From: Brian D Williams (talon57@well.com)
Date: Thu Jul 27 2000 - 08:03:06 MDT
From: "Ross A. Finlayson" <raf@tiki-lounge.com>
>This leads me to turn to 106(3), the notwithstanding clause. It's
>quite significant in this context:
>"'106. Exclusive rights in copyrighted works
>subject to sections 107 through 121, the owner of
>a copyright under this title has the exclusive rights to do and to
>authorize any of the following: "
....
>"(3)
>to distribute copies or phonorecords of the copyrighted work to
>the public by sale or other transfer of ownership, or by rental,
>lease, or lending; "
>So, except in cases noted in sections 107 through 121, there can
>be no redistribution of the CD, and as we see 109(a) says the
>purchasor of the physical media can do with it as they please,
>largely.
Thanks for the due diligence, it is clear to this jury that
distribution rights belong to the copyright holder and that merely
purchasing a CD does not grant you such rights, it is clear to this
jury that Napster is guilty of violations of the above mentioned
articles.
>I read about this some more. Basically, my understanding was that
>more than one copy of the media can be made by the purchasor of
>the media for private use.
This jury agrees. Private use yes, distribution verboten.
>Even if not, there are ways to get about, and there could be an
>online web service where people can check in their albums when
>they are not listening to them, with a priority to check them back
>out personally when they would, thus that there could be a
>completely legal online music lending library with distributed
>contributors, if there isn't already. Badda boom, badda bing.
Perhaps. The big question in my mind is "didn't Napster run this
past some lawyers? What were they thinking?"
Brian
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