Everything2
Near Matches
Ignore Exact
Full Text
Everything2

Gray areas in copyright law

created by BabyHamel

(idea) by BabyHamel (4.9 y) (print)   ?   I like it! Thu Oct 24 2002 at 0:03:20

The RIAA has a major problem with music pirating, mainly because they perceive that they may be losing money. They have been against music pirating ever since it was discovered, back in the 80's, that home taping is killing music. People could tape a song off the radio and (*gasp*) listen to it when they wanted, instead of when the radio played it.

I believe that the copyright laws say it is okay to copy a recording that you own, for your own personal use, such as making a mix tape. After all, no one loses any money because you want to listen to only certain songs that you own, rather than the entire album at once.

Here's where we get to a few gray areas. Radio is free. If you want to tape a song from the radio, which is free anyway, just to listen to it at another time, shouldn't that be legal? After all, the major selling point of VCRs was that you could tape stuff from tv to watch later. Isn't taping from the radio the same thing?

The next gray area comes from used CD's. I have to assume that it is okay to buy used CD's. Otherwise, Al Bum's and any other store that sells used CD's would be shut down. However, how does the artist, or the RIAA, see any money from it? I guess they figure that *someone* paid for it, who listens to it afterwards isn't their business. It wouldn't make a difference if someone bought it and threw it out. Selling it back is the same thing.

That leads to an interesting point, though. If I buy a used CD, the artist and the RIAA don't make any money...the person who sold the CD to the store recovered a small percentage of what they spent on a CD that they didn't like. The store makes a profit too. I get my music on CD, cheap. So what if I want to save my money, bypass the used CD store, and download the CD for free?

The last issue is replacing CD's that I legitimately paid for. I have a scratch on a CD single that is no longer in print...you can't even order it directly from the artist. I already paid for it, why isn't it legal for me to download the songs on it and burn them onto a CD? Why must I put up with skips? Also, last year, my apartment was broken into and 70 of my CD's were stolen. If I didn't have them backed up on the computer (which fortunately, I did), would it be wrong for me to download them all? After all, I *did* pay for them originally. No, the RIAA would have me spend the $700 or so to replace each disc at the store, because some asshole stole all my shit.

Personally, I think the only reason the RIAA shut down places like Napster and Audiogalaxy was just because they could. It's not possible to make tape recorders illegal, or CD burners, or any software that converts CD's to mp3s. After all, these things have plenty of legitimate uses as well. Any sites where you can download music, however, can't legally justify themselves because we *know* people are using them primarily for illegal purposes.


(idea) by sekicho (1.4 d) (print)   ?   I like it! Thu Oct 24 2002 at 2:49:57

...Then there's every anime fan's favorite Gray Area in the Copyright Laws: Taiwan, DBA the Republic of China. Taiwan is most famous for its bootleg DVD's, which you've probably seen being hawked on the street or on eBay. Thanks to the mechanisms of international commerce, it's easy to buy stuff that's "Made in Taiwan," even if that stuff happens to violate intellectual property laws.

"How?" you ask. Take a seat, kimosabe.

Nobody can agree on whether Taiwan is a part of the PRC or not. Until the 1970's, the general assumption in the West was that the PRC wasn't legitimate. "Dick" Nixon changed all that by cutting off American recognition of the ROC's legitimacy, and opening up relations with Beijing, leaving Taipei with a simple commercial relations office.

Even nowadays, no government is allowed to recognize Little China without pissing Big China off. That includes the USA and Japan, the biggest entertainment producers in the world, and also two of the PRC's biggest trade partners. Since they can't formally recognize the Taiwanese government, they have to turn a blind eye when copies of Lord of the Rings and Spirited Away show up in Los Angeles with Mandarin subtitles.

After all, what are their options?

Now, while this practice is pretty much limited to Taiwan, there's no reason that another country with iffy relations to the West couldn't take it up. Couldn't copyright infringement save the North Koreans from starvation, and get some lights for that big concrete shell of theirs? Is this the economic savior that could bring modernization to Bhutan? How about the Conch Republic...?


printable version
chaos

Free computers Software is free speech Home taping is killing music Ryugyong Hotel
intellectual property Conch Republic Slouching Towards Bethlehem Taiwan
Bomb the Suburbs Bush's Orwellian Address Is Taiwan a part of China? Copyright Law: Merger Doctrine
international relations Bhutan DBA ClearType
How I used Napster to ruin the life of the most popular kid in high school Copyright violation Kahle v. Ashcroft A Brief History of Time
strip gun control 23 Days in Bhutan Spirited Away
Y'know, if you log in, you can write something here, or contact authors directly on the site. Create a New User if you don't already have an account.
  Epicenter
Login
Password

password reminder
register

Everything2 Help

Cool Staff Picks
The best nodes of all time:
Social Harassment in the Work Place
Ants on a log
I never seek shelter, just wait for the storm
Mae West
Clamdigger
United States Sex Laws
the use-mention distinction
The 1989 U.S. Invasion of Panama
Billie Holiday
Ringworld
Tell me a story about being really alive
Quotes from sleeping people
Hollandaise VaporMeet
New Writeups
teleny
Baron Samedi(person)
Ouzo
The Great Barbershop Race Wars(log)
Mannerisky
second language(essay)
aneurin
British Monomarks(idea)
FrankThomas
How and why do we (humans) have culture?(essay)
lee_cad
Isaac(person)
kalen
downvota(poetry)
Andrew Aguecheek
Wstfgl(thing)
ncc05
overheard at IHOP(event)
calgon
Bottomless(poetry)
lismaraxt
Ice Theory of The Origin of Life(idea)
allthetime
Apple Cinnamon Suicide(idea)
Lucy-S
shovelglove(idea)
Adaptive Child
Mexican secret sauce(recipe)
Adaptive Child
nacho libre(recipe)
Everything 2 is brought to you by the letter C and The Everything Development Company