cliss opened this issue on Nov 03, 2004 ยท 18 posts
wertu posted Fri, 05 November 2004 at 1:01 AM
for educational purposes a whole work may be distributed for journalistic purposes a whole work may be reproduced for a claim to be succesfull some certain criteria must be met: 1. injury to reputation -the violation of copyright injuried the reputation of the copyright material resulting in actual damages measurabe as lost revenue. 2. confusion of product -the material were substaialy similar to the copyright material that consumers purchased them wrongly believing them to be the copyright material resulting in actual damages to the copyright holder measurable as lost revenue. 3. substitution of product -the material was substatially similar to the product such that it replaced the product in the market place resulting in actual damages due to quantifieble lost revenue. In the case of a discontinued product it would be difficult to established lost revenue in connection with a product the copyright holder is not actually selling... they would have to claim against some future potential market sales, dificult with obsolete products. Even with materials still on the market, in the case of an individual sale of a used, depriated unit sold without wartenty or product support, it would be difficult to establish that the purchasser would have purchased the full price version from the vendor and damages would be limited to that single unit cost and legal fees. This is all a logical argument not a moral argument. I am just frustrated with this obsession with Intelectual Property Rights when infact they are applied very differentially. Microsoft was able to "apropriate" the look and feel of the Windows OS with impunity but flattens everything in its way. Monsanto alows Roundup genetic material to corrupt fort years of tradional hybrid development on a farmers land and block his sale of crop and impound his harvest for backward enginering of what most be millions of dollars worth of his research and development. Purists would say I could not do a drawing of the Empire State Building without obtaining the rights although no one would mistake my painting for the building and no realestate deal would fall through because someone bought my painting in place of it. Most of my books give notice that they may not be placed in a library, on a bookshelf, or even in a pile in any organized mater, that I can not read any section aloud from the to my spouse without the writen consent of the publisher. Some of my British books give statement to the effect that although I have purchased them I have not acquired the right to read them, I imagine this applies to the copyright statement itself. I think if we agree to a EULA we should honor it... and we should buy our content... but to be honest... between disc crashes and anti-piracy I have had to get serial numbers for software I have legal purchased on occasion! The way to fight piracy is to price reasonably, produce excelent printed manuals, and give good customer support... LOYALTY LOYALTY LOYALTY! People pirate Photoshop a hundred times more than PaintShopPro I'm sure...