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Old 09-12-2008, 03:47 PM   #6 (permalink)
ironman
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Location: Guatemala, Guatemala
Quote:
Originally Posted by Cynthetiq View Post
If there is no DRM, then maybe, the above is true somewhat. But if that's the case, then why would you delete it after you sold it? being honest?
DRM stands for Digital Right Management, is nothing more than a lock to avoid unauthorized copies, MP3s are rarely crippled by DRM. And yes, you should delete just for being honest.

Quote:
Originally Posted by Cynthetiq View Post
As far as I can tell, the answer is no based on my conversations with the contracts and rights groups I work with. The rights holder licenses the buyer, but generally limits the transfer of the license only to the buyer. There is no ability for the buyer to resell his license to another party. The real answer is found when you read the EULA or TOS for receiving the download.
As far as I can tell by the PhD I have in IP, yes you can, don't let anyone tell you otherwise, obviously, those that have a direct interest in selling more copies will tell you otherwise, that doesn't mean you don't have the RIGHT to.


Quote:
Originally Posted by Cynthetiq View Post
This is why there are specific copies for libraries and rental companies like Blockbuster and Netflix. The license for those copies are very different and reflect transfer of license for owning the rental copy and renting it. There are even provisions for selling off copies (those bargains you see after the movies are released on video and are no longer hot rentals) and then finally destroying those unsold copies. Those units must be destroyed and that doesn't mean just thrown in the trash.
Those are specific licenses for libraries and rentals, as the market and price is not the same for an end user and "special users". Your license does not grant you the right to rent the mp3, only to use it in a limited way. If you want to rent it like blockbuster, you MUST acquire a license to do so, as you are obtaining a benefit from a third party intellectual work.

Quote:
Originally Posted by Cynthetiq View Post
aaah... the knowledge I've gained working in the legal department for a publishing company...
The knowledge I've gained after 7 years of post degree IP studies... Now, by US law I'm obligated to make this Disclaimer: ironman is a lawyer , but he's not your lawyer, and none of this is legal advice or analysis.
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Last edited by ironman; 09-12-2008 at 03:53 PM..
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