RE: [dvd-discuss] Copyright ranges

[Richard Hartman <hartman(at)onetouch.com>]

Responses interspersed.

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

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



> -----Original Message-----
> From: Thomas Olsson [mailto:dvd-discuss@armware.dk]
> Sent: Thursday, August 08, 2002 10:52 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] Copyright ranges
> 
> 
> In article 
> <E06ADA0073926048AD304115DD8AB6BC01239730@mail.onetouch.com>,
> Richard Hartman <URL:mailto:hartman@onetouch.com> wrote:
> > Although the output of their engine can not be 
> > copyright (by my criteria), it _does_ represent
> > the work of their tool.  It is not the output
> > per se that (I believe) they have the right to
> > control ... but the use of their tool (if you
> > can follow that distinction).
> 
> So when they say you can not make more than 1 local copy of their page
> etc., your opinion is that they don't have the right to demand that?

No, I think that is overreaching.

 
> > It is work that
> > was performed using _their_ resources and any
> > use made of the result that did not conform to
> > their requirements would be a "theft of services"
> > IMO.
> 
> If I save an AltaVista page, and then make copy of it, I have violated
> their rules. Is that "theft of services"? I don't need to go 
> anywhere near
> their services to make that second copy (or, for that matter, 
> to do a lot
> of the other things they try to forbid).

Again, I think that is overreaching.  If you took that copy
and posted it on your web site ... debatable.  If you embedded
a virtual include using a link that caused the search to be
re-done every time your page was displayed (especially w/ no
indication that you were accessing their search engine), that 
would be crossing the line. 

All of the above IMHO, of course.

> 
> I agree that they have the right to restrict any actual use of their
> machines, including automated queries etc., as long as you 
> are actually
> using their resources to do it. But apart from that, any use of the
> information you have received should be restricted by the law, and not
> their (much stricter) rules.

I think we are pretty much in agreement then.

> 
> > [snip]
> > > "You may make a single copy of the individual screens you see 
> > > when you use
> > > the Services, but only for your personal use. You cannot 
> distribute or
> > > transfer the copies to others in exchange for money or other 
> > > consideration.
> > > You may not - and agree not to - modify, reformat, copy, display,
> > > distribute, transmit, publish, license, create derivative 
>  works from,
> > > transfer or sell any information, products or services 
> > > obtained from the 
> > > Services, except as set forth below. This means that you may 
> > > not mirror the
> > > home page or results pages of the Site or any AltaVista Site 
> > > on your own Web
> > > site or Web page."
> 
> Regards,
> Thomas
> 
> -- 
> 	9876543210  Magic tab-o-meter.		http://www.armware.dk/
>          ^
>      The opinions expressed herein may not reflect official 
> RIAA policy.
>