From: Randall Randall (wolfkin@freedomspace.net)
Date: Tue Jun 18 2002 - 14:15:45 MDT
I haven't had time to do justice to the earlier reply to me, but I'll take
a moment to respond to this:
Mike Lorrey wrote:
> Lee Daniel Crocker wrote:
>>If you want to perform a song you wrote, for example, this is a normal
>>service arrangement. You cover the costs of exclusion (renting a hall,
>>hiring ticket-takers and security, etc.), and then provide that service
>>to whoever pays. Now if I want to rent a hall, hire ticker takers, and
>>perform the same song with my own instruments and my own voice, the
>>only way you can restrain me is to claim a property right in the song
>>itself, not the performance. Clearly, the service model doesn't have
>>the result you want here, so it doesn't hold water.
>
> It sure does. How else would you have ever known of the song you wish to
> perform unless a) you wrote it yourself, or b) you either bought a
> copyrighted recording, or copyrighted sheet music, or a combination
> thereof. You were therefore provided a service by the original copyright
> holder, purchased under a commercial arrangement and in a form where the
> term "Copyright" was present on the product sold? It was your caveat
> emptor responsibility to inspect the item for any sale contract
> covenants/codocils/clauses, and to either accept the contract or refuse
> the sale.
You have got to be kidding. It is the buyer's responsibility to inspect
the item for hidden contracts?!
First, since a contract must be agreed to by all parties to it, it doesn't
seem to be the case that one could agree to a contract one hasn't actually
read, so I would say that it is the seller's responsibility to make sure
that any contract desired was agreed to as part of the sale, and if it
wasn't, it doesn't apply to this sale.
Second, if I buy a house, am I required to search high and low, in case
the seller has cleverly hidden a contract in the rafters or basement?
Perhaps they've buried the contract in the back yard? Taken to its logical
conclusion, your argument would seem to imply that this is indeed the case.
Need I mention that I disagree? :)
-- Randall Randall <randall@randallsquared.com> Crypto key: randall.freedomspace.net/crypto.text ...what a strange, strange freedom: only free to choose my chains... -- Johnny Clegg
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