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In Reply to: RE: As I read Tony's post, he would agree with you posted by JoshT on July 07, 2012 at 14:36:23
Ah, so you would put the burden on the seller to destroy the copy?That is unenforceable. That is why this isn't as simple as it looks.
Edits: 07/07/12Follow Ups:
Here, in a nutshell, is what I said
1. An owner can make a copy for personal use only. The law permits that.
2. An owner can sell an origininal. The law permits that.
3. An owner may not make a copy and then sell either the copy or the original.
That's what I said, and nothing more.
If a buyer has reason to believe that the seller is selling a copy or an original and keeping the other, then the buyer has a duty to avoid the transaction, just like he would have a duty to avoid buying a car he knew was stolen. I figured that was obvious, but it's not what Tony and I were discussing.
Feel better?
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"If you are the owner of a new stereophonic system, this record will play with even more brilliant true-to-life fidelity. In short, you can purchase this record with no fear of its becoming obsolete in the future."
No, because you left the basic question open.
If I sell you the original but keep my fair use backup am I obliged to delete it? I would argue yes, but I am not the music police.
But I'm not the music police either.
A friend of mine seriously asked if me if he could copy my iTunes library comprising 30 days of music in apple lossless files and I told him no way. First of all, it would be theft from the labels and artists whether he paid me or not, and second of all I'm not giving away music that took me weeks to rip to my hard drive. I though he was nuts to even ask - he was nonplused that I said no. Sigh.
I buy a lot of music, mostly on CDs, then LPs, and lastly a few random downloads. But I do occasionally rip library CDs and CDs my friends lend me. Of course my friend reminded me of that as though there wasn't any difference between what he was asking to do versus an occasional library rip or borrowed CD rip. I don't know, maybe he's right, but degrees matter to me. Of course I shouldn't do it at all, but then no one's perfect. What this guy on Audiogon is doing is pretty obviously criminal, and I wouldn't buy from him "assuming" he isn't keeping a copy, regardless of the price.
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"If you are the owner of a new stereophonic system, this record will play with even more brilliant true-to-life fidelity. In short, you can purchase this record with no fear of its becoming obsolete in the future."
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