1. Welcome to CowboysZone!  Join us!  Come on!  You know you want to!

40 tunes to the Queen on IPod?--break Copywright laws?

Discussion in 'Political Zone' started by sbark, Apr 4, 2009.

  1. sbark

    sbark Well-Known Member Zone Supporter

    3,576 Messages
    188 Likes Received
    http://www.eff.org/deeplinks/2009/04/first-sale-president-obama-and-queen-england


    Commentary by Fred von Lohmann

    President Obama reportedly gave an iPod, loaded with 40 show tunes, to England's Queen Elizabeth II as a gift. Did he violate the law when he did so?
    You know your copyright laws are broken when there is no easy answer to this question.
    Traditionally, it has been the job of the "first sale" doctrine to enable gift giving -- that's the provision of copyright law that entitles the owner of a CD, book, or other copyrighted work, to give it away (or resell it, for that matter), notwithstanding the copyright owner's exclusive right of distribution.

    even if the first sale doctrine applies to iTunes downloads, what about the additional copies made on the iPod? iTunes does not download directly to an iPod. So President Obama's staff made an additional copy onto the Queen's intended iPod. How are those copies excused? The iTunes terms of service say that downloads are "only for personal, noncommercial use." Is giving a copy to a head of state a "personal" use? Seems more like a "diplomatic use," doesn't it? So copyright owners could argue that the copy on the iPod was not authorized, because it was beyond the scope of the iTunes "license." And according to the typical rightsholder argument, any use beyond the scope of the "license" is a copyright infringement.
    Perhaps it's a fair use? I'd certainly take that view. But does it matter here whether President Obama's staffer first deleted the copy that is still on her computer? Should that matter?

    ........how many kids have the music industry hung out to dry over this same issue?
  2. iceberg

    iceberg detoxed Zone Supporter

    28,177 Messages
    1,212 Likes Received
    good god - someone is bullet hunting.
  3. BrAinPaiNt

    BrAinPaiNt Brotherhood of the Beard Staff Member

    60,442 Messages
    3,693 Likes Received
    :laugh2: :laugh2:
  4. sbark

    sbark Well-Known Member Zone Supporter

    3,576 Messages
    188 Likes Received
    :) ........you mean its not impeachment material?:rolleyes:
  5. iceberg

    iceberg detoxed Zone Supporter

    28,177 Messages
    1,212 Likes Received
    no. it just means when you finally *do* have a point no one will recognize it cause every chance you get an opportunity to say BAD OBAMA! you fling it out there.

    i didn't believe anyone who did it to bush and i won't believe it to anyone doing it to obama. he's make some good choices and some bad ones, like every president.

    but to follow him around constantly and go LOOK!!! - i just don't get it.
  6. BrAinPaiNt

    BrAinPaiNt Brotherhood of the Beard Staff Member

    60,442 Messages
    3,693 Likes Received
    Why do you hate America? :p: ;)
  7. iceberg

    iceberg detoxed Zone Supporter

    28,177 Messages
    1,212 Likes Received
    it's how i roll...
  8. Rogah

    Rogah Well-Known Member

    3,668 Messages
    69 Likes Received
    I gotta say the answer to that question is "none" :D

    Oh, don't get me wrong... they've gone after individuals who have illegally downloaded and distributed thousands and thousands of songs... but I don't think they've ever gone after a kid that purchased songs legally, loaded them onto an iPod once and then loaned or gave the iPod away.
  9. MetalHead

    MetalHead Benched

    6,031 Messages
    1 Likes Received
    Even I agree with that.
  10. BrAinPaiNt

    BrAinPaiNt Brotherhood of the Beard Staff Member

    60,442 Messages
    3,693 Likes Received
    I knew you always rode dirty.:p:

Share This Page