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

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

> -----Original Message-----
> From: Ernest Miller [mailto:ernest.miller@aya.yale.edu]
...
> ----- Original Message -----
> From: "Charles Ballowe" <hangman@steelballs.org>
...
> > I'm missing something in the law. It may be creating a 
> derivative work,
> but
> > the derivative work isn't being sold, the service to create it is.
> 
> The problem is that the subtitles are themselves copyrighted. 
>  It would be
> the equivalent of - you send a book to me in English - I 
> print a Spanish
> translation between the lines and send it back to you.  The Spanish
> translation would be a derivative work.  Now it is legal to 
> have someone
> translate a copyrighted work for some purposes ... but not 
> for general sale
> to the public.

Again, it is not the derivative work that is on general sale 
to the public, but rather the translation service for a work
which is owned by the client (rather than the service provider).

A technicality, perhaps.  But a valid one (currently), I think.

> 
> I agree in the distinction between public and private distribution. I
> believe that Napster was public distribution because you are 
> sharing with
> the public, there is no discrimination.  Private distribution 
> would be with
> close friends via ftp or something, not generally available to anyone.
> 

This was the distinction between Napster and AIMster, IIRC.  
AIMster worked through AOL Instant Messaging, so you were only
sharing with people you knew.



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

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