copyright question...

[sixf00t4]

here is a questions, processing copyright infridgment here at pitt, and someone was busted for a copy of the movie "cradle 2 grave." so we send an email out to him letting him know he needs to get rid of it. he replies saying that the file was mislabelled and it is infact not cradle 2 grave....which leads me to my question....

1. say i create an mp3 of my own work, and call it "metallica - enter sandman" is that legal? if not, why not?

2. with misnamed files, that are actually copyrighted material...how does that work? what if the file is cradle2grave, but really the content is 2 weeks notice. what then? how about files that have abbreviations, like system of a down's file could be SOAD - track 3. where is the line?

perhaps if there is some loophole, a scheme can be created like placing stupid characters in everyother character. such as CtRaAtDqL$Es2nG5R8AbVjE for cradle2grave...what do you think?

[Urban_Squrill]

Thats a good Idea. Good question too.

Whether is named wrong or not, its still copyrighted information. The chances people will get in trouble for them will be less as the RIAA will be looking for specific names.

As for you naming the mp3 "metallica - enter sandman” the name metallica and enter the sandman should be protected under there copyright law or something. But it would only affect you if you tried to sell it using that name. Of course you sharing that out, the RIAA pick you up for even passing a file named that will just cause a lot more heart ache than im sure you will want to deal with

There is a lot of gray areas in the fight against piracy. As getting data has become easier, it took the attention of the media. Many people were figuring out laws needed to be created


Personally I wish all p2p would die

ok to make this simple yes using a name from an band that is illegal sp long as they have the name trademarked/copyrighted and most all of them do. Metallica is trademarked or copyrighted therefore your in violation of their rights. You may be able to use the song title however even using a name simliar to metallica and using the song tittle enter sandman can be a violation as well. As GZ said there are some grey areas

As for mislabeled materials...say I d/l a file labeled metallica load and the band is actually melal heads loaded or some weird garbage...well there is no legal recourse unless they can prove the files are copyrighted. Howver just the fact that the file is mislabeled would be an illegal action, even tho its a mistake it would have to be fixed. The reason bein is your trading on the bands name even if it is an unknown mistake and the material is indeed a different band it makes no difference

[sixf00t4]

interesting. so the key is (that is to say IF you share illegal music) to mislabel all your songs like metallica or maybe add an R at the end metalicar. just make yourself fall in the grey area. they would have to download the file from you, and then somehow proove it came from your pc. which i cant see how they would do that unless they took your pc.

no no your not reading what i wrote properly. The key is to quite sharing songs its illegal. But even if you shared a file labeled metallicar it is still basically the same as using metallica. Copyright infringement still apply because of the likeness of the name. As well as the fact that your sharing a copyrighted song. ITS ILLEGAL There are no legal loopholes to jump through to make it not illegal.

I wish ya'll would see the point. There is no difference from walking into a bank and stealing my money from my account. IT 100% illegal to share any copyrighted material. And once you have shared the file you no longer have any rights. You are not protected under search and seizure laws either. As you are allowing access to anyone including law enforcement.

[Chuckiechan]

Reading between the lines here, what RIAA is doing is intimidation. They are trying to shake people down out of court.

Let's say you label several songs you make up while whistleing in your shower, and you give them copyrighted names, such as "Cradel to Grave". Fine so far.

Now you get sued by RAII for copy wright infringement and they want $3,000 and they will drop the case. You lawyer wants $4000 to consider your case (you are a defendant so you need to pay up front). You say you want to go to trial and then counter sue. Your attorney asks you to fill out a financial statement, looks at it and shows you the door.

As long as RAII keeps it out of court, there is no constitutional questions, no consideration of guilt or innocence, simply pay me and I'll leave you alone. They also own the names anyway. They eventually will own all sound!