Miscellaneous > Intellectual Property & Law

What the CD says

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worker201:
Just thought you all might like to see this.  I copied this verbatim from one of my cds - Yellowcard's "Ocean Avenue".


--- Quote ---Enhanced CD features ... live and behind-the-scenes footage of the band.  ENHANCED CD DISCLAIMER AND LIMITATION: This product contains a multimedia portion that may include images, text, video, software or other content in addition to audio.  This product is provided AS IS, without any express or implied warranties.  Although this product is intended to play on most computers operating Windows systems 95 (or higher) or Macintosh OS systems 7.5.5 (or higher) that have CD-ROM drives with Power PC processor or higher, to access the multimedia portion of this product also requires QuickTime software version 5.0 or higher (included), Intel Pentium II processors or compatible processors or higher, a minimum of 32 MB of Ram, SoundBlaster sound cards or compatible sound cards and speakers.  You understand that Capitol Records is not liable if this product fails to operate on some of these computers or if it damages any CD players or computers or any data thereon.  Capitol Records will have no liability for damages, including consequential or punitive damages.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  If any part of this Disclaimer and Limitation is unenforceable, all other parts will remain enforceable.  Thank you for buying this music and for supporting the artists, songwriters, musicians and others who've created it and made it possible.  Please remember that this recording and artwork are protected by copyright law.  Since you don't own the copyright, it's not yours to distribute.  Please don't use Internet services that promote the illegal distribution of copyrighted music, give away copies of CDs, or lend CDs to others for copying.  It's hurting the artists who created the music.  It has the same effect as stealing a CD from a store without paying for it.  Applicable laws provide for severe civil and criminal penalties for the unauthorized reproduction, distribution or digital transmission of copyrighted sound recordings.  To find legal downloads, visit http://www.musicfromemi.com.  (P) (C) 2003 Capitol Records, Inc.  Manufactured by Capitol Records, Inc.  Printed in U.S.A.  "Enhanced CD" is a certification mark of the RIAA.
--- End quote ---

Discussion points:
* why do they go on and on about the artists' money, but never mention the real issue - Capitol's money? (because they are lying assclowns)
* would a statement like this have excluded Sony from liability in their recent fiasco? (hope not)
* will I ever be buying another Capitol album? (doubt it)
* would an artist have to blow RIAA officials in order to release an "Enhanced CD" on an independent label? (fuck that)

Refalm:
Capitol does have good artists (The Music, The Vines to name a few), but these enhanced CD's are keeping me from buying their CD's.

Oh well, as long as Roadrunner Records is not doing this kind of bullshit, I'll be buying some original albums next month.

H_TeXMeX_H:
I think this part almost excludes $ony from liability:


--- Quote ---This product contains a multimedia portion that may include images, text, video, software or other content in addition to audio. This product is provided AS IS, without any express or implied warranties.

... Capitol Records will have no liability for damages, including consequential or punitive damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this Disclaimer and Limitation is unenforceable, all other parts will remain enforceable.

--- End quote ---

... that kind of implies that there is a chance a rootkit may be present on the CD, falling under "software", that it is provided as is without warranty ... and that if it fucks you then ... uhhh ... "Capitol Records [or $ony in this case] will have no liability for damages, including consequential or punitive damages." ... Thank :fu: you for buying this music and for supporting the artists, songwriters, musicians and others who've created it and made it possible.

I'm assuming that the $ony agreement is similar or even more cryptic

noob:
Thank god for bands like mine who release free over the internet. At least some music will be free of corperate shite.

piratePenguin:

--- Quote from: some asshat ---It has the same effect as stealing a CD from a store without paying for it.
--- End quote ---
Except the store gets to keep the CD.

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