Under a strict reading of copyright law, this actually makes sense.
The problem is that the fundamental concept of IP is nonsensical and insane. When applied rationally, it will of course result in wacky results like this.
The problem is that the fundamental concept of IP is nonsensical and insane. When applied rationally, it will of course result in wacky results like this.
You may encounter issues if you attempt to distribute the altered copy, but that's not at issue here.
"The first press clipping agency in London was established in 1852 ... Early clipping services employed women to scan periodicals for mentions of specific names or terms. The marked periodicals were then cut out by men and pasted to dated slips. Women would then sort those slips and clippings to be sent to the services' clients".
See Mirage Editions v. Albuquerque A.R.T. Co., 856 F.2d 1341 (1988) [1] and Lee v. A.R.T. Co., 125 F.3d 580 (1997) [2].
The first, in the 9th circuit, involved a company whose business was:
> 1) purchasing artwork prints or books including good quality artwork page prints therein; 2) gluing each individual print or page print onto a rectangular sheet of black plastic material exposing a narrow black margin around the print; 3) gluing the black sheet with print onto a major surface of a rectangular white ceramic tile; 4) applying a transparent plastic film over the print, black sheet and ceramic tile surface; and 5) offering the tile with artwork mounted thereon for sale in the retail market.
The appeals court found that this was a copyright infringement.
The second, in the 7th circuit, involved the same defendants who bought an artists' notecards and small lithographs from a retail art store and:
> mounted the works on ceramic tiles (covering the art with transparent epoxy resin in the process) and resold the tiles.
The 7th circuit found that this was not an infringement.
There were some differences in the cases, in particular in the 9th circuit case the defendant was buying art books and cutting out the pictures to mount and sell but in the second case they were buying individual notecards and lithographs to mount and sell.
As far as I know this has never reached the Supreme Court, and neither case has been overturned in its circuit by subsequent cases in that circuit, and so Mirage is still the law in the 9th and Lee still the law in the 7th. In other circuits there have been district court cases that dealt with this issue, but it has not reached their appellate courts.
[1] https://law.justia.com/cases/federal/appellate-courts/F2/856...
[2] https://law.justia.com/cases/federal/appellate-courts/F3/125...
Ebooks sadly are different. I only buy DRM-free ebooks that grant me rights similar to what always exists for printed books, but that sadly limits what ebooks I can buy quite significantly.
I use to rip DVDs so I could watch them on my laptop. Same idea here; same lack of moral conundrum. I wouldn’t share copies of those things outside my household, in the same way that I’ll let my kid read my physical books but I’m not scanning and sharing them on my website. But for my own personal use? Of course. I own those copies.
Copyright is unfortunately like one of the supernatural demons. You draw the little chalk circle on the ground and voice the incantations, and you think you're in control. That it can't leave the circle. But once summoned, this demon does not go away, and it just ignores the circle... it's just a scribble in chalk. Then you run around gibbering forever, crying about how it should've worked, you should've been safe while ignoring that it's a demonic force hellbent on burning down the Library of Alexandria and plunging humanity into a new dark age. Reject copyright. You'll never get it to play nice. They always feel hungry, always trying to take more. Every book on the New York Times Book Review Notable 100 list is available for 4 minutes of your bandwidth. Every Hugo winner, every Pulitzer novel, ever Nobel winner, every trashy little magazine you liked to skim through when you had to go to the grocery store with mama as a kid, all the classics of antiquity, everything. They're right there, waiting for you.
Most people do not agree, in that they think arranging the magnetic fields in your drive to represent and store child pornography should be punishable.
It isn’t a stretch then to presume that storage of other types of data might also be proscribed.
I do not do that. Thus, the example is irrelevant. Though it might actually be a good example as to how people use excuses like that to violate others' liberty even when they're not engaged in that particular reprehensible activity. Even before you finished reading that sentence, the little "but you might" thought popped up in your head.
>It isn’t a stretch then to presume that storage of other types of data might also be proscribed.
I don't dispute that it is proscribed. I simply do not care. When copyright maximalists have to stoop to "what about child pornography" arguments, I think it is more than reasonable that people simply stop listening right at that point. Nothing else they say can or should ever matter.
I'm pointing out that under our current system, our society has banned storage of certain digital material. It is not inconsistent with our current system to expect other types of digital material to be banned similarly.
> I own the hard drive. How I choose to arrange the little magnetic islands on the platter is my business.
It's not just sequences of magnetic fields; it's what those magnetic fields represent that cause them to be legislated upon. Thus, your implied argument that you should be free to do whatever you wish simply because it's just magnetic fields on your own device (an argument I agree with 100%, fwiw) is not really a rebuttal in this case because our current system does not recognize or permit that right, and a majority of people in our society agree with that circumstance.
It's nothing whatsoever to do with what types of files you personally do or do not store. The CP example was simply an example of one type of banned magnetic field patterns. Another would be bulk stolen PII.
I actually agree with your viewpoint; but ours is a minority opinion that is not reflected in society or law. Even though there is no victim when a digital file is copied, a majority of people in our world do not want possession and distribution of certain files to be legal.
so it should be legal to install an ad block plugin, but not legal to run an ad-stripping proxy.
It was created whole cloth as a legal fiction to prop up an industry that the legislature thought was worth propping up.
If you think about it, if search engines didn’t exist, and you invented and marketed one today, you’d be sued into oblivion. Same goes for public lending libraries.