OT: Legalese [Re: And another Ubuntu convert!]

Derek Broughton derek at pointerstop.ca
Tue Jan 27 20:54:47 UTC 2009

Mario Vukelic wrote:

> On Tue, 2009-01-27 at 15:12 -0400, Derek Broughton wrote:
>> Show me such a license, then.  Movies don't have them.
> I don't think I have any movie CDs anymore, at least I can't find any.
> But the first DVD I grabbed from the shelf (Elvis: That's the way it is)
> reads:
> copyrighted product has been manufactured and distributed by Warner Home
> Video, a Time Warner Entertainment Company, and is authorized for sale
> or rental for private home use in the USA and Canada ONLY. The sale or
> rental of this product outside of the USA and Canada has NOT been
> authorized by Warner Home Video, and is in direct violation of the
> written terms of trade. Federal law provides sever civil and criminal
> penalties for the unauthorized distribution, reproduction or exhibition
> of copyrighted motion pictures, video tapes or videodiscs.
> Elvis: That's the way it is & Photography [lots of copyright notices].
> All rights reserved. Available from blah blah blah".

And not a thing in there to say that you need to have an authorized player 
to play it...

> Ah, here I have a DVD of an Austrian TV series from the seventies. The
> notice is in German, but I'll translate:
> "The DVD is intended only for private home use. Copying onto empty tape
> is prohibited. 

Pretty telling that they explicitly reserve the right to copy onto your own 
media, isn't it?

> A CD, first one I found from a major label, Neil Young & Crazy Horse:
> Weld:
> "Reprise Records, a Time Warner company. [Address]. [Copyright notices].
> All rights reserved. Unauthorized copying, hiring, lending, exhibition,
> public performance, broadcast prohibited. Made in Canada by blahblah".
>> Of course they're
>> copyrighted - every work is.  But we have laws about what you can do with
>> copyrighted material, and, in Canada, fair use includes putting it on the
>> medium of your choice.
> What you do own is the material disc of course. The copyright holder of
> course owns all rights to the content and lets you use it. Note how they
> always say "Unauthorized this and that"

And, in Canada, as I keep saying, copying to your own media is _authorized_ 
use.  Copyright has fair-use provisions everywhere, which limit just how 
much use can be restricted.  What constitutes fair use differs, by 

All those example you have given are assertions of copyright, and 
specifically _not_ licenses.  That's why schools need special copies to show 
in class, because those _do_ have licenses.

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