Need a disclaimer to avoid being sued

What if I sell my computer with Windows 98 on it?

Michael B.


Quote from Andre:

randynutts: If you give surf your quickbooks CD yes you are breaking the law.

What Alphie said. With software, it would depend on wether you're both running and using it on a regular basis. I can have my copy of Quickbooks on two different machines, my desktop and laptop. But technically I can't be using them simultaneously.

ElectricSavant: you are misquoting Napsters sole purpose.....that is an interpretation. Sharing for profit might be a valid argument, though.

Profit has nothing to do with it, really. It's about scale. People could be swaping kiddie porn via, a free internet service, and they wouldn't be making a penny. But if they know about it, what's more facilitate it, then you can be liable. A post here or there and people communicating their ideas on this scale is what the liability laws adequately address. And as ET doesn't endorse any one person or firm over another, and the advertisers are clear... I'd say we're pretty safe.

That doesn't mean a yahoo couldn't get it up his skirt to sue. I had a jerk over on AOL make all sorts of accusations. Sent some letters, claiming he was wronged and some such crap. It happens.

ElectricSavant: So if I loan a CD to a friend, I am breaking the law?

No. If you bought it and copied some songs for mix tapes, etc., and then loaned it to your friend, you'd still be ok. If he then burns some songs, he's then breaking the law. You get your original copyrighted material back, you're in the clear.

But I do wonder what would happen if after burning a song or two, you then sold the CD at a used record store. Since you no longer owned a the original work, do you still retain the right to own a copy for yourself?

I guess I'd say that technically, the answer is no. When you own the original, you have the right to make copies for your own use. But by selling it, you're redistributing it. In stock-terms it would be like saying, I bought 100 shares and held them for 2 years. I tired of the company, so I sold them. But I still expect to get dividends for the life of the company. No, those dividends now go to the new owner of those shares.

André
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Quote from ElectricSavant:

What if I sell my computer with Windows 98 on it?

Michael B.
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Doesn't matter because whoever buys it will surely remove Windows 98 and install a real operating system. :cool:
 
Quote from Andre:

But I do wonder what would happen if after burning a song or two, you then sold the CD at a used record store. Since you no longer owned a the original work, do you still retain the right to own a copy for yourself?

I guess I'd say that technically, the answer is no. When you own the original, you have the right to make copies for your own use. But by selling it, you're redistributing it. In stock-terms it would be like saying, I bought 100 shares and held them for 2 years. I tired of the company, so I sold them. But I still expect to get dividends for the life of the company. No, those dividends now go to the new owner of those shares.
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This is a good question. There is something called a "limitation of first sale" that generally means that once a copywrite owner sells something, they lose some measure of control over what the purchaser does with their work. If I purchased a book and later sold it to someone, the copywrite owner could not prevent me from doing so.

The RIAA back in the early 90's tried to get courts to rule that you could not do this. They also tried to push for legislation but were ultimately unsuccessful.

The RIAA basically states that they are providing you with a license to listen to the music indefinitely. If you were to then try to resell the music, this would be a huge no-no in their eyes.

When I was 19, I had about 50 CD's stolen from my car. What I'd like to know is, since at some point I did purchase the license to listen to these songs, am I legally allowed to download these songs in mp3 format to replace what was stolen?

I'm sure the RIAA would say no, since they are merely interested in $$$. However, they also have said that you are not purchasing the medium that contains the music, but the license to listen to what is on that medium. So I wonder if an argument could be made that, although the medium was stolen, since a license is intangible, I still possess that since at some point I did make that purchase.

Then again, in the RIAA's warped view, they would probably sue me for illegally distributing my CD's because someone broke into my car and took them.
 
Does the word commercial purposes mean anything here? Regardless of profit?

Michael B.



Quote from aphexcoil:

This is a good question. There is something called a "limitation of first sale" that generally means that once a copywrite owner sells something, they lose some measure of control over what the purchaser does with their work. If I purchased a book and later sold it to someone, the copywrite owner could not prevent me from doing so.

The RIAA back in the early 90's tried to get courts to rule that you could not do this. They also tried to push for legislation but were ultimately unsuccessful.

The RIAA basically states that they are providing you with a license to listen to the music indefinitely. If you were to then try to resell the music, this would be a huge no-no in their eyes.

When I was 19, I had about 50 CD's stolen from my car. What I'd like to know is, since at some point I did purchase the license to listen to these songs, am I legally allowed to download these songs in mp3 format to replace what was stolen?

I'm sure the RIAA would say no, since they are merely interested in $$$. However, they also have said that you are not purchasing the medium that contains the music, but the license to listen to what is on that medium. So I wonder if an argument could be made that, although the medium was stolen, since a license is intangible, I still possess that since at some point I did make that purchase.

Then again, in the RIAA's warped view, they would probably sue me for illegally distributing my CD's because someone broke into my car and took them.
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What if I sell my computer with Windows 98 on it?

Well, I'd guess the convention would be to assume that the license for the operating software would go with the computer. Would you be running that same license of Win98 on a computer you were keeping? I doubt it.

Does the word commercial purposes mean anything here? Regardless of profit?

In regards to music, no. A kid across the street has maybe 1,500 songs on his computer. But he doesn't have one single CD in his bedroom. He got them all off the 'net with the exception of two songs.

He did not pay for any of that copyrighted material (except those two songs). Why should he have the right to listen to them and enjoy them, just because he has no plans to make money off them?

Now, as for those two songs... I happen to have a little record label. I gave him a CD of an artist on my label. He liked it enough. So he copied his two favorite songs, and gave me the CD back. He does have the right to have those two songs on his computer, in my humble opinion. But, he doesn't have the right to distribute them on napster. Just as I give out promo CDs all the time. If people want to take them down to their local used record shop and sell them, I don't care. But they can't burn multiple copies of the CD and sell them used. Or burn them and give them away.

André
 
What if I sell my computer with Windows 98 on it?

Well, I'd guess the convention would be to assume that the license for the operating software would go with the computer. Would you be running that same license of Win98 on a computer you were keeping? I doubt it.

So the sale of hardware makes the transfer of software legal?

I predict a disposable camera by Kodak in the form of a new software transfer product.....to hit the market. You heard it here on ET...

Michael B.
 
So the sale of hardware makes the transfer of software legal?

No. When you buy a boom box, it usually doesn't come with a music CD in it. But when you buy a computer, it usually does come with an operating system loaded on it.

It's about running multiple copies of what is meant to be a singular license. It's about distributing multiple copies of what is meant to be a singular license.

Similar thing, Aphex... I've got a CD I like enough, that got all scrached up. I've thought to burn a CD from a friend, and just put that in with the original package. Legal or no? It all comes back to scale, IMHO.

André
 
So if I own a bar with HBO can I play the game, for all to see? or if I have a cool video of Arnold.....can I let my customers view it?


Michael B.



Quote from Andre:

So the sale of hardware makes the transfer of software legal?

No. When you buy a boom box, it usually doesn't come with a music CD in it. But when you buy a computer, it usually does come with an operating system loaded on it.

It's about running multiple copies of what is meant to be a singular license. It's about distributing multiple copies of what is meant to be a singular license.

Similar thing, Aphex... I've got a CD I like enough, that got all scrached up. I've thought to burn a CD from a friend, and just put that in with the original package. Legal or no? It all comes back to scale, IMHO.

André
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My questions are sincere and meant to bring out the thought process about trademarks and liability.....

Please do not take my questions as being argumentitive or anything else.....

Michael B.
 
Well, was about to reply with a... you just don't get it, do you? But then saw your next post, which I appreciate, so thanks. Don't mind the discussion at all. :)

So if I own a bar with HBO can I play the game, for all to see? or if I have a cool video of Arnold.....can I let my customers view it?

On the videos, technically, I don't think you can. For instance, if a new video came out on DVD, you couldn't rent it, and then advertise, come down and watch it on our bigscreen. I do know of bars that have a selection of old movies. Some of this might be covered by performance fees that bars and taverns have to pay.

On the other hand, bars that have the super bowl on pay commercial cable fees, which take into account their larger viewership. Hotels have different pricing structures for cable, for example. Those establishments are not paying the same $49.95 a month for premium cable with ESPN and two movie channels that the single family residence pays.

André
 
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