google arguing that digital content is not protected by copyright

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  • gideongallery
    Confirmed User
    • Aug 2003
    • 7082
    #1

    google arguing that digital content is not protected by copyright

    "Google has sought leave to submit an amicus curiae brief against Capitol Records' preliminary injunction motion in Capitol Records v. ReDigi. In their letter seeking pre-motion conference or permission to file (PDF) Google argued that '[t]he continued vitality of the cloud computing industry ? which constituted an estimated 41 billion dollar global market in 2010 ? depends in large part on a few key legal principles that the preliminary injunction motion implicates.' Among them, Google argued, is the fact that mp3 files either are not 'material objects' and therefore not subject to the distribution right articulated in 17 USC 106(3) for 'copies and phonorecords,' or they are material objects and therefore subject to the 'first sale' exception to the distribution right articulated in 17 USC 109, but they can't be ? as Capitol Records contends ? material objects under one and not the other."

    http://recordingindustryvspeople.blo...it-amicus.html

    “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak
    Tags: None
    • JFK
      FUBAR the ORIGINATOR
      • Jan 2002
      • 67369
      #2
      here we go

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        Comment

        • Slappin Fish
          Confirmed User
          • Jul 2007
          • 2512
          #3
          It's so cute to watch the armchair pirate activist of gfy desperately grasping at straws like this...

            Comment

            • Joshua G
              dumb libs love censorship
              • Jul 2008
              • 8198
              #4
              good example how the law is unable to keep up with technology. applying laws written in the vinyl age & using them for mp3s is laughable.

                Comment

                • Barry-xlovecam
                  It's 42
                  • Jun 2010
                  • 18083
                  #5
                  As the end use is the same, it makes no difference -- music is music as example; a live performance, vinyl, tape, CD or mp3 all make the sounds of music there is no difference in the basic end result.

                  To be more concise; all these forms are matter (or energy - electrons in motion) in transition -- a note is played live then it vanishes in the air if not recorded.

                  Lame argument in this case's pleadings IMHO ...
                  Last edited by Barry-xlovecam; 02-04-2012, 03:11 PM.

                    Comment

                    • baddog
                      So Fucking Banned
                      • Apr 2001
                      • 107089
                      #6
                      As long as they leave them as 1's and 0's and don't defrag they may have a point.

                        Comment

                        • L-Pink
                          working on my tan
                          • Mar 2005
                          • 39151
                          #7
                          Originally posted by Slappin Fish
                          It's so cute to watch the armchair pirate activist of gfy desperately grasping at straws like this...


                          Those that can't create steal then justify their actions as progress.

                          .

                            Comment

                            • gideongallery
                              Confirmed User
                              • Aug 2003
                              • 7082
                              #8
                              Originally posted by Slappin Fish
                              It's so cute to watch the armchair pirate activist of gfy desperately grasping at straws like this...
                              Originally posted by joshgirls
                              good example how the law is unable to keep up with technology. applying laws written in the vinyl age & using them for mp3s is laughable.
                              are any of you guys familiar with the case

                              ReDigi is a company that allows you to sell your old mp3.

                              They setup a system which wipes the mp3 before your allowed to sell it

                              creating a digital equivalent to a second hand store.

                              Capital record is suing arguing that the first sale doctrine doesn't apply because a digital copy is not a material good

                              Google is basically filing a friend of the court argument saying will if it not a material good
                              then it doesn't qualify for distribution exemption.

                              Capital is playing word games with the law to disallow the digital counter part to an establish legal process.




                              Google filing a brief designed to trap them with their own game.

                              If fucking hilarious

                              “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                Comment

                                • TisMe
                                  Confirmed User
                                  • Aug 2008
                                  • 1719
                                  #9
                                  I think the OP is actually getting stupider with each post.

                                  Seriously, I didn't think this was possible.

                                    Comment

                                    • BSleazy
                                      Confirmed User
                                      • Aug 2002
                                      • 6721
                                      #10
                                      Originally posted by gideongallery
                                      are any of you guys familiar with the case

                                      ReDigi is a company that allows you to sell your old mp3.

                                      They setup a system which wipes the mp3 before your allowed to sell it

                                      creating a digital equivalent to a second hand store.

                                      Capital record is suing arguing that the first sale doctrine doesn't apply because a digital copy is not a material good

                                      Google is basically filing a friend of the court argument saying will if it not a material good
                                      then it doesn't qualify for distribution exemption.

                                      Capital is playing word games with the law to disallow the digital counter part to an establish legal process.




                                      Google filing a brief designed to trap them with their own game.

                                      If fucking hilarious
                                      Hows it gonna wipe the copy I have on a flash drive or any other external device?
                                      icq 156131086

                                        Comment

                                        • gideongallery
                                          Confirmed User
                                          • Aug 2003
                                          • 7082
                                          #11
                                          Originally posted by BCyber
                                          Hows it gonna wipe the copy I have on a flash drive or any other external device?
                                          how does the cd sale wipe out any burned copies you may have created ?

                                          oh wait it doesn't

                                          Does that fact criminalize the used cd shops, NO

                                          “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                            Comment

                                            • BSleazy
                                              Confirmed User
                                              • Aug 2002
                                              • 6721
                                              #12
                                              Originally posted by gideongallery

                                              Does that fact criminalize the used cd shops, NO
                                              Used CD shops sell physical goods...
                                              icq 156131086

                                                Comment

                                                • Emil
                                                  Confirmed User
                                                  • Feb 2007
                                                  • 5655
                                                  #13
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                                                    Comment

                                                    • gideongallery
                                                      Confirmed User
                                                      • Aug 2003
                                                      • 7082
                                                      #14
                                                      Originally posted by BCyber
                                                      Used CD shops sell physical goods...
                                                      want to show me in the copyright act where it says physical goods get special rights


                                                      so are you actually trying to argue that digital good BUYER are second class citizens

                                                      are not entitled to the same rights as their physical goods BUYERs.



                                                      That the arguement that record company is making to take away the first sale doctrine away from digital consumers


                                                      the problem is the act only distinguishing charateristic is something called material goodsr

                                                      and that reference applies twice once when defineing the first sale doctrine and once when defining the context of infringing.

                                                      So if the record company is right (and your right) that digital goods are not material goods

                                                      then first sale doctrine is not valid.

                                                      however google is also right and copyright doesn't apply to digitial goods because there is never infringement.

                                                      Stop trying to play word games with the law, give BUYER the same rights with new technology as with the old technologies and you don't have a problem with piracy.

                                                      Play games with the law, and your opponents will do the same.

                                                      “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                        Comment

                                                        • The Ghost
                                                          IslandDollars.com
                                                          • Oct 2004
                                                          • 12188
                                                          #15
                                                          GTF out of here with that terrible blogspot subdomain
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                                                            Comment

                                                            • raymor
                                                              Confirmed User
                                                              • Oct 2002
                                                              • 3745
                                                              #16
                                                              A more accurate subject line for the post woulda be "Google argued that either a) copyright law applies to digital content, or b) it doesn't".

                                                              Capitol is securing that mp3s ARE material goods and that they are NOT material goods. Google is pointing out the obvious fact that either they are or they are not, leaning toward "are". If they are, you can legally sell your used mp3 collection just line you can sell your used.CD collection, provided you don't keep a copy for yourself.

                                                              If not, it would be illegal to give away a used ipod without wiping it first, even if you didn't keep copies for yourself.
                                                              For historical display only. This information is not current:
                                                              support@bettercgi.com ICQ 7208627
                                                              Strongbox - The next generation in site security
                                                              Throttlebox - The next generation in bandwidth control
                                                              Clonebox - Backup and disaster recovery on steroids

                                                                Comment

                                                                • porno jew
                                                                  Too lazy to set a custom title
                                                                  • Nov 2006
                                                                  • 10166
                                                                  #17
                                                                  you are insane.

                                                                    Comment

                                                                    • raymor
                                                                      Confirmed User
                                                                      • Oct 2002
                                                                      • 3745
                                                                      #18
                                                                      Under Google's theory, you CAN sell a site you built. Under Capitol's theory, you can't sell a site without the new owner re-purchasing all of the content and software.

                                                                      As producers of digital goods, we've always held to the view that Google is asking the court to consider - you CAN sell a site with Strongbox on it, or just a used copy of Strongbox, and the new owner doesn't have to purchase a new license from us. Of course once you sell your used license to sometime else, you no longer have the license so you can't legally keep using it yourself after you sell it.
                                                                      Last edited by raymor; 02-05-2012, 10:49 AM.
                                                                      For historical display only. This information is not current:
                                                                      support@bettercgi.com ICQ 7208627
                                                                      Strongbox - The next generation in site security
                                                                      Throttlebox - The next generation in bandwidth control
                                                                      Clonebox - Backup and disaster recovery on steroids

                                                                        Comment

                                                                        • gideongallery
                                                                          Confirmed User
                                                                          • Aug 2003
                                                                          • 7082
                                                                          #19
                                                                          Originally posted by raymor
                                                                          A more accurate subject line for the post woulda be "Google argued that either a) copyright law applies to digital content, or b) it doesn't".

                                                                          Capitol is securing that mp3s ARE material goods and that they are NOT material goods. Google is pointing out the obvious fact that either they are or they are not, leaning toward "are". If they are, you can legally sell your used mp3 collection just line you can sell your used.CD collection, provided you don't keep a copy for yourself.

                                                                          If not, it would be illegal to give away a used ipod without wiping it first, even if you didn't keep copies for yourself.
                                                                          re-read the filings Google and redigi combined are making that argument

                                                                          but the individual filing make the argument from to different directions.

                                                                          Google argued that if capital records argument is correct then copyright punishment also disappears with the first sale doctrine

                                                                          redigi is the one arguing that the first sale doctrine still applies.

                                                                          The best solution is that capital loses their argument (and therefore has to pay court cost too).

                                                                          That why google filed the brief the way they did, to make sure copyright industry as a whole will support redigi argument

                                                                          It a brilliant legal move.

                                                                          “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                            Comment

                                                                            • Fletch XXX
                                                                              GFY HALL OF FAME DAMMIT!!!
                                                                              • Jan 2002
                                                                              • 60840
                                                                              #20
                                                                              Good thread

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                                                                                Comment

                                                                                • Barry-xlovecam
                                                                                  It's 42
                                                                                  • Jun 2010
                                                                                  • 18083
                                                                                  #21
                                                                                  If a business is sold and the licenses are in the name of the business; the licenses are never transfered -- they remain the property of the business (if it is an organized business entity).

                                                                                  You can only get paid once for the same transaction.

                                                                                    Comment

                                                                                    • alextokyo
                                                                                      So Fucking Banned
                                                                                      • Sep 2011
                                                                                      • 975
                                                                                      #22
                                                                                      So, how many of you fucking retards are going to "boycott" Google. Let's have a headcount here...


















                                                                                      ... thought not.

                                                                                        Comment

                                                                                        • porno jew
                                                                                          Too lazy to set a custom title
                                                                                          • Nov 2006
                                                                                          • 10166
                                                                                          #23
                                                                                          you left out the important part.

                                                                                          It's a big move against EMI-owned Capitol, and the fellow major labels that it represents. But Google has a lot riding on cloud computing, which makes a decision over cloud-based digital resale an important matter. But hearing the case - and potentially losing it - is exactly the opposite of what the major labels want. Which is why Capitol Records quickly moved to deny Google the ability to insinuate itself into the action.
                                                                                          On Thursday, a judge agreed, and told Google to mind its own business. The parties can duke it out themselves, thank you very much. Request, DENIED.


                                                                                          http://www.digitalmusicnews.com/perm...2/120201redigi

                                                                                            Comment

                                                                                            • porno jew
                                                                                              Too lazy to set a custom title
                                                                                              • Nov 2006
                                                                                              • 10166
                                                                                              #24
                                                                                              that site is hilarious though. so you download a bunch of songs of the pirate bay and resell them?

                                                                                                Comment

                                                                                                • gideongallery
                                                                                                  Confirmed User
                                                                                                  • Aug 2003
                                                                                                  • 7082
                                                                                                  #25
                                                                                                  Originally posted by porno jew
                                                                                                  you left out the important part.

                                                                                                  It's a big move against EMI-owned Capitol, and the fellow major labels that it represents. But Google has a lot riding on cloud computing, which makes a decision over cloud-based digital resale an important matter. But hearing the case - and potentially losing it - is exactly the opposite of what the major labels want. Which is why Capitol Records quickly moved to deny Google the ability to insinuate itself into the action.
                                                                                                  On Thursday, a judge agreed, and told Google to mind its own business. The parties can duke it out themselves, thank you very much. Request, DENIED.


                                                                                                  http://www.digitalmusicnews.com/perm...2/120201redigi

                                                                                                  and you left out a huge part

                                                                                                  On Wednesday, the search giant moved to block an attempt by Capitol to dismiss the entire case (in legalese, through an attempted amicus curiae filing), based on important principles related to cloud computing.
                                                                                                  your not talking about the original friends of the court filing

                                                                                                  your talking about google attempt to force capital vs redigi to be heard after capital said "oh fuck google friends filing really screws us, we just want to drop the case".

                                                                                                  The judge rightfully so, said if redigi doesn't want to take the defacto win, and fight it for absolute clarification they are the ones who get to decide not google.

                                                                                                  “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                                                    Comment

                                                                                                    • Dirty Dane
                                                                                                      Sick Fuck
                                                                                                      • Feb 2004
                                                                                                      • 9491
                                                                                                      #26

                                                                                                        Comment

                                                                                                        • gideongallery
                                                                                                          Confirmed User
                                                                                                          • Aug 2003
                                                                                                          • 7082
                                                                                                          #27
                                                                                                          and there is an easy solution for google to get around that ruling

                                                                                                          by a small percentage of redigi.

                                                                                                          “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                                                            Comment

                                                                                                            • porno jew
                                                                                                              Too lazy to set a custom title
                                                                                                              • Nov 2006
                                                                                                              • 10166
                                                                                                              #28
                                                                                                              you don't know how to read. you just see things you want to believe.

                                                                                                                Comment

                                                                                                                • AdultKing
                                                                                                                  Raise Your Weapon
                                                                                                                  • Jun 2003
                                                                                                                  • 15601
                                                                                                                  #29
                                                                                                                  Hopefully one day Gideon will "..insert horrible end of choice here..(bus, train, bungy jumping accident etc)" and this mindless drivel will stop.

                                                                                                                  Absolutely no understanding of law, treaties, copyright or anything much for that matter.

                                                                                                                    Comment

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