[ILUG] IOL Broadband handing over information.

[Gareth Eason]

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	In summary - I think you are quoting the way it 'should' be done - and
I agree with you. I think you'll find that this is not how it really
works in practice though.

	Copyright allows 'fair use' - please point me at the statement by any
record company stating that they accept 'fair use.' Merely one example.

	Best regards,
	-->Gar


Paul Jakma wrote:
| 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.[2]
|
| 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[1].
|
| 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 court).
|
|>     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.
|
| regards,
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