There is nothing wrong with them doing what's best for themselves. The problem is that history has shown that they have no idea what is best for them. I don't recalling anyone saying that they didn't have the right to do what they did. We just pointed out how shortsighted and stupid their actions were.
You wouldn't own the copyright to the program because that would be categorized as a work-for-hire. Also most employment contracts contain a clause stating that everything you create on company time belongs to the company.
Only problem is none of them would read the law requiring them to read the law which violates the law to requiring them to read the law which would create a never ending circle.
Re: But... FREE only works if products are duplicable at trivial cost.
But that is the point. "Free" applies very well to things that aren't scarce because that is what there price is pushed towards anyway.
Companies like Wal-Mart have no use for free in this context because their products are scarce. I can't just walk into Wal-Mart, pull out my magic duplicator, and make my own copy of the t-shirt they are selling. That item is scarce and has a marginal production cost that is not 0.
I'm not sure you're right about that. Even as text-to-speech gets better, it will never be able to read a book in a dramatic fashion like many books on tape do. Most humans would rather listen to another human read the book, using inflections and emphasizing words to make the book more interesting. Text-to-Speech will not be able to reproduce those type of experiences. At least not for a long time.
Technically, they are a private business and aren't required to put it back up. I believe what you quoted is correct from the DMCA, but they aren't actually required to ever put things back up.
It discredits your argument that people are not doing something "normal and natural". It appears you thought it was "normal and natural" to copy the image from google to use as your image. If it's natural for you to copy that why is not natural for others to do the same?
Email is actually closer to 30 years old. The spec for SMTP was published in 1982. If that is still too new, it scares me to think what goes through the judges mind.
Re: mass exodus form the usa for web hosting begins
While that is likely to happen to some extent, I don't think it's necessary. The problem here was not due to the US. The FBI didn't request even the single site taken down. They only wanted to information on the poster so they could handle the person directly. I think this is actually a very reasonable response by the FBI. The problem was in Burst.net panicking and taking down not only the sight in question, but all of Blogetery. That was just a huge mistake on the part of Burst.net.
If any video game would give someone murderous tendencies, it would be The Sims. I know I thought of some pretty sadistic ways to kill my sims. Indoor fireworks is still the best.
Yet you are still ignoring the fact that the action done by the business was done for the purpose of financial gain. They play the music to attract more customers to their business, but they don't pay the license to save money.
There is no commercial gain in individual file sharing. The judge is pointing out that the business fine is less even though they are benefiting commercially from the infringement, where the individual fine is significantly more where there is no direct benefit (other than money from not paying for the songs).
I'm completely agree. Lets just say they uploaded the song to 100 people (probably actually very high as most people never get over about 5). So if you figure damages as $100 give or take and even say it was willful and award treble damages your still only talking $300 per song and this reduced reward is 7.5x that.
On the post: Best Buy Threatens Priest Over His God Squad Parody; How Does God Feel About Trademark Law?
Re: Re: Silly question...
On the post: Google vs. Google On Wireless Net Neutrality
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On the post: The Cycle Of Copyright: Originally A Tool For Censorship, Attempted As A Tool For Incentives... Back To A Tool For Censorship
Re: Censorship
On the post: Congress About To Pass 'The ______Act of____' (These Are The People We Elect?)
Re: read it
On the post: United Arab Emirates And Saudi Arabia Banning Blackberry Usage
Re: The paradox of security
I detect some redundancy in that state.
On the post: US 27th In Broadband Speeds? Slower Than Kyrgyzstan
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On the post: ASCAP Boss Refuses To Debate Lessig; Claims That It's An Attempt To 'Silence' ASCAP
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On the post: ASCAP Boss Refuses To Debate Lessig; Claims That It's An Attempt To 'Silence' ASCAP
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On the post: Reminder: Webinar On Smart Uses Of 'Free' For Businesses
Re: But... FREE only works if products are duplicable at trivial cost.
Companies like Wal-Mart have no use for free in this context because their products are scarce. I can't just walk into Wal-Mart, pull out my magic duplicator, and make my own copy of the t-shirt they are selling. That item is scarce and has a marginal production cost that is not 0.
On the post: Judge Bars Reporter From Publishing Legally Obtained Factual Info, Saying She Doesn't Care If It Violates First Amendment
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On the post: Surprising New DMCA Exceptions: Jailbreaking Smartphones, Noncommercial Videos Somewhat Allowed
Re: This is the one that surprised me ...
On the post: Reviewer Caught Posting Marketing Material As A Review... Uses DMCA To Takedown Site Of Guy Who Exposed Him
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On the post: Deutsche Bank Report Notes That It's Time To Rethink Copyright
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On the post: Court Refuses To Protect Whistleblower's Email Uncovered In Sham Lawsuit
Re: System.exit(2);
On the post: Blogetery Closure Due To Bomb-Making Tips; Still Not Clear Why Entire Site Went Down
Re: mass exodus form the usa for web hosting begins
On the post: Will Arnold Schwarzenegger Also Ban Kids From Riding Terminator 2 Theme Park Ride?
Re: I am also a mass murderer...
On the post: Looking More Closely At Judge Gertner's Constitutional Analysis Of Copyright Awards In Tenenbaum Case
Re: Re: Re:
There is no commercial gain in individual file sharing. The judge is pointing out that the business fine is less even though they are benefiting commercially from the infringement, where the individual fine is significantly more where there is no direct benefit (other than money from not paying for the songs).
On the post: Judge Says Damages In Tenenbaum Case Were 'Unconstitutionally Excessive'
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On the post: Judge Says Damages In Tenenbaum Case Were 'Unconstitutionally Excessive'
Re: What happens if they can't pay?
On the post: Newspaper Wants You To Pay To Comment
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