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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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sound recordings only? | 147 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
sound recordings different
Authored by: Anonymous on Friday, July 05 2013 @ 04:07 PM EDT
The different treatment for sound recordings comes about because a
sound recording in retail form was a disc of vinyl, or earlier phenolic resin.
There was no known¶ way to take a piece out and still have the piece
work as intended. The piracy that took place back then was of whole
recordings, so the law was written to cover whole recordings.

¶ Only twenty years out of date for Digital Audio
Workstations, hardly time for anyone to think about it.
Yes, sixty or more years out of date for tape recorders, but
tape recorders were unknown and/or unconsidered by the
lawmakers at the time. Observe that the 1971 law at last
deals to a problem that had first occurred at the birth of radio
nearly fifty years earlier. But deals to it in a way the linked article
describes as "Congress screwed up"

[ Reply to This | Parent | # ]

sound recordings only?
Authored by: tknarr on Saturday, July 06 2013 @ 01:09 PM EDT

I don't think it'd matter. De minimis isn't merely a defense in copyright law. As I understand it it's a general legal principle that applies to all areas of law, not just copyright. Eg. if I tried suing someone for trespass and damage to my property and it turned out he'd stumbled and put one foot a few inches off the edge of the sidewalk, crushing a bit of grass and that's it, the court would dismiss the case as not being worth bothering with. Technically he did trespass, technically he did damage my property, but both are so minimal that even if the court ruled completely in my favor the damages wouldn't even come to the cost of parking and the court has better uses for it's time than haggling over this.

[ Reply to This | Parent | # ]

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