iPod May Become Next Fair-Use Battleground

cy

Flashaholic
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Dec 20, 2003
Messages
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USA
iPod May Become Next Fair-Use Battleground

"USA Today is reporting on a trend of selling iPods on eBay which are preloaded with music and movies. This raises interesting questions about the legality of the files, including those that offer seemingly legitimate services of transcoding DVDs for the iPod video (while selling you the DVD disc as well)." An example from the article: "A 60-gigabyte video iPod loaded with 11,800 songs, with a starting bid of $799. The iPod alone would cost about $400. 'I don't see how it's different than selling a used CD,' seller Steve Brinn, a Cincinnati pediatrician, wrote in an e-mail to USA TODAY. 'If the music industry asked me not to do it, I just wouldn't do it.'"

http://apple.slashdot.org/apple/06/01/24/2111241.shtml
 

Lit Up

Flashlight Enthusiast
Joined
Jan 8, 2006
Messages
1,231
If you think that's bad, do a little research on the upcoming Windows Vista.
That was the final catalyst that pushed me over to Linux.

'Is this 3rd party software Microsoft approved? We're sorry, DENIED!'

And yes, there was a little article on the Microsoft website regarding Hollywood.
 

Ras_Thavas

Enlightened
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Nov 4, 2005
Messages
455
Location
Virginia
'I don't see how it's different than selling a used CD,'

It is much different than selling a used CD.

When you sell a used CD you no longer have the CD. When you fill up a hundred I-Pod's with music you ripped from CD's then you are pirating the music. Unless you also sell a copy of the original CD with the I-Pod, which I doubt you could do for the price quoted.

I'm not a huge fan of the current DCMA, but this does not help the cause of people who want to have fair use of their media.
 

Donovan

Enlightened
Joined
Jan 6, 2005
Messages
420
Location
North Metro Atlanta, Georgia
Ras_Thavas said:
It is much different than selling a used CD.

When you sell a used CD you no longer have the CD. When you fill up a hundred I-Pod's with music you ripped from CD's then you are pirating the music. Unless you also sell a copy of the original CD with the I-Pod, which I doubt you could do for the price quoted.

I'm not a huge fan of the current DCMA, but this does not help the cause of people who want to have fair use of their media.
Actually it should be exactly the same as selling a used CD...
You are assuming (just like the RIAA wrongly does ALL the time) that the music on the ipod was ripped from a cd and/or was pirated. Just because music is in the form of an MP3 or MPEG-4AAC file does not make it bad, wrong, illegal or pirated. it could have easily been bought and paid for from an online music service.

For example I purchase my music from WWW.ALLOFMP3.COM and get legal songs without all those DRM restrictions added in. Plus I get it for much less than the $.99 from Itunes. If I purchase a song be it from a CD or online, I have the right to copy, backup, recompile for my own personal use. That is called fair use and that is what is wrong with the current DCMA!
 
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