this post was submitted on 10 Apr 2024
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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I'm not trying to be a jerk here, but you saying it over and over and offering no proof or corroborating evidence for your claims isn't furthering the discussion. I've provided two examples of cases where purchasing a file constitutes ownership and not a license, one where purchasing an MP3 constitutes full ownership of the MP3 via the terms of service, and one where purchasing an eBook constitutes full ownership of the ebook. According to you this is impossible, but I've provided two clear examples where it is, in fact, possible.
I am interested in hearing why you believe what you believe and what evidence you can present that supports your beliefs, but if all you can do is restate that you say it's x/y/z without any legal standing it and without anything that explains how the terms of service I provided are incorrect or unenforcable (e.g., can you provide me any previous situation in case law where terms of service expressly disclose an mp3 or ebook purchase as a merchandise transaction, but then treat as a revocable license?), I'm not sure where we can go from here. I appreciate your willingness to have the discussion but I'm not here to take someone's word without any corroborating evidence.
I think that a lot of people think what you think, and I think a lot of people think that because the majority of places online only allow purchases as licenses, but just because 85% or 90% of places you go online sell you a license to an mp3 or an ebook doesn't mean that other places don't exist where you can buy the mp3 or ebook outright. Further, I've done a lot of digging and I cannot find any case law that supports your claim that it's not possible to "own" a file. Authors own manuscripts they write on their computer and can seek civil or criminal penalties when those files are stolen, musicians own the raw files they make of their music and can do the same, etc.
No, you posted links claiming to do something impossible.
There is no legal concept of ownership of a file. It does not exist. There is no framework that can be interpreted to enable someone to own a specific copy of a file, which again, disappears every time you move it. You own the intellectual property contained in a file, or you don't.
The framework that does exist is a license to a file (not a specific copy. Specific copies don't mean anything). That license can be insanely permissive. It can grant you anything from permission to change, alter, and redistribute without any permission or attribution, to "you can view this once on this specific device", and pretty much anything in between. But it's always a license. It's not capable of being anything else.
Physical media is ownership of that actual physical item. The law has added an implied license granted by possession of said item that grants additional rights to back up the contents, on a very limited basis, but the only thing with ownership involved is the actual physical media.
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1478&context=wmlr
Case precedent and law proves you incorrect. Fixed copies of digital assets have repeatedly been proven to be capable of being "owned". There is no requirement that an item be a physical, tangible good in order to be owned. I don't know where you're getting your information (because you refuse to cite it), but it's incorrect.
You realize that that paper is literally calling the entire premise you're arguing for as "unrecognized by law" and is an argument that the law needs to change, right? It doesn't even sort of support you on the current status. It's a giant call to action to change the law.
What you own is a license. I'm literally all cases. There is legally nothing in between copyright assignment and a license in any scenario. It does not exist, and is not capable of existing without completely rewritten copyright law.
You can argue whatever you want.
But if you try to resell the "single copy" of digital content you supposedly own from any of the platforms with that marketing lie, every one of them will aggressively take action. And they'll win every time.
Because you don't and can't own a copy of a file and don't have the inherent rights ownership provides.
Dude we agree
Read the fine print on your DVD’s/CD’s and you’ll see he’s right. The MPAA and record labels 1000% assume that everything you “buy” is a limited license. We can argue all day about what it functionally means - legally or otherwise - but that’s just the truth man.
Let me ask you this: if you “own“ your movie, choose whatever format you like: Why do you have to pay a fee to screen it to multiple people if everyone isn’t physically in your home and only to your family? It’s not like my cell phone stops being my property when I leave my house.
It’s because it’s a limited license delivered in a physical format.