[ILUG] IOL Broadband handing over information.

[Paul Jakma]

On Thu, 9 Jun 2005, Gareth Eason wrote:

> replaced. Argue. Point out that you would be willing to pay a 
> nominal fee for the replacement of the medium so you may use the 
> _LICENSE_ you have paid for to utilise the material contained upon 
> the medium.

I'm not sure you have such a right though.

You don't need a licence to play/listen/look at some copyrighted 
work. You buy the work, you have no need for a licence to use it 
(using != copying/reproduction AIUI). Whether you take care of the 
work sufficiently so that you can make use of it for a long period of 
time is your business. There is no copying involved in, eg, reading a 
book - no copyright. I can lend or sell you my books, DVDs, etc and 
you can 'use' them without copyright coming into play at all.[2]

This changes slightly with digital media, however, AIUI, under the 
irish copyright law you implicitely have the rights you need to make 
use of the work[1].

You don't however have a right to demand another copy of the work if 
you lose or break your original copy.

IIRC You have a right to make backups, but I suspect that might only 
cover software - i dont know - i cant remember.

1. Though, this has been restricted by that damn amendment on digital 
rights. So in face of DRMish access-control, it seems you only have 
the rights granted by that access-control, sadly. (IIRC from a 
previous discussion here on ILUG). The language in the original act 
was quite consumer friendly, but no more. :(

2. You can't 'perform' the works in public though. That's a different 
right, one which you don't get simply by buying a DVD, CD or book.

> (and DVD I assume) material. One is the sale of a product - (you've 
> bought a product and you've damaged it, tough luck... but if you 
> buy a product you may do whatever you chose with it!) and one is a 
> sale of a license (you may only do certain things to the data on 
> the CD/DVD - i.e. listen to it, but not copy it, etc.)  This is 
> hugely problematic, since record companies, etc. are cherry picking 
> the bits that suit them from both streams of law... not exactly 
> fair really...

No, you didn't get a licence, other than those implicitly granted by 
the copyright act - which does not give you a licence to demand new 
copies should you lose/break your original copy.

> was kind enough to replace it for me, without me pushing the issue. 
> I did still have a receipt proving I had purchased it from there 
> (in fact, it probably had shop stickers on the case still) - but I 
> would have been prepared to argue :-)

Hehe. I dont think they would /have to/ though, so you wouldn't have 
won that argument, if you'd have had to carry it to its end (ie 
court).

> 	Same goes for software shipped on CDs with EULAs and license
> agreements. Force the supplier / manufacturer to pick 1 (ONE) law to
> cover their product, rather than cherry pick to suit...

IIRC, the copyright act grants a few extra rights for software.

regards,
-- 
Paul Jakma	paul at clubi.ie	paul at jakma.org	Key ID: 64A2FF6A
Fortune:
taxidermist, n.:
 	A man who mounts animals.