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In Reply to: Hmmm . . . posted by JoshT on July 7, 2012 at 09:55:42:
I was referring to Presto's suggestion, not how most people would interpret the advertisement. According to fair use, ripping the CDs to disk is both ethical and legal. Also, according to the right of first sale, selling the CDs after first destroying all copies is also both legal and ethical. After that, if the buyer were to rip the CDs, doing so would be both ethical and legal. It is therefore ethical to follow Presto's suggestion. Whether it is legal or not depends on how much the law is an ass. Frankly, I could care less whether something is legal or not. What matters to me is whether it is moral or not. I would suspect that the majority of drivers on Interstate highways understand the distinction quite well. Of course, it is best to avoid violating the 11th Commandment, the one that Nixon broke.
What happened in Europe is that these "licensing" agreements were viewed as attempts to circumvent the right of first sale. There is a long history of making contracts unenforceable that are "in restraint of trade". That would adequately cover this issue, IMO. The argument is that it is entirely unreasonable to apply different terms of sale to physical goods and electronic goods.
If you go back to the original copyright laws in England, you will see the whole thing was really about control and censorship. It has never been about rewarding creators for their work. Patents are even worse that copyrights, because they cover independent invention. Most technical ideas arise in multiple minds at roughly the same time. Some types of patents, especially software patents and business methods patents, have an absurdly low threshold of "obviousness". The main benefit of the patent system is to benefit large corporations at the expense of smaller corporations, and to create a lucrative business for attorneys. (And patent consultants and experts, which I have been for the past dozen years or so.)
Tony Lauck
"Diversity is the law of nature; no two entities in this universe are uniform." - P.R. Sarkar
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Follow Ups
- RE: Hmmm . . . - Tony Lauck 10:25:24 07/07/12 (13)
- I thought English was your native language. - esande 13:36:49 07/07/12 (11)
- RE: I thought English was your native language. - Tony Lauck 14:42:48 07/07/12 (5)
- RE: I thought English was your native language. - esande 15:03:56 07/07/12 (4)
- RE: I thought English was your native language. - Tony Lauck 15:14:44 07/07/12 (3)
- RE: I thought English was your native language. - esande 15:31:03 07/07/12 (0)
- You are all over the place or perhaps I am? :-) - JoshT 15:30:41 07/07/12 (1)
- RE: You are all over the place or perhaps I am? :-) - Tony Lauck 18:24:18 07/07/12 (0)
- As I read Tony's post, he would agree with you - JoshT 14:36:23 07/07/12 (4)
- RE: As I read Tony's post, he would agree with you - esande 14:49:17 07/07/12 (3)
- I never said that - JoshT 15:25:55 07/07/12 (2)
- RE: I never said that - esande 15:47:59 07/07/12 (1)
- Yes, I believe you are required to - JoshT 17:53:51 07/07/12 (0)
- Thanks for the clarifications Tony - JoshT 12:59:29 07/07/12 (0)
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