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

["Ernest Miller" <ernest.miller(at)aya.yale.edu>]

I gave a speech to that effect in Italy last year - Napster Bad, Aimster
Good

----- Original Message -----
From: "Richard Hartman" <hartman@onetouch.com>
To: <dvd-discuss@eon.law.harvard.edu>
Sent: Thursday, February 28, 2002 1:00 PM
Subject: RE: [dvd-discuss] Slightly OT - Japanese copyrights


>
>
> > -----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!