On Thu, 9 Jun 2005, Gareth Eason wrote:
> replaced. Argue. Point out that you would be willing to pay a
> nominal fee for the replacement of the medium so you may use the
> _LICENSE_ you have paid for to utilise the material contained upon
> the medium.
I'm not sure you have such a right though.
You don't need a licence to play/listen/look at some copyrighted
work. You buy the work, you have no need for a licence to use it
(using != copying/reproduction AIUI). Whether you take care of the
work sufficiently so that you can make use of it for a long period of
time is your business. There is no copying involved in, eg, reading a
book - no copyright. I can lend or sell you my books, DVDs, etc and
you can 'use' them without copyright coming into play at all.
This changes slightly with digital media, however, AIUI, under the
irish copyright law you implicitely have the rights you need to make
use of the work.
You don't however have a right to demand another copy of the work if
you lose or break your original copy.
IIRC You have a right to make backups, but I suspect that might only
cover software - i dont know - i cant remember.
1. Though, this has been restricted by that damn amendment on digital
rights. So in face of DRMish access-control, it seems you only have
the rights granted by that access-control, sadly. (IIRC from a
previous discussion here on ILUG). The language in the original act
was quite consumer friendly, but no more. :(
2. You can't 'perform' the works in public though. That's a different
right, one which you don't get simply by buying a DVD, CD or book.
> (and DVD I assume) material. One is the sale of a product - (you've
> bought a product and you've damaged it, tough luck... but if you
> buy a product you may do whatever you chose with it!) and one is a
> sale of a license (you may only do certain things to the data on
> the CD/DVD - i.e. listen to it, but not copy it, etc.) This is
> hugely problematic, since record companies, etc. are cherry picking
> the bits that suit them from both streams of law... not exactly
> fair really...
No, you didn't get a licence, other than those implicitly granted by
the copyright act - which does not give you a licence to demand new
copies should you lose/break your original copy.
> was kind enough to replace it for me, without me pushing the issue.
> I did still have a receipt proving I had purchased it from there
> (in fact, it probably had shop stickers on the case still) - but I
> would have been prepared to argue :-)
Hehe. I dont think they would /have to/ though, so you wouldn't have
won that argument, if you'd have had to carry it to its end (ie
> Same goes for software shipped on CDs with EULAs and license
> agreements. Force the supplier / manufacturer to pick 1 (ONE) law to
> cover their product, rather than cherry pick to suit...
IIRC, the copyright act grants a few extra rights for software.
Paul Jakma paul at clubi.iepaul at jakma.org Key ID: 64A2FF6A
A man who mounts animals.
Maintained by the ILUG website team. The aim of Linux.ie is to
support and help commercial and private users of Linux in Ireland. You can
display ILUG news in your own webpages, read backend
information to find out how. Networking services kindly provided by HEAnet, server kindly donated by
Dell. Linux is a trademark of Linus Torvalds,
used with permission. No penguins were harmed in the production or maintenance
of this highly praised website. Looking for the
Indian Linux Users' Group? Try here. If you've read all this and aren't a lawyer: you should be!