As written...
(snip)
First off, thanks for the binary posting!
Don't take this as a personal attack- given the hair-trigger nonsense
about anything involving the Net these days, caution is certainly
prudent...but...
While the spirit of what you're saying is reasonable, you're pushing
the point by arguing that posting this is illegal-
Speedvision and AMC both show this film quite frequently. Complaining
about rebroadcasts (usenet posting, albeit a minor snippet, certainly
fits the bill) is as absurd as complaining about people circulating
tapes for personal viewing. Have you ever borrowed a tape from a
friend, with no monetary compensation, to watch, say, a Grand Prix? If
you live in the US, you probably have!! By your logic, this too is
illegal. Are web sites showing snips of Grand Prix qualifying illegal?
I sure hope not, because I can't get the goddamn qualifying on TV, but
that's another story for another day....and if so, why hasn't the FIA
prosecuted them? They're certainly ruthless enough.....
Who's to say that I don't have a copy of Grand Prix (I do) and sampled
the songs- in fact, a stereo broadcast taped onto a VCR has a better
sound quality than any pre-made audio tape, and it's clearly better
than recording from an LP. Then I give the samples to a friend, for
the same price as the net posting cost. Nothing. Do I owe anybody
$200? Does he?
Did I pay for the film I recorded? Nope- taped it when AMC was doing a
free-weekend preview. The only difference between is how you arrived
at the samples- did you record from your videotape (again, personal
use here, it's never been illegal to tape a broadcast) or did you
download from the net? You can argue about the evil internet all you
want- the distribution medium is the only difference. How does that
make it illegal? If I don't sell copies, where's the law being broken?
If the producer chooses to make something freely available, how can
you argue that they can file for damages? This isn't "The Phantom
Menace" being posted on the net three months before the VCR version is
released here....this is an ancient movie with an out-of-print
soundtrack. Is the copyright expired? Of course it's not. But how is
this distribution different from a free viewing being taped? I don't
see the copyright arguement entering into this at all, unless it was
sold for a profit.
Good luck finding this soundtrack. You'll be very hard pressed to do
so- and this file certainly wasn't posted for profit, nor was it
posted to deter sales for a nonexistent product. At best, it saved
somebody the time to sample and convert to MP3. Again, personal use is
the arguement here. How can you say there's been any loss to the
producer of the medium when it's freely available to copy (on TV,
radio, whatever)?
Enough prattle. Time to run some laps at the Glen....
J