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Re: Update for Roy, since he never corrects errors in his stories

On Mon, 20 Jul 2009 12:30:12 -0500, Erik Funkenbusch 
<erik@xxxxxxxxxxxxxxxxxxxxxx> wrote:

> On Mon, 20 Jul 2009 12:45:58 -0400, Bob Hauck wrote:
>
>>> It may not be impossible to retrieve them.  For instance, if the 
>>> customer paid for the book with a credit card or paypal or any other 
>>> kind of electronic payment (which is the only way to buy anything from 
>>> Amazon anyways), the customer could be sued by the rights holder to 
>>> turn over his copy, resulting in a possible judgement if they failed 
>>> to do so, which would go on their credit report.

>> I think you are mistaken.  The customer did not violate the copyright, 
>> the seller did.  Any remedies would necessarily be against the seller.
>> 
>> More to the point...has this EVER happened as you describe?
>
> I seem to recall the case where a small number of Harry Potter books went
> on sale before they were supposed to, and there was some significant legal
> manuevering over it.  I don't recall all the details, though.. 

So you have no idea, you just made up a nice scary story.


>> Your great love for DRM-encumbered products and outrageous actions by 
>> rights holders is duly noted.  Perhaps you should go work for the RIAA.
>
> No.  You misunderstand my position.  I believe in the right of any 
> software vendor, either free or not, to write any code they like that 
> does anything they like, including restricting content of protected 
> media, so long as it does not try to restrict unprotected media.

To on the one hand demand copyright of unlimited duration and new 
restrictions on traditional fair use, and then to throw on top of it 
intrusive "protection" schemes, then that is too much in my view.

DRM is especially pernicious because in some forms you lose access to 
content that you paid for because of events you cannot control, such as 
the vendor going out of business.  Or maybe you're down on your luck and 
can't afford an Internet connection for a while.  Sorry, you can't 
listen to those tunes you bought in the good times!

In addition, such content might never enter the public domain, 
representing a loss to the culture and society.  That is the opposite of 
the underlying purpose of copyright, which is to enrich the culture.

Perhaps vendors ought to be made to choose one or the other.  Trust in 
your DRM, or trust in the legal protections of copyright, but not both.


> This is where you anti-DRM people lose sight of the argument.  It's 
> within the rights holders rights to restrict the content.  But it's 
> within my rights not to buy that content.  Whether or not the product 
> i'm using enforces those rights is irrelevant to me, so long as it 
> doesn't try to restrict unencumbered media.

The problem comes if nearly everyone accepts DRM.  Then you and I are 
out of luck, there will be nothing to purchase.  That is why us anti-DRM 
folk argue so much against it.  We want to prevent that acceptance.


-- 
 -| Bob Hauck (Brother Nail Gun of The Short Path)
 -| http://www.haucks.org/

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