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Post by -Lithium- on Mar 20, 2008 0:18:54 GMT -5
Can you get away with selling a burned CD if you say your selling the CD itself and not its content?
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Malcolm
Grimlock
Wanted something done about the color of his ring.
May contain ADHD
Posts: 13,482
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Post by Malcolm on Mar 20, 2008 0:22:54 GMT -5
Can you get away with selling a burned CD if you say your selling the CD itself and not its content? You're still selling burned CDs. Honestly, this is a grey area for me so I don't know.
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Post by Captain Wonderful on Mar 20, 2008 0:33:14 GMT -5
You can "get away" with selling a burned CD pretty much because nobody's going to know about it.
And, because, really, who BUYS a burned CD?
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Post by The Booty Disciple on Mar 20, 2008 0:33:38 GMT -5
Can you get away with selling a burned CD if you say your selling the CD itself and not its content? I'd say no. You only have a license to the contents, not ownership. Unlawful transfer of a license to use intellectual property sounds like something the RIAA would have a field day with.
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Post by The Booty Disciple on Mar 20, 2008 0:35:08 GMT -5
You can "get away" with selling a burned CD pretty much because nobody's going to know about it. And, because, really, who BUYS a burned CD? I think he's hypthotically asking in case the varying organizations came after him. I agree that it's highly unlikely he'd be caught unless he was selling them on a huge scale. However, the argument probably wouldn't hold up if they did find him. The physical media could be sold without a copy of whatever music is on there.
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Post by -Lithium- on Mar 20, 2008 0:38:45 GMT -5
You can "get away" with selling a burned CD pretty much because nobody's going to know about it. And, because, really, who BUYS a burned CD? I think he's hypthotically asking in case the varying organizations came after him. I agree that it's highly unlikely he'd be caught unless he was selling them on a huge scale. However, the argument probably wouldn't hold up if they did find him. The physical media could be sold without a copy of whatever music is on there. Yeah I dont really do it or anything, just something that got into my head a few years ago and I just got reminded today. Im always trying to think of loopholes to stuff, even if I aint ever gonna actually do or even try them. I DL my content. Dont sell or buy. But yeah, I guess it could end up going to a jury. Cause after all law is just shades of gray. The jury's the one that decides which way really. Atleast from what Ive understood...
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kemps
AC Slater
Posts: 139
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Post by kemps on Mar 20, 2008 0:49:27 GMT -5
I'm pretty sure it's still illegal. You can say you're selling just the CD itself, but in court, it's not going to hold up. The content of the CD is going to come into question.
It's sort of like saying I was only selling the baggie, not the weed in it.
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Post by Rob's No. 1 Fan on Mar 20, 2008 1:16:16 GMT -5
So a guy wants to burn CD and sell it to a friend?Hell, you guys are missing the point.BURN IT! SELL IT!Remember 99.9 % of all questions can be answered with a single word: MONEY. Now take this CD question: 1) NO corporation is going to spend litigation money for a miniscule guy like YOU. If their corporation is out of state - even MORE COST TO THEM. Since local police are not FUNDED for programs like "CD Police" (and even if they were, they'd have to untwist and involve every corporation on your burned CD; there's no money for THAT). And think about it: with all the cases of "true crime boot-legging" on the FBI books, they simply cannot afford to haul in some kid who burned a stinkin' CD for a friend. You aren't being logical. 2) If its a compilation CD, it's likely each song is owned by a different corporation. This means EACH company can only try to prosecute you for that ONE SONG. I doubt a class action suit (involving all companies on your CD) would pool its money for the purpose of HUNTING YOU DOWN AND BRINGING YOU TO JUSTICE!! 3) What are these companies damages? What did burning and selling this CD cost them? .99 cents a song off Napster? JUDGE: "Pay the bailiff, you... you stinking CD burner boy..... um... six dollars! Now THAT'll teach YOU!".
4) You could literally call up each company who owns the copywrite on those songs you burned.... tell them that you burned them to a CD and sold it to a friend... give them your name and address... and STILL THEY WOULD LAUGH AT YOU AND SAY, 'WELL PLEASE DONT DO THAT'. So burn away, my good man. But if the band is something like SIMPLE PLAN I think you get legally clubbed just for liking them. .
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Grendel
Bill S. Preston, Esq.
But ... why is all the rum gone?
Posts: 17,593
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Post by Grendel on Mar 20, 2008 3:51:45 GMT -5
According to the RIAA, everything is pretty much illegal.
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EvilMasterBetty, Esq.
Bill S. Preston, Esq.
Bird...Birdie...birdie......Tiger...Tiger Tiger.....
R2C2 Reporting for duty
Posts: 17,355
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Post by EvilMasterBetty, Esq. on Mar 20, 2008 4:04:35 GMT -5
Yes it's still illegal because no one would believe you that you didn't know what was on there. The only way this might work is if the CD is rewritable, but I doubt even that would fly.
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Post by willywonka666 on Mar 20, 2008 6:33:19 GMT -5
The record companies make money off the sale of those cds though oddly enough
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default
Bill S. Preston, Esq.
Blames Everything On Snitsky. Yes, Even THAT.
Posts: 17,056
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Post by default on Mar 20, 2008 6:40:22 GMT -5
The record companies make money off the sale of those cds though oddly enough Yeah. You figure a DVD is more expensive than a CD. Yet they can take DVDs, slap public domain movies on them slap 'em in cases, and sell 'em for a buck and make a profit. Now with CDs, you gotta figure... how much profit is being made off these? And yeah, it's illegal to do that. Same with people who taped movies off VHS and sell 'em at yardsales. It's just noone cares about that.
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Post by acressl on Mar 20, 2008 6:41:50 GMT -5
You can get away with ripping someone's trachia out and bury them w/ limestone underneath your toolshed if you're smart enough. Though much like this I would think there to be perhaps some moral concerns.
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Post by Rob's No. 1 Fan on Mar 20, 2008 14:00:40 GMT -5
You can get away with ripping someone's trachia out and bury them w/ limestone underneath your toolshed if you're smart enough. Though much like this I would think there to be perhaps some moral concerns. Moral concerns - HAHAHA. OMG! Oh, yeah, lets not do anything to the angelic corporate neocons who PAYED radio stations (proven fact) to push their music so they could lull the American public into buying THEIR product for $22.00 a pop. No. Let's not be immoral. Man, you guys are weird. Maybe I shouldn't stand too close. I wouldn't wanna smudge anyone's halo. .
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Post by The Booty Disciple on Mar 20, 2008 14:22:37 GMT -5
You can get away with ripping someone's trachia out and bury them w/ limestone underneath your toolshed if you're smart enough. Though much like this I would think there to be perhaps some moral concerns. Moral concerns - HAHAHA. OMG! Oh, yeah, lets not do anything to the angelic corporate neocons who PAYED radio stations (proven fact) to push their music so they could lull the American public into buying THEIR product for $22.00 a pop. No. Let's not be immoral. Man, you guys are weird. Maybe I shouldn't stand too close. I wouldn't wanna smudge anyone's halo. . Um, ONE person said something of that nature, and it might well have been in jest (sarcasm doesn't always translate to a keyboard). Ease up, will ya? Making blanket generalizations about other posters is probably not the best way to make friends and influence people (at least, influence them in a positive fashion).
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Post by acressl on Mar 20, 2008 15:29:49 GMT -5
Moral concerns - HAHAHA. OMG! Oh, yeah, lets not do anything to the angelic corporate neocons who PAYED radio stations (proven fact) to push their music so they could lull the American public into buying THEIR product for $22.00 a pop. No. Let's not be immoral. Man, you guys are weird. Maybe I shouldn't stand too close. I wouldn't wanna smudge anyone's halo. . Um, ONE person said something of that nature, and it might well have been in jest (sarcasm doesn't always translate to a keyboard). Ease up, will ya? Making blanket generalizations about other posters is probably not the best way to make friends and influence people (at least, influence them in a positive fashion). Wow. It's good to see someone's out here getting people of my back when I'm sleeping. ;D Indeed, a keyboard and sarcasm don't quite gell. We live in a world of bootleg nonsense. It made me want to be a proper collector/supporter of what I like. Corporations evil!?!? Meh. You gonna let the bad guy make you the bad guy? It may seem meaningless, but I've come to believe It's not. However, as I said I don't care, there's no need to spar with me. I'm not going to turn you in to the authorities for having burnt CDs. (man, would that dude get some heat) He's right though, Austin is. This isn't the best way to go about making friends here. Hell, I've been here for two years and have like five. Peace, brother. EDIT: Oh, I'm sorry sister. Now I feel terrible for having spoke to a lady so.
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Squirrel Master
Hank Scorpio
"Then the Squirrel Master came out of left field and told me I'm his bitch!"
Posts: 6,648
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Post by Squirrel Master on Mar 20, 2008 15:47:38 GMT -5
You could sell a photo of Ana Lucia Dominguez and give away the CD as an added free bonus. Get it?
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Post by Dynamite Kid on Mar 20, 2008 15:50:47 GMT -5
Can you get away with selling hot cars because you're selling the metal and leather and plastic, not the car?
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Post by Dynamite Kid on Mar 20, 2008 15:52:30 GMT -5
Man, you guys are weird. Maybe I shouldn't stand too close. I wouldn't wanna smudge anyone's halo. Well if you can't respect your other posters, then maybe you shouldn't be on the board at all, never mind 'standing too close.'
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Post by Rob's No. 1 Fan on Mar 20, 2008 19:28:07 GMT -5
glad you guys dont have tazers. But acressl: That was the cutest thing you said. lol... That made me smile so bad. I swear. "EDIT: Oh, I'm sorry sister. Now I feel terrible for having spoke to a lady so."I left you a private message lol *kisses.
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