01-25-2006, 11:31 AM
Hi,
My personal imagination of the ideal compromise between the rights of the producer of intellectual commodity, in the following called 'creator', and the rights of the persons who benefit from it, be it personal or commercial, in the following called 'user':
User buys commodity to use it, and doesn't yield a profit from leasing it to others - legal. Note that this includes commercial use, e.g. as a disc-jockey for his work (visitors want to dance in a disco, don't pay specifically for hearing the records. If they specifically pay for the use of the commodity (DVD-screening, Cinema etc.) the case is different), and non-commercial use at performances or group usages (parties etc.).
User backups commodity that he bought (1 backup) - legal.
User lets friends and family members use commodity that he bought - legal.
User lets friends and family members use backup of the commodity that he bought (temporarily) - legal.
User lets friends and family members use backup of the commodity that he bought (not only temporarily) - illegal.
User backups commodity more than once - legal.
User lets friends and family members use backups of the commodity that he bought (more than one backup, and not only temporarily) - illegal.
User uploads backup of the commodity he bought online, so that others can download it (for free or not) and use it for free (without control whether they are friends and whether it's temporarily) - illegal.
User uploads backup of the commodity he bought online with the purpose of letting friends of his use this backup temporarily and the assurance that no strangers have access to the backup (via password-protection, member-login or other adequate methods) - legal. Notice the difference to the case of mp3-exchange with strangers.
User uploads backup of the commodity he bought online with the purpose of letting friends of his use this backup, not only temporarily, and the assurance that no strangers have access to the backup (via password-protection, member-login or other adequate methods) - illegal.
User downloads backup of others (for free or not) to use it temporarily (e.g. as a preview to test whether the purchase of the commodity is worth it) - legal. Notice however, that the act of uploading to a site where 'strangers' can download things (for free or not) is considered illegal, see above.
User downloads backup of others (for free or not) to use it, not only temporarily - illegal.
User converts the commodity he bought to another format, and uses the converted backup (e.g. buys cd but has only a cassette deck in his car, thus converts the media) - legal.
User converts backups of commodities he bought to any format (e.g. wants to save space and converts the backups to lesser quality) - legal.
User gives away these converted backups to others (for free or not), not just temporarily (whether they are friends or not) - illegal. This case obviously refers to the exchange of mp3-files, via the internet or not.
User temporarily gives away these converted backups to others (for free) - legal, as long it is assured that the length of time is temporary.
User temporarily gives away these converted backups to others (yielding profit from it) - illegal.
So the essence is:
- You may backup things you bought.
- You may let friends of yours use these backups temporarily.
- You may not let them use the backups permanently.
- You may not gain profit from the usage of your backups by others. (You may not derive profit from leasing the commodity you bought to others.)
- You may use your backups and convert them.
This seems logical since you paid for the commodity, and thus are entitled to use it yourself in almost any way you want, as long as you don't derive profit from it.
Distributing a backup of sth. is severly restricted, i.e. it must be temporary and that has to be assured.
Well - it's just the way I would like to have it handled.
Greetings, Fragbait
My personal imagination of the ideal compromise between the rights of the producer of intellectual commodity, in the following called 'creator', and the rights of the persons who benefit from it, be it personal or commercial, in the following called 'user':
User buys commodity to use it, and doesn't yield a profit from leasing it to others - legal. Note that this includes commercial use, e.g. as a disc-jockey for his work (visitors want to dance in a disco, don't pay specifically for hearing the records. If they specifically pay for the use of the commodity (DVD-screening, Cinema etc.) the case is different), and non-commercial use at performances or group usages (parties etc.).
User backups commodity that he bought (1 backup) - legal.
User lets friends and family members use commodity that he bought - legal.
User lets friends and family members use backup of the commodity that he bought (temporarily) - legal.
User lets friends and family members use backup of the commodity that he bought (not only temporarily) - illegal.
User backups commodity more than once - legal.
User lets friends and family members use backups of the commodity that he bought (more than one backup, and not only temporarily) - illegal.
User uploads backup of the commodity he bought online, so that others can download it (for free or not) and use it for free (without control whether they are friends and whether it's temporarily) - illegal.
User uploads backup of the commodity he bought online with the purpose of letting friends of his use this backup temporarily and the assurance that no strangers have access to the backup (via password-protection, member-login or other adequate methods) - legal. Notice the difference to the case of mp3-exchange with strangers.
User uploads backup of the commodity he bought online with the purpose of letting friends of his use this backup, not only temporarily, and the assurance that no strangers have access to the backup (via password-protection, member-login or other adequate methods) - illegal.
User downloads backup of others (for free or not) to use it temporarily (e.g. as a preview to test whether the purchase of the commodity is worth it) - legal. Notice however, that the act of uploading to a site where 'strangers' can download things (for free or not) is considered illegal, see above.
User downloads backup of others (for free or not) to use it, not only temporarily - illegal.
User converts the commodity he bought to another format, and uses the converted backup (e.g. buys cd but has only a cassette deck in his car, thus converts the media) - legal.
User converts backups of commodities he bought to any format (e.g. wants to save space and converts the backups to lesser quality) - legal.
User gives away these converted backups to others (for free or not), not just temporarily (whether they are friends or not) - illegal. This case obviously refers to the exchange of mp3-files, via the internet or not.
User temporarily gives away these converted backups to others (for free) - legal, as long it is assured that the length of time is temporary.
User temporarily gives away these converted backups to others (yielding profit from it) - illegal.
So the essence is:
- You may backup things you bought.
- You may let friends of yours use these backups temporarily.
- You may not let them use the backups permanently.
- You may not gain profit from the usage of your backups by others. (You may not derive profit from leasing the commodity you bought to others.)
- You may use your backups and convert them.
This seems logical since you paid for the commodity, and thus are entitled to use it yourself in almost any way you want, as long as you don't derive profit from it.
Distributing a backup of sth. is severly restricted, i.e. it must be temporary and that has to be assured.
Well - it's just the way I would like to have it handled.
Greetings, Fragbait
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