- This topic has 168 replies, 26 voices, and was last updated 12 years, 11 months ago by .
-
Posts
-
And if someone did, chas v’shalom, copy, which is theft, then it’s (retroactively – DY) a rental at the rate of $100 a day, on condition not to copy.
Thanks DY.
So, what they’re doing is saying that if you bought a CD a year ago and make a copy now that they can ask you for $36000+? I’d like to see that stand up in any court.
The Wolf
I don’t know if marbehshalom will see this, but ???? ????? ????? has nothing to do with whether something was expressed in a way likely to be understood.
I hope his decision to leave the CR will be marbeh shalom.
DY, in that case then Aderet should make that stipulation on each CD according to the artist. If they don’t want the archius to be boycotted, they should specify that “in according with the artist’s wishes….” or “the artist allows you to make one copy for yourself”. If an artist wishes to be profitable off the backs of the Jewish Consumer then he has to treat the consumer with respect.
So, what they’re doing is saying that if you bought a CD a year ago and make a copy now that they can ask you for $36000+? I’d like to see that stand up in any court.
I assume you include a bais din. I tend to agree with you, although I can’t articulate why; my best guess would be because we could safely assume that the buyer never accepted that condition seriously.
I assume you include a bais din.
Yep, I did include a Bais Din.
I tend to agree with you, although I can’t articulate why; my best guess would be because we could safely assume that the buyer never accepted that condition seriously.
I’m reminded of those license agreements for software that we all click “OK” to without actually having read the terms.
Imagine if someone put something there to the effect of “and if you use function X of this software [which is perfectly permitted by law] the whole license turns into a personal services contract for which you have to come and clean my house for one day for every week you’ve owned the software.”
Think that would hold up in Bais Din or any other court?
The Wolf
Imagine if someone put something there to the effect of “and if you use function X of this software [which is perfectly permitted by law] the whole license turns into a personal services contract for which you have to come and clean my house for one day for every week you’ve owned the software.”
That happened to me once. Luckily, they picked Saturday and I was able to get off based on religious observance. 🙂
Even IF it isn’t halachicly allowed to copy a rental, that would only be strictly applicable to the ORIGINAL disc. Once it has already been copied (even wrongfully), making a copy of the copy, would not have the rental restrictions applicable to it.
Aries,
In most cases, it says not to copy for others.
deiezooger,
Explain what?
canine,
True.
DY what exectly almost happend to you?
I was almost forced to clean someone’s house once a week because I used function X. (I said a joke and almost everyone got it. 🙂 )
BS”D
As far as MM downloads are concerned, they loosened the rules. You used to have 5 downloads over a certain period of time. Now the downloads sit in your account permanently and you can keep downloading them. I had a problem with one of the downloads that was restored to my account and they sent me a copy using a download service to replace it. Next time I buy a download I will check to see if it is a rental or a purchase.
Yesterday I used what seems to be Lipa’s own production company’s download site to buy his new album. It is a new site in beta and while it is supposed to save my purchase history it did not. It looks like a technical problem, though and I am sure that if there comes a time that I need another download he will enable same.
Next time I buy a download I will check to see if it is a rental or a purchase.
How can a download be a rental?
Copyright Issues – Reviewed by Rabbi Benzion Schiffenbauer Shlita
A CD or tape which is no longer sold in stores and is not possible to buy may be copied from a friend.2
One who owns a CD or tape and is scared it may get lost is permitted to copy it. One who had a CD or tape which broke may make a copy of it from a friend.
One who owns a CD or tape may make a copy of it for personal use. For example, he may make a copy for his car, since it can be assumed that the one would not buy another copy of the CD or tape for his car, so no loss is being caused by the copying.3
It is permitted to copy a song off the radio since the quality is not as good as it would be if one were to buy the CD or tape.4
Music that is offered on the internet may not be copied since it is only put there for one to listen to.98 Some producers maintain that the forty-five second clips that are offered on the internet may be copied.4
Copying a CD or tape is forbidden even if one would never buy the CD or tape.5
1 Horav Yisroel Belsky Shlita. Refer to Igros Moshe O.C.
4:40:19, Yabea Omer C.M. 7:9, Mishnas Zechuyos Hayotzer
Halacha and Contemporary Society Spring 91 (number 21).
2 Refer to Igros Moshe O.C. 4:40:19.
3 Refer to Rivevos Ephraim 4:248, 3:596.
5 Horav Yisroel Belsky Shlita. One is not allowed to copy
even one song from many CDs or tapes to make a mix (Horav
Yisroel Belsky Shlita). If one who copied a CD or tape despite
not being allowed to do so may listen to it in any case refer to
Dr. Midos also came out against it. 😉
I think the Jewish music industry should take a page from the non jewish music industry and sell singles. Personally, I wont pay $15 for a CD of 7-8 songs of which I only like one, I would pay 2 or 3 dollars for a song that I like though.
Apushatayid,
Singles are available for download at Mostly Music, Sameach and Galpaz.
APY-
Mostly Music sells singles.
- You must be logged in to reply to this topic.