[net.rumor] "loaning" CDs

tbg@apollo.uucp (Tom Gross) (03/05/86)

 >> [...] someone asked to borrow a CD and [...]
 >Being a gfairly recent CD owner I noticed that some of my Discs
 >say you cannot *lend* then without permission of the publisher!
 >Is this for real?  I haven't read the lables on my records 
 >lately so don't know if this is unique to CD's.  Could someone
 >please enlighten a novice?  Should I (we?) construct a form letter
 >and send it off to all the publishers asking for permission to 
 >lend out discs to out friends?

    Forget it.  You're too late.  Here in Massachusetts we
    are already making plans to build new jails to house all
    the "CD loaners" being nabbed everyday.  Along with all
    the illegal activity in video tape copying and bootleg
    copies of Lotus 1-2-3, it's estimated that by 1993 
    HALF OF ALL CRIMES committed in Massachusetts will be 
    "between friends".

    But seriously though, lending CD's is, of course, a 
    FEDERAL offense.  The problem is that if we all let
    our friends use our personal belongings, sales would
    drop across the board and the economy, which is based on
    expanding consumerism, would crumble.  

    Did you really think that just because you BUY
    something gives you the right to transfer ownership
    to anyone for FREE?  Come on!

    Tom Gross
    Apollo Computer, Inc.
    Chelmsford, MA

evans@wanginst.UUCP (Barry Evans) (03/05/86)

> 
>  >> [...] someone asked to borrow a CD and [...]
>  >Being a gfairly recent CD owner I noticed that some of my Discs
>  >say you cannot *lend* then without permission of the publisher!
>  >Is this for real?...
> 
>     Did you really think that just because you BUY
>     something gives you the right to transfer ownership
>     to anyone for FREE?  Come on!
> 

You could always say you sold it to your friend and bought it back from him 
later...  at least you couldn't be accused of "lending".  oh, don't forget
to save your sales receipts :-)

-barry
-- 
Barry Evans - Wang Institute (617) 649-9731 x383
    [apollo, ucadmus, decvax, vaxine, masscomp]!wanginst!evans
    evans%WangInst@Csnet-Relay

andrew@hammer.UUCP (Andrew Klossner) (03/07/86)

[What's this doing in net.rumor?  Oh well...]

>  >> [...] someone asked to borrow a CD and [...]
>  >Being a gfairly recent CD owner I noticed that some of my Discs
>  >say you cannot *lend* then without permission of the publisher!
>  >Is this for real?...
> 
>     Did you really think that just because you BUY
>     something gives you the right to transfer ownership
>     to anyone for FREE?  Come on!

In the U.S., the doctrine of first sale gives you the absolute right to
lend, give away, rent, or sell a publication (CD, record, book, etc.),
as long as it is not copied and is not used for a public performance
(e.g., played on a for-profit radio station).

In some European countries, you cannot in fact legally rent a CD.
Hence the label, which is necessary to retain the publisher's rights in
those countries.  We EstadoUnidados can ignore it.

  -=- Andrew Klossner   (decvax!tektronix!tekecs!andrew)       [UUCP]
                        (tekecs!andrew.tektronix@csnet-relay)  [ARPA]

coller@utah-cs.UUCP (Lee D. Coller) (03/10/86)

In article <1848@hammer.UUCP> andrew@hammer.UUCP (Andrew Klossner) writes:
>In the U.S., the doctrine of first sale gives you the absolute right to
>lend, give away, rent, or sell a publication (CD, record, book, etc.),
>as long as it is not copied and is not used for a public performance
>(e.g., played on a for-profit radio station).
>
>In some European countries, you cannot in fact legally rent a CD.
>Hence the label, which is necessary to retain the publisher's rights in
>those countries.  We EstadoUnidados can ignore it.
>
>  -=- Andrew Klossner   (decvax!tektronix!tekecs!andrew)       [UUCP]
>                        (tekecs!andrew.tektronix@csnet-relay)  [ARPA]

Anyone interested in this subject should read the current US Copyright
act.

Under the current US copyright law, "phonorecords" are treated
differently from other copyrighted materials.  A "phonorecord" is
defined to be any recording of sound not accompanied by a motion picture
(this is paraphrased, I don't have a copy of the law right here).  The
principal difference is that when one purchases a copyrighted
phonorecord, the copyright holder retains the right to rent that
phonorecord.  The buyers has the right to lend it out (this is
specifically written into the law) provided there is no other agreement
with the sale.

When one purchases any other type of copyrighted material (such as a Video-
Cassette), one has the right to rent it.

Note, I'm not a lawyer.  Also, the above does not apply to leased materials
(such as software).
-- 
-Lee (coller@utah-cs.arpa, {ihnp4, seismo, hplabs, decvax}!utah-cs!coller)
"They say the mark of a good team is that it wins when it plays poorly."
	-- Jim Fassel, Head Football Coach, University of Utah

worth@btnix.UUCP (Nick Worth) (03/11/86)

>    Did you really think that just because you BUY
>    something gives you the right to transfer ownership
>    to anyone for FREE?  Come on!

Are you really implying that in the USA it is illegal to
lend your neighbour a lawnmower say! or was this a :-) ?

hsu@eneevax.UUCP (Dave Hsu) (03/13/86)

In article <44@btnix.UUCP> worth@btnix.UUCP writes:
>>    Did you really think that just because you BUY
>>    something gives you the right to transfer ownership
>>    to anyone for FREE?  Come on!
>
>Are you really implying that in the USA it is illegal to
>lend your neighbour a lawnmower say! or was this a :-) ?

Absolutely not.  CD's (Certificates of Deposit?  :-) ) are protected by
copyright.  On the other hand, if you're loaning your neighbors that
perfect replica of a 1985 Toro that you've been lovingly mass-producing
in your garage...

-dave
-- 
David Hsu	Communication & Signal Processing Lab, EE Department
<disclaimer>	University of Maryland,  College Park, MD 20742
hsu@eneevax.umd.edu  {seismo,allegra}!umcp-cs!eneevax!hsu

ARPA n. [acronym for Advanced Research Projects Agency.]  An agency of the
	U.S. Department of Defense established in 1968 to test its defenses
	against misuse and piracy in the large-scale distributed processing
	environment.
			-Stan Kelly-Bootle, "The Devil's DP Dictionary"

ron@brl-sem.ARPA (Ron Natalie <ron>) (03/21/86)

> >In the U.S., the doctrine of first sale gives you the absolute right to
> >lend, give away, rent, or sell a publication (CD, record, book, etc.),
> >as long as it is not copied and is not used for a public performance
> >(e.g., played on a for-profit radio station).
> >
> 
> Under the current US copyright law, "phonorecords" are treated
> differently from other copyrighted materials.  
> The buyers has the right to lend it out (this is
> specifically written into the law) provided there is no other agreement
> with the sale.
> 
Note, that the for-profit doesn't quite enter in to it.  Non-profit
radio stations got hit up for the ASCAP/BMI/SESAC licensing about
six years or so ago.  I remember the furor in Billboard.  Also note
that using records for background music in commercial establishments
is also subject.

-Ron
****** STUPID 2.10.3 INEWS WON'T LET ME POST WITHOUT THIS CRAP ******
****** STUPID 2.10.3 INEWS WON'T LET ME POST WITHOUT THIS CRAP ******
****** STUPID 2.10.3 INEWS WON'T LET ME POST WITHOUT THIS CRAP ******
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larry@kitty.UUCP (Larry Lippman) (03/23/86)

In article <124@brl-sem.ARPA>, ron@brl-sem.ARPA (Ron Natalie <ron>) writes:
> ...
> ****** STUPID 2.10.3 INEWS WON'T LET ME POST WITHOUT THIS CRAP ******
> ...
> ****** STUPID 2.10.3 INEWS WON'T LET ME POST WITHOUT THIS CRAP ******

	You must admit, though, that it is rather clever of the 2.10.3 inews
to check new text against included text of previous articles.  It is also
rather clever of postnews to prevent the automatic inclusion of .signatures
greater than 4 lines.
	There are, of course, innumerable ways around these restraints, the
simplest of which is patching inews.c and postnews.c.

==>  Larry Lippman @ Recognition Research Corp., Clarence, New York        <==
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