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by codedokode
647 days ago
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Interesting note. Indeed, copy is defined as a material object where the work is "fixed". It looks like it was made intentionally to not let buyers re-sell electronic files. But there is also a definition of "fixed": > A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission. And definition of "display": > To “display” a work means to show a copy of it ... So does it mean that if we have, let's say, a hard drive with legally obtained ebook (a copy fixed in a tangible medium), and somehow transmit the book (show it to somebody) over the Internet from it without "fixing" (permanently storing) then it doesn't fall under "making a copy" or "display" and is perfectly legal? And maybe we can stream music the same way? I am not a lawyer of course just curious. |
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