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RIAA is Over-Reaching
I agree that the Betamax time-shifting decision was a very big deal. I don't think it has much to say for open-source software, since software wasn't even subject to copyright until the 1976 copyright revision. When that was done there were special provisions concerning backups, the different between ephemeral and copies fixed in a medium, etc.

Also, it is the very fact that an open-source author has the seven exclusive rights that allows open-source copyright licenses to be crafted the way they are.

Now with regard to the RIAA suit and the popular press and public fixation on only one of the claimed causes of action (one likely to be dismissed or ignored by the court), it appears that the Washington Post has done us all a disservice.

The main claim in the suit that is causing the uproar is that all of those files that were ripped to the fellows computer were ripped to a Kazaa-shared folder. So they were posted to the internet, that is how the claimed violation was discovered, and that is going to be the sticky point when they get to court, if that happens.

The business about the ripping also being an infringement is apparently one of those additional pile-on lawsuit claims that the RIAA lawyers should be fairly embarrassed about, around now. I doubt that they want to risk being handed down a betamax-like precedent in court or on appeal.
Posted by: orcmid   Posted on: 01/01/08 You are currently: a Guest | Members login | Terms of Use
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RIAA is Over-Reaching  orcmid | 01/01/08
I agree...  ju1ce | 01/03/08
Open Source and Water  no_zd_user_name | 01/01/08
Download Uproar: Record Industry Goes After Personal Use  B.O.F.H. | 01/01/08
One little issue there  gene_fitz@... | 01/06/08
RE: Could open source exist without the Betamax case?  preachjohn | 01/01/08
Oh, that's so wrong!  pglaskowsky | 01/01/08
Oh Realllly  LWEM | 01/02/08
My 2 cents  voska1 | 01/02/08
wrongish  Clewin | 01/02/08
While you're right about P2P  maldain | 01/02/08
Your Homework Isn't Finished  dumptux | 01/02/08
fees on media  Clewin | 01/02/08
I believe...  ju1ce | 01/03/08
About open source  DannyO_0x98 | 01/02/08
The author of this piece appears to be confused about Copywrite Law.  B.O.F.H. | 01/02/08
It's "copyright", not "copywrite"  bmeacham98@... | 01/02/08
"and" is important  bmeacham98@... | 01/02/08
Their business model is falling apart...  Omch'Ar | 01/02/08
RE: Could open source exist without the Betamax case?  pavka@... | 01/03/08
Classic straw man argument  d_a_keldsen@... | 01/16/08

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