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- From: dan@cubmol.bio.columbia.edu (Daniel Zabetakis)
- Subject: Re: a.b.p.e. distribution
- Message-ID: <1992Nov19.195811.6664@news.columbia.edu>
- Sender: usenet@news.columbia.edu (The Network News)
- Nntp-Posting-Host: cubmol.bio.columbia.edu
- Organization: Columbia University, Dept. of Biological Sciences.
- References: <1992Nov17.101330.13534@clarinet.com> <1992Nov17.155639.27923@news.columbia.edu> <1992Nov18.224608.12016@clarinet.com>
- Date: Thu, 19 Nov 1992 19:58:11 GMT
- Lines: 78
-
- In article <1992Nov18.224608.12016@clarinet.com> brad@clarinet.com (Brad Templeton) writes:
- >In article <1992Nov17.155639.27923@news.columbia.edu> dan@cubmol.bio.columbia.edu (Daniel Zabetakis) writes:
- >>>the
- >>>fact remains that Playboy wants the material off systems that are not
- >>>claiming ownership of the images.
- >>
- >> I don't agree, but parhaps it isn't worth argueing. I haven't heard of
- >
- >What's to agree or disagree. Playboy has said this, according to news
- >reports. You're saying you don't think Playboy has said this, or you don't
- >think they really want their material off of pirate image boards?
- >
- I meant that I hadn't heard them saying this. I am willing to be proven
- wrong. But of course there is always a difference between what they say and
- what they mean.
-
- >> What is the easy damage calculation? I'm sure you know more about this
- >>than I do. How would a monetary figure be calculated?
- >
- >Well, when somebody's been selling, your damages are, at a minimum, the
- >sales they had. EH probably kept records of downloads which they were
- >required to hand over during discovery. (Unlike criminal law, there are no
- >protections against self-incrimination in a lawsuit.)
- >
- This brings up an interesting issue. If you are being sued, can they
- make you give them access to your files. Even files that are guaranteed
- private by your usage policy (one's you wouldn't look at yourself).
- Business records are different in that they are sort of public. Transactions
- can't be secret even if they can be obscure.
-
- [text deleted]
- >
- >Fact remains that they can take action if
- >there are lots of their images on your disks, and they can show you knew
- >they were there and knew they were pirated and didn't remove them.
- >
- I presume that many of the images in a.b.p.e are pirated. I don't _know_
- this. Noone else does either. Do the publishers have the responsability
- to tell you what files they object to prior to taking action?
- If a publisher wrote to you and said file ds-f-024.gif is a coded image
- that we own, please delete it from your site (and provided proof), then
- I think that would be OK. Impractical, but OK.
-
- [about controlling distribution of BBS held images]
- >
- >Don't be silly. Of course they have an expectation of controlling
- >distribution of their images. You may be stupid to leave your keys in
- >your car. It is still car theft if people jump in and drive away.
- >
- I don't think so. You don't have any real expectation of stopping
- software theft, but you can take some steps to reduce it. Copy protection
- and secret words in the manual don't apply to gif files. Penthouse can start
- a BBS, and they can collect payment for the first copy. But the image will
- be copied rapidly and without payment after that.
- When something can be so easily copied, we have to question thier _ability_
- to own it. You can't own rain for example. It's not a simple question. If
- you simply say "people shouldn't copy it", it may make you feel morally
- superior, but it would be a case where the law is totally irrelevant to
- reality.
-
- [...]
- >
- >But if you ask most people if the ability to post pirated stuff is a major
- >or even important part of the net's character, I don't think they would
- >agree with you. Instead, they are willing to take part when they see a good
- >dirty picture go by.
-
- Well, I always say that the first and best reason for the existance of
- anything is that people want it.
-
- DanZ
-
-
- --
- This article is for entertainment purposes only. Any facts, opinions,
- narratives or ideas contained herein are not necessarily true, and do
- not necessarily represent the views of any particular person.
-
-