Dean FH Macy wrote:
>
> Roger Smith wrote:
>
> > MP3.com is a site that acted as a music bank for people who wanted to listen
> > material they already owned at home on CD. I understood that one of the
things MP3
> > had done was mechanically copy 80000 albums illegally, and making money off
them. No
> > money they were making was being returned to artist either.
>
> MP3.COM purchased 80k albums. For every album they purchased .07195 was paid
to the
> artist for each song on the album, the going rate. Nothing was illegal and
they paid
> money, not made money.
so they made an investment. but they are broadcasting, even
if only to one person at a time, and so royalties are due
for broadcasting that are diferent from buying recorded work
for personal use.
The reason MP3.COM bought the albums was to have the ability
> to match their copy to the account holder's album. The account holder had to
provide
> the name and the mfg. number of the album to enable playing of that album
back to
> their account. MP3 provided a service without charge to their listeners.
no, they charged their advertisers. It's still a business,
people dont setup multimillion dollar sites because they're
nice people.
> > So, each time they copied a CD to their hard drive, that there is a breach
of
> > copyright. Plus the fact they were making a a heap of money off recorded
works they
> > didn't own or have permission to use.
>
> Totally false assumption. There is no breach if the album is purchased
legally.
I dont think so. Copying is copying. And they weren'y making
copies just for personal use. Its a digital copy they had to
make, plus they are then altering that file through a
compresion method. That's not exactly legal either, without
permission.
Take a look on thye back of your CD's. I have many that say
"Unauthorized copying is prohibited by federal law". In all
seriousness that means if i want to make a tape of it, I
need to get the copyright holders permission. Hard to
enforece, adn a pain to police, adn most people can tbe
bothered. But its law, adn here was a situation where a
business was making big cash on stuff it didnty have a right
to use for that purpose without permission.
And
> where did you get the idea MP3 was making money? The service was NO CHARGE.
Humph!
humph yourself, "Dean FH Macy, Lit.D./Mus.D.". It's a site
to make the owners rich. You could invest in it for goodness
sake. Shares. Money was made through investment and
advertising. Sites dont just float on goodwill and freebies.
> I wrote,
>
> > It is amazing to me that this simple music bank technology could be twisted
so much
> > that the RIAA sued MP3 for copyright violations without having a clue as to
what was
> > actually happening.
>
> To which you answered:
>
> > They must have had enough clue for the courts to agree.
>
> As for our judicial system, most of the attorneys and judges don't have a
clue when it
> comes to music technology.
That's a big call. I wasnt aware you knew most of the
attorneys and judges in the judical system. I would make a
big bet many would be better read on the legal issues than
yourself.
> If an argument sounds reasonable the courts buy it.
courst dont "buy it". they try to ascertain the truth, then
those that are payed well foer the wisdon adn intellect make
an educated judgement on the case.
> Music
> tech is over their heads, unfortunately.
but music tech isnt outside the law. adn these people know
the law.
The side that puts on the best dog and pony
> show wins the blue ribbon. Sad for us, the RIAA, HFA and ASCAP has the money
and the
> talent to post the better show in the courts.
sometimes true, but it's still the law. And like it or not,
the mighty US of A, god bless it, has in its NSHO developed
what it belives to the *fairest*, though not perfect system
for serving justice, at this point in time. And wether
individuals disagree or not, as citizens of a country they
all come under the same laws. Its called a civilised world,
perhaps not perfect, but sure beats a few other options i
can think of.
i think most hear would feel different if they were cheated
out of money due to them because some interntet upstart
moved quicker than the law could. If people are making money
off me, i want some. That's fair.
Peace
Rodge
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