, rip the software off that
partition and sell it, will they sue me?  Are they trying to say I have to
sell the hard drive? the laptop?  It seems to me that this type of tying
was specifically prohibited by earlier injunctions against them.

 -- noah silva

On Thu, 28 Feb 2002, Ballowe, Charles wrote:

> 
> 
> > -----Original Message-----
> > From: Richard Hartman [mailto:hartman@onetouch.com]
> > Sent: Thursday, February 28, 2002 2:13 PM
> > To: 'dvd-discuss@eon.law.harvard.edu'
> > Subject: RE: [dvd-discuss] Slightly OT - Japanese copyrights
> > 
> > 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.
> > 
> Well -- but you had every right to make a copy of your car and 
> continue using that after the original was destroyed. Though, I
> think patent law would prevent you from selling a copy of a 
> chevy.
> 
> Now, I lost about 60 CDs a few years ago -- I think they just
> got packed off somewhere, but can't find them. I had ripped most
> of them to MP3 and don't feel bad keeping the MP3s around for my
> use, nor do I feel that it is in any illegal for me to possess them.
> They are fair use copies, and I never transfered the original to 
> another person.
> 
> The thought that this might fail if the originals were stolen from
> me seems to be eliminated by the fact that the thief gained no
> title to the stolen copies. Even if they were stolen, pawned, purchased,
> resold to a used music store ... I still retain my rights to that copy.
> (Of course the purchaser of that copy might also feel the same way,
> but would be unjustified, legally.)
> 
> and while it's on my mind -- not quite related...
> What does the law say about taxing a licensing fee -- does sales tax
> apply? If not, could one go buy a copy of WinXP, then take the store 
> to court for charging sales tax on a licensing fee and force the state
> to declare that it was a sale and not a licensing transaction? (Or the
> other way around, in which case the person could get their sales tax
> back.)
> 
> -Charlie
>