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Miscellaneous => Intellectual Property & Law => Topic started by: worker201 on 29 January 2006, 23:49

Title: What the CD says
Post by: worker201 on 29 January 2006, 23:49
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.

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)
Title: Re: What the CD says
Post by: Refalm on 30 January 2006, 00:01
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.
Title: Re: What the CD says
Post by: H_TeXMeX_H on 30 January 2006, 01:10
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.

... 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
Title: Re: What the CD says
Post by: noob on 30 January 2006, 18:05
Thank god for bands like mine who release free over the internet. At least some music will be free of corperate shite.
Title: Re: What the CD says
Post by: piratePenguin on 30 January 2006, 18:51
Quote from: some asshat
It has the same effect as stealing a CD from a store without paying for it.
Except the store gets to keep the CD.
Title: Re: What the CD says
Post by: H_TeXMeX_H on 30 January 2006, 22:15
Stealing in the computer rhealm is not the same as in the physical rhealm ... it's more like espionage ... nothing ever gets stolen, just copied ... and hopefully noone ever finds out :D

... this of course does not help the argument for 'piracy', since the punishment for espionage is often death ;)
Title: Re: What the CD says
Post by: piratePenguin on 30 January 2006, 22:24
Quote from: H_TeXMeX_H
Stealing in the computer rhealm is not the same as in the physical rhealm ... it's more like espionage ... nothing ever gets stolen, just copied ... and hopefully noone ever finds out :D

... this of course does not help the argument for 'piracy', since the punishment for espionage is often death ;)
Jesus, let's just call it "copying". Nobody gets hurt, no secrets revealed, it has the same effect as stealing from a store except the store keeps what was "stolen".

I'd be fairly pissed off if someone stole my computer, but if they copied it it wouldn't be so bad.
Title: Re: What the CD says
Post by: H_TeXMeX_H on 30 January 2006, 22:36
Well, ok copying is more sensible ...

[OFFTOPIC]
And I think someone hacked my box yesterday. All of a sudden there were 2 users active ... this usually happens when a terminal is open ... only I never opened any terminal ... this happened twice with reboots in-between ... then I changed my passwords and it stopped ... fucking hackers :mad: [/OFFTOPIC]
Title: Re: What the CD says
Post by: Aloone_Jonez on 30 January 2006, 22:43
What OS were you running?

This sounds like Winblow$ to me. :D
Title: Re: What the CD says
Post by: Calum on 31 January 2006, 00:36
it's exactly the same thing as home taping, which was also allegedly the scourge of prerecorded music in the '70s and '80s. It actually enabled many people to listen to a wide variety of music, thus promoting the artistes on the tape.
Title: Re: What the CD says
Post by: Refalm on 31 January 2006, 11:16
Quote from: Calum
it's exactly the same thing as home taping, which was also allegedly the scourge of prerecorded music in the '70s and '80s. It actually enabled many people to listen to a wide variety of music, thus promoting the artistes on the tape.

The same discussions are happening over and over again.

First they claim a tape recorder was evil, then the VCR was criminal, and now using P2P makes you an outlaw.

It doesn't stop there. The same discussion with multimedia and violence is going on all over again.
People have called Batman (the series) a bad influence on children, that would make them violent when they grow up. Then it was the Teenage Mutant Hero Turtles and Power Rangers.
And now it's the video games "Grand Theft Auto: San Andreas" and "POSTAL 2" that's taking the heat.

The conclusions have been talked about and are the same. But still people tend to forget the past and have the same thing discussed all over again and again.
Title: Re: What the CD says
Post by: H_TeXMeX_H on 1 February 2006, 00:43
Quote from: Aloone_Jonez
What OS were you running?

This sounds like Winblow$ to me. :D

FC 4 as always :D ... I'm not sure if it was a hacker, but all signs point that way ... either way if they crack your password on any OS you are in trouble ...

Quote from: Refalm
The conclusions have been talked about and are the same. But still people tend to forget the past and have the same thing discussed all over again and again.

I feel the same way ... but sometimes I forget if and when I said something I said before :D ... and yeah I must be getting old ...
Title: Re: What the CD says
Post by: WMD on 1 February 2006, 03:29
Quote from: H_TeXMeX_H

[OFFTOPIC]
And I think someone hacked my box yesterday. All of a sudden there were 2 users active ... this usually happens when a terminal is open ... only I never opened any terminal ... this happened twice with reboots in-between ... then I changed my passwords and it stopped ... fucking hackers :mad: [/OFFTOPIC]

It's very uncommon to have only one logon.  It'll use more than one.  Two is quite common.  I've seen three.
Title: Re: What the CD says
Post by: H_TeXMeX_H on 1 February 2006, 04:46
Really ... what are they for ? ... it hasn't happened since then or before then either ... only when I open a terminal, that's the only time ... but I never opened a terminal ... I dunno maybe I'm just paranoid :D ... actually I am paranoid and schizoid and schizotypal according to some online surveys (http://www.4degreez.com/misc/personality_disorder_test.mv) ;) (I clicked this link in Master of Reality's sig ... I was bored)
Title: Re: What the CD says
Post by: worker201 on 2 February 2006, 00:48
Quote from: Refalm
First they claim a tape recorder was evil, then the VCR was criminal, and now using P2P makes you an outlaw.

It's even more interesting than that.  The cd was chosen as the next music format because nobody could copy them.  DAT is supposedly even better quality than cd, but the RIAA would never allow it to become the new standard, because it would be too easy to dupe a DAT.  Now that cds can be copied easily with little hardware investment, I'm sure that somebody somewhere is trying to think of a neat way to make uncopiable music.

Same with the VCR - movies were moved to DVD because nobody could copy a dvd.  Now that you can, they'll probably have something new coming out for movies too.  I've noticed a lot of PSP movies have been released, are those copiable?  That might be the kind of direction they will end up taking - specialized proprietary read-only hardware.

And we buy into this shit.  Damn, we're stupid.
Title: Re: What the CD says
Post by: piratePenguin on 2 February 2006, 00:57
Quote from: worker201
I've noticed a lot of PSP movies have been released, are those copiable?
FUCK only Sony can write to them, and it'll probably take one hell of a geek to change that.
Title: Re: What the CD says
Post by: worker201 on 2 February 2006, 01:04
That's what I was afraid of.  It wasn't a geek that came up with the ideas of CD-R or DVD-R, it was a marketing guy who wanted to sell more optical drives.  If the RIAA or MPAA intentionally chose a proprietary format for its media, then media players would also become proprietary.  Then any copying of any kind, of hardware or software, even for personal use, would be a serious breach of patent.  I think that eventually, this is what will happen.  Since the musical and film content we have is already basically owned by 2 companies (MPAA and RIAA), having everything owned by 1 company (including the players) is totally concievable.
Title: Re: What the CD says
Post by: H_TeXMeX_H on 2 February 2006, 03:39
No that shouldn't happen ... we can't let it happen ! I don't think we will let it happen ... I mean come on everyone is some part pirate ... even the MPAA (http://www.microsuck.com/forums/showthread.php?t=10043) ... I don't think people will buy things that can't be copied, or if they do someone will figure out a way to copy it. Think about it, whatever new media they come up with it will have to be writable because there's a good chance it will be used for data storage for computers and video cameras ... if there's a writer for a particular type of media, then there's a way to copy it no matter how encrypted and protected it is. If someone can do something ... someone else can surely undo it.
Title: Re: What the CD says
Post by: piratePenguin on 2 February 2006, 04:07
If something like UMD-videos is the way things go, you could just video-record the PSP/TV/whatever. EDIT: Or, if possible, make an app for the PSP that'd screen capture the video.

And yea, if Sony knows how to write UMDs, I'd bed some geek with too much spare time will figure out how to do it too. The only problem would be patents, and they probably won't kill the third-party UMD-writer, just prevent it from showing up in stores.
Title: Re: What the CD says
Post by: H_TeXMeX_H on 2 February 2006, 04:12
Hey yeah ... I remember I once bought a cheap VHS in New York City and you could tell that they just set up a camera in a dark room to record the movie ... uhhh ... it looked like shit ... but I'm sure there's a better way to do it ... or at least use better equipment.
Title: Re: What the CD says
Post by: worker201 on 3 February 2006, 21:14
Update:

Well, I went and bought another Capitol Record, Yellowcard's newest release.  They have changed the language slightly, so that there is no mention of stealing from the store.
Title: Re: What the CD says
Post by: Jack2000 on 12 May 2006, 09:36
If the they(them) go over the top
...
people will just say "ah fuck you..."
and than will live in a better place :)