Consumer Reports subscription?
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RunsLikeAGirl
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Posted: 03/15/04 - 12:46 Post subject: Consumer Reports subscription?
Anyone have an online one and want to send me the list of top rated 27" TVs?
PM me!!
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megawill
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Posted: 03/15/04 - 14:27 Post subject:
that would be copyright infringement...punishable by?
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megawill
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RunsLikeAGirl
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Posted: 03/15/04 - 14:28 Post subject:
| megawill wrote: | that would be copyright infringement...punishable by?
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megawill |
Death?
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megawill
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Posted: 03/15/04 - 14:36 Post subject:
Sec. 504. - Remedies for infringement: Damages and profits
(a) In General. -
Except as otherwise provided by this title, an infringer of copyright is liable for either -
(1)
the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or
(2)
statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits. -
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
(c) Statutory Damages. -
(1)
Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
(2)
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was:
(i)
an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or
(ii)
a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.
(d) Additional Damages in Certain Cases. -
In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.
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purple hayes
Frightened Inmate #2
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Posted: 03/15/04 - 14:37 Post subject:
Are you positive that is copyright infringement? Isn't that like borrowing a copy of a magazine? What if I just called her and told her the top rated 27" TVs?
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copteacher
Adjunct
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Posted: 03/15/04 - 14:54 Post subject:
Tell me again why libraries are full of copying machines again?
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RunsLikeAGirl
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Posted: 03/15/04 - 15:43 Post subject:
| megawill wrote: | Sec. 504. - Remedies for infringement: Damages and profits
(a) In General. -
Except as otherwise provided by this title, an infringer of copyright is liable for either -
(1)
the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or
(2)
statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits. -
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
(c) Statutory Damages. -
(1)
Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
(2)
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was:
(i)
an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or
(ii)
a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.
(d) Additional Damages in Certain Cases. -
In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years. |
Forgive my lack of understanding of legalese, but why is Best Buy allowed to recite the list to me, but I'm not allowed to hold a copy of it in my hands to verify what they're telling me?
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thegman
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Posted: 03/15/04 - 16:30 Post subject:
| megawill wrote: | that would be copyright infringement...
megawill |
Not so, unless the holder is distributing it as a pattern, and for sale. At a minimum, anyway, 17 U.S.C. § 109 would cover the first sale.
If it's given to someone else, especially as a one time occurence, it's not infringement.
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megawill
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Posted: 03/15/04 - 16:37 Post subject:
| thegman wrote: | | megawill wrote: | that would be copyright infringement...
megawill |
Not so, unless the holder is distributing it as a pattern, and for sale. At a minimum, anyway, 17 U.S.C. § 109 would cover the first sale.
If it's given to someone else, especially as a one time occurence, it's not infringement. |
then why is it an infringement to download 'copyrighted' music off the net (i.e, napster) for my own use?
(actually, my initial response was meant to be a joke...but this is kind of an interesting subject)
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megawill
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thegman
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Posted: 03/15/04 - 16:42 Post subject:
| megawill wrote: | | thegman wrote: | | megawill wrote: | that would be copyright infringement...
megawill |
Not so, unless the holder is distributing it as a pattern, and for sale. At a minimum, anyway, 17 U.S.C. § 109 would cover the first sale.
If it's given to someone else, especially as a one time occurence, it's not infringement. |
then why is it an infringement to download 'copyrighted' music off the net (i.e, napster) for my own use?
(actually, my initial response was meant to be a joke...but this is kind of an interesting subject)
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megawill |
Because Napster is the first violator. They're obtaining, using and distributing it for commercial use.
If you knowingly obtain the distributed material from a source acting in this fashion, you've participated in the infringement.
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jrjo
Gone Fishin
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Location: Lake Wobegon, MN
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Posted: 03/15/04 - 16:45 Post subject:
Mega.. Did you get permission to cut n' paste that??
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BamBam
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Posted: 03/15/04 - 16:47 Post subject:
just give the girl a freakin recommendation on a TV already..!!!!
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jrjo
Gone Fishin
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Posted: 03/15/04 - 16:48 Post subject:
Don't all you Pencilians all own native Sylvanias?
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megawill
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Posted: 03/15/04 - 16:52 Post subject:
| BamBam wrote: | | just give the girl a freakin recommendation on a TV already..!!!! |
depends what she wants to spend...
high - mitsubishi or sony
med - toshiba
low - samsung
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megawill
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megawill
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Posted: 03/15/04 - 16:53 Post subject:
| jrjo wrote: | Mega.. Did you get permission to cut n' paste that??  |
no but i quoted my source
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megawill
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