[SATLUG] Man arrested for copying his own CD's

herb cee hc at lookcee.com
Fri Jan 4 23:52:11 CST 2008


John Chalinder wrote:
> Even so:
>
> "The Copyright Office can neither determine if a certain use may be 
> considered "fair" nor advise on possible copyright violations. If 
> there is any doubt, it is advisable to consult an attorney."
>
> Which only means that it comes down to whether you can afford a good 
> enough lawyer to get a ruling in your favor over the high priced fancy 
> corporate lawyers; and, sometimes, whether you have the patience and 
> financial 'staying power' to battle it out in court with a corporation 
> that can well afford to tie the case up in court for years. Most drop 
> out due to lack of ability to afford the legal fees for a protracted 
> fight.
>
> "The law is a matter of interpretation. And, of course, it is the 
> King's men doing the interpreting." Robin of Locksley

Yes John, that is the opening that RIAA uses in nearly 30000 *lawsuits 
filed* so far ... they will settle for $2500 on most since you are 
correct the average employed worker would be advised by his attorney to 
pay it and would try to get a payment plan set up. because you will 
constantly be hauled in to respond to motions that drive the billing up 
several times a year.

It does need to be decided if copyright extends beyond the actual 
selling of the data. as it stands you can be convicted for intent not 
actual, the precedent is most dangerous. jail for maybe thinking about 
an action.

herb
>
>
> On Fri, 04 Jan 2008 21:21:45 -0600
> herb cee <hc at lookcee.com> wrote:
>> Brian Lewis wrote:
>>> Actually, "fair use" hasn't been determined by a court yet, so we 
>>> can only speculate as to what fair use is.
>>
>> Your statement is false according to the .gov site this law is codified
>>
>> Although fair use was not mentioned in the previous copyright law, 
>> the doctrine has developed through a substantial number of court 
>> decisions over the years. This doctrine has been codified in section 
>> 107 of the copyright law.
>> http://www.copyright.gov/fls/fl102.html
>>
>> Would you please site your source?



More information about the SATLUG mailing list