Slashdot Mirror
Testing The Right To Resell Downloaded Music
David Gerard writes "A man has bought a song from Apple iTunes and has put it up for sale on eBay. "I only spent $0.99 on it but I bought the song just as legally as I would a CD, so I should be able to sell it used just as legally, right?" Does the Right of First Sale still exist?" The seller says he's seeking attention, but not to himself. Rather, he calls this "an experiment in property rights in the digital age," and promises not to keep a copy once the sale is done.
ha ha 1st comment...fu
One more crippling bombshell hit the already beleaguered IIS community when IDC confirmed that IIS market share has dropped yet again, now down to less than 24 percent of all servers. Coming on the heels of a recent Netcraft survey which plainly states that IIS has lost more market share, this news serves to reinforce what we've known all along. IIS is collapsing in complete disarray, as fittingly exemplified by failing dead last in the recent Sys Admin comprehensive networking test.
You don't need to be a Kreskin to predict IIS' future. The hand writing is on the wall: IIS faces a bleak future. In fact there won't be any future at all for IIS because IIS is dying. Things are looking very bad for IIS. As many of us are already aware, IIS continues to lose market share. Red ink flows like a river of blood.
IIS is the most endangered of them all, having lost 93% of its core developers. The sudden and unpleasant departures of long time IIS developers Bteve Stallmer and Gill Bates only serve to underscore the point more clearly. There can no longer be any doubt: IIS is dying.
Let's keep to the facts and look at the numbers.
SCO leader Darl McBride states that there are only 10156289 users of IIS. "The numbers tell all, that's a change of -0.21 percent from last month," McBride said in an interview Monday, "Don't worry Bill, we have your back covered. We'll be suing the Apache Software Foundation next month due to stolen code found in the base of Apache, that we wrote. We can't disclose that code as we don't want it removed."
All major surveys show that IIS has steadily declined in market share. IIS is very sick and its long term survival prospects are very dim. If IIS is to survive at all it will be among OS dilettante dabblers. IIS continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, IIS is dead.
Fact: IIS is dying
GO LINUX!
Well...
Maybe to you...
Xaotik Designs
anyone who pays for mp3s is a moron period.
Anybody stupid enough to pay $20 for a MP3 is a RIAA wet dream.
When you purchase a book or CD you own it. You do not have license to it. As your property you can do with it as you will. This is the principle of first sale.
If you wished to make a copy of it you would need a license to do so. It is only copying that copyright covers.
Now here's the tricky bit. The bit that has unleashed the entire realm of software copyright license nonsense upon us, even where you own the physical medium, such as the install CD.
The courts have ruled that mere possession of the physical medium does not imply license to use, as does the possession of a book or musical recording, because to make use of the digital data it must be copied into memory first and that copying is covered under copyright law as restricted. Thus you need a license to copy that which you have already purchased for use.
Nice. Ain't it?
Without this one ruling the entire world of digital data and software licensing as we know it today wouldn't exist. Microsoft would be just another vendor of "stuff," without the license club to hold over everybodies head. In fact they are where they are today essentially by being the first to comprehend the power that gave them.
In this particular case not only will the gentleman have to make a copy of the music to transfer it as music, the buyer will have no valid license to play it. Such licenses are not directly transferable by third parties.
If I buy the rights to print a book I cannot then go and sell that right on the open market unless stated in the original contract.
Apple does not need to deny such a right. They would need to confirm it.
Do you understand the issue here? A book is perceived directly and a tape or phonograph record is translated directly into music. Data must make a copy of itself into memory. While you make use of it you have, legally, two copies. You need a license only for that second instance.
It flies in the face of common sense, but it's the law.
KFG
I have reported this to ebay and your precious auction will soon end. I will be the new owner of this precious.
I AM wakka_nakka_bakka@yahoo.com i have reported you and this item to RIAA. Have fun.
In Soviet Russia Bigwheels ride on YOU
You never seem to realize until someone fucks you in the ass with an ipod how erogonomic they are. LONG LIVE APPLE