Internet Downloads

[Jarulf]

In most cases, they don't bother to outline what they consider to be acceptable use; if you buy a CD, it's pretty well assumed that you're going to, you know, listen to the damned thing.  Anything they don't want you to do with their music is clearly already forbidden by copyright law itself.

Again, no it is not, and most definitely not in your third clause. If that was the case, wouldn't you think that they would have written instead that no one but the copyright holder may do anything or that all and every right is exclusive to the copyright holder? Instead of list a few selected ones? Don't try to read in more things into the exclusive rights that what they say.

  But your entire argument has been based on the fallacious argument that software companies do not have the right to dictate the terms under which you may use their product, and you're absolutely dead wrong.  And since they can dictate those terms, it is perfectly legitimate to say you have a "license to use."
Unless the work is sold to the consumer under terms and conditions, which is the entire thing we're talking about.

I am talking about copyright (and your initial comment I replied to did as well), conditions of sales have nothing to do with copyright at all but with contract and sales laws.

In addition, a contract is only binding by the parties that agree to it. Meaning if I don't agree, I am not bound about it. So even if you DID in some way have such agreements (not connected with copyright) at most, you could hold the buyer accountable for it. Not for example anyone else. Further more, the contract would not be a "license to use" since you already have that but instead a "restriction license" or contract or whatever, telling stuff you can no longer do. Since again, telling you that you can use something that you already can do is pointless and does not turn using it without such a license not allowed. I think you need to read up on contract laws as well and the point of them.

Yes, and that's exactly my point.  The terms under which a copyright holder distributes his work supercede the implied rights granted to the consumer.

So you want to discuss copyright or you want to discuss sales and contract law? Make up your mind and don't claim copyright regulate how sales and contracts are done.

Your right to use a copyrighted work after purchasing a copy of it can be limited by the terms of sale.

So can my use of a chair after purchasing as well!!!! What’s your point?? In addition, and fortunately, most countries (no idea about USA though) have sensible consumer sales laws that forbids unfair such contract clauses in consume sales related issues. So most likely there can only make some limitations.

  The fact that this isn't in the copyright law is completely irrelevant.

Since the discussion was about the copyright law and what it says (and since you have then claimed it is the copyright law that give such a right) I can't see otherwise. Recall the initial comment I was replying to which started:

Code:

"It's an interesting twist in the way copyright law is constituted. When......"

That is what I am commenting about and I am stating that there is no such thing in copyright law that makes use an infringement or a license to use needed. I can now amend it if you want to say that when selling something, even non copyright related, there is no need to add in a "license to use" since even if you sell chairs there is nothing forbidding you to use it. You can add contract to the sale that regulate many things but no need to put in it an added license to use.

Are you actually trying to argue that because one thing is in one law and another thing is in another law that the two things have nothing to do with one another?  The right to force you to accept terms of use as part of a sale of copyrighted material is an example of combining two different laws in a completely legal fashion, in order to achieve a desired result.

It has nothing to do with copyright law and can be equally done with anything you sell. To be completely correct, it really has nothing to do with the sale either since it is a contract between you and someone else than the seller as well. There really IS no connection to copyright laws as far as "terms of use" is concerned since copyright law does not deal with use (normal use) at all. It only deals with a few special actions, namely a few, listed rights given to the copyright holder, which has already been quoted in this thread. Anything else has nothing to do with copyright.

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