Re: [dvd-discuss] Movie Downloads, automatically illegal?

[Jeremy Erwin <jerwin(at)ponymail.com>]

On Friday, August 2, 2002, at 11:56  AM, Kroll, Dave wrote:

> Tim,
>
> I think you're buying into the "License" argument too much:
>
>>> What if I already wrecked a DVD of mine (leaving it in a hot tent,
>>> probably), and just want to obtain a replacement copy of a
>>> movie I already
>>> own?
>>
>> What about that book you dropped in the bathtub?
>> What about that car that you drove into a ditch?
>>
>> Replacement costs are on the consumer.
>
> The book I dropped in the bathtub, whatever condition it is in, did 
> convey
> to me the right to read the story.  So, I should be legally able to copy
> the book from someone else who has it.   The economics of the situation
> would probably not favor this outcome, but I can see nothing legally 
> wrong
> with doing so, if I choose to.
>
Prolonged exposure to EULAs may cause brain damage.

The purchase of a book does not convey a right to read. The purchase of 
a book conveys the right to treat the physical copy of the book as 
physical property.
Normally, it does not convey a right to copy-- those rights are reserved 
to the copyright holder. Nor does it convey a right to distribute 
derivative works...

The GPL is not a End User License Agreement. Just as anyone can pick up 
a book from the bookstore or library and start reading-- anyone can use 
a copy of emacs.

However, if you subsequently give emacs to someone else, you are 
infringing on the reserved rights of the copyright holder-- the FSF. If 
you modify emacs, and subsequently distribute this copy, you are 
infringing on the exclusive rights of FSF to crete derivative works. The 
GPL allows you these rights only if you abide by the terms of the 
license.

Similarly, if I was to create, and distribute , say a "fifth" "Harry 
Potter" book, I would probably be facing legal problems-- as  it would 
incorporate characters , events, places, found in the first four books, 
and thus be derivative of copyrighted works. (The "fair use" exemption 
might apply to "Barry Trotter" and similar parodies.)

If I bought the books-- and subsequently read them in the shower, my 
right to read the novel would be governed not by any legal license, but 
in my ability to discern words on a moldy, soggy page.

Now, had I been of sufficiently sound mind to make a "backup" copy 
somehow, I suppose I could read from that copy-- but selling or 
distributing  such a copy would probably be legally problematic.

Jeremy