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95 lines
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From fork-admin@xent.com Mon Aug 26 20:25:36 2002
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<fork@xent.com>; 26 Aug 2002 19:24:22 -0000
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Subject: Re: The GOv gets tough on Net Users.....er Pirates..
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From: James Rogers <jamesr@best.com>
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To: fork@spamassassin.taint.org
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Date: 26 Aug 2002 12:39:29 -0700
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On Mon, 2002-08-26 at 11:41, Mike Masnick wrote:
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>
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> In which world are we talking about? That may be true for the first sale,
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> but once something is out in the world, the "creator" loses control... If I
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> buy a chair you built, and then decide to give it away to my neighbor, by
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> you're definition, he just stole from you.
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There are specific statutory exemptions to the "first sale" principle of
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fair use in the US. For example, audio recordings have such an
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exemption (dating from the early '80s IIRC), which is why you can't
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(legally) be in the business of renting audio CDs; the creators can
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control what you do with it after they've sold it to you. Certain
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industries would like to extend similar exemptions to other products --
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there is no theoretical limit to what Congress could revoke such
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privileges on.
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> Access to free stuff often helps to sell other stuff. Just because you
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> (and the entertainment industry, it seems) can't be creative enough to come
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> up with a business model to leverage free stuff into paid stuff... don't
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> take it out on the rest of us.
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The problem with the entertainment industry is that they engage in
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business and pricing tactics that make anything Microsoft was ever
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accused of pale in comparison. If they can't figure out how to make
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money doing something, they'll actually burn money to make sure no
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"industry outsider" can either for all intents and purposes; control is
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more important than maximizing profit as long as they can make a
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profit. They don't need your carrot, so they only engage in reasonable
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business behavior when you are carrying a very large stick, and few
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people swing a stick large enough. They are being chronically
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"investigated" by the DoJ for anti-trust, collusion, and similar
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activities, but that is mostly just for show.
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Which isn't to say that the entertainment industry won't fall victim to
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its own stupidity, but their ability to do arbitrary and capricious
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price manipulation with impunity is going to make it a slow decline.
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-James Rogers
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jamesr@best.com
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http://xent.com/mailman/listinfo/fork
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