home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Toolkit for DOOM
/
DOOMTOOL.ISO
/
news
/
2900
/
2989
< prev
next >
Wrap
Internet Message Format
|
1994-09-05
|
5KB
Path: oz.cdrom.com!barrnet.net!agate!howland.reston.ans.net!math.ohio-state.edu!jussieu.fr!univ-lyon1.fr!swidir.switch.ch!newsfeed.ACO.net!Austria.EU.net!EU.net!uunet!ankh.iia.org!ralph.vnet.net!news1.digex.net!access1!tdarcos
From: tdarcos@access1.digex.net (Paul Robinson)
Newsgroups: alt.games.doom,comp.sys.ibm.pc.games.action,alt.cd-rom
Subject: Re: WAD AUTHORS - READ THIS - DOOM WAD CD response
Followup-To: alt.games.doom,comp.sys.ibm.pc.games.action,alt.cd-rom
Date: 5 Sep 1994 13:03:21 GMT
Organization: Tansin A. Darcos & Company, Silver Spring, MD USA
Lines: 72
Message-ID: <34f4up$ejb@news1.digex.net>
References: <3317l1$e8q@ixnews1.ix.netcom.com> <331e09$702@panix2.panix.com> <genghis.777305621@ilces> <rayvt-2308940819010001@dd311.comm.mot.com> <genghis.777861753@ilces> <34cvvs$2b8@news1.digex.net> <genghis.778725559@ilces>
NNTP-Posting-Host: access1.digex.net
X-Newsreader: TIN [version 1.2 PL2]
Xref: oz.cdrom.com alt.games.doom:3939 comp.sys.ibm.pc.games.action:1465 alt.cd-rom:815
Scott Coleman (genghis@ilces.ag.uiuc.edu) wrote:
: tdarcos@access3.digex.net (Paul Robinson) writes:
: >If the work says it is permitted to be distributed for free, but does not
: >permit distribution at a charge, that constitutes illegal price fixing
: >under the Sherman Antitrust Act, and if it ever came up in a court, the
: >court would declare the restriction void as a violation of federal law.
: This is perhaps the fourth post you've made exposing your opinion,... [I]
: don't believe it. Perhaps when Seth's case gets to court...
Yeah, four or five years from now. Ever seen the backlog in most state
and federal courts?
I'll find the paper on antitrust issues and post it if there's interest.
Let's say that someone put a restriction that said, "This file may be
copied by anyone except negroes, Jews and Puerto Ricans. Those who are
any of the preceding are not permitted to copy this file." Would
anyone believe that such a condition would be enforceable under copyright
law?
: Let me phrase this another way: tell me how Sherman applies to the
: situation where the copyright holder does not limit distribution on the
: basis of price, but rather on the basis of MEDIUM, e.g. "This PWAD may
: be distrubuted on any MAGNETIC medium; distribution via other media,
: including but not limited to optical media, are hereby prohibited."
I wasn't talking about the type of medium. I was talking about the case
where someone puts a restriction based upon price, e.g. that the item can
be distributed free but can't be distributed for a charge. There we have
a serious issue under Sherman.
As to restrictions on media, that seems a rather fractous ground to
raise, because one of the questions that is going to be asked is why the
restriction. If he says it's to allow people to give it away but to make
it difficult for someone to sell it, then he's in trouble. If he has
been involved in the selling of CDs before, he may be on stronger ground,
on the other hand, what if there is a magnetic label on the CD (just to
throw in another can of worms)? What about magneto-optical devices?
This assumes the other side doesn't use every trick it can think of to
run the meter up on his end, like huge and volumous discovery motions
(which can be quashed but require his lawyer to file the motions,
meanwhile running the meter up). And if they offer a settlement, is he
going to refuse? And if they just go Chapter 11, and start a new company
from scratch which is not part of the old one, who pays the lawyer then?
The courts can come up with some odd concepts. There is also the
possibility that the court might rule the "no optical distribution"
clause was an attempt to evade the antitrust restrictions on setting
resale pricing levels. If he's been doing CD Rom distributions then he
might be on stronger ground, but I wouldn't want to have to risk what a
judge or jury might decide.
On the other hand, the court might rule that the incident constituted
"innocent infringement" and limit damages to $200. Antitrust concerns do
not just include price, they can include any method of raising the barrier
to entry or otherwise attempting to keep someone out of a market. If you
don't like it, fight to get this stupid antitrust law repealed.
I'm not saying I approve of someone bulk copying someone else's work and
not offering them anything for it, what I am saying is that if you put
such restrictions (method, price) in play, you had better have good legal
advice that your restrictions are not only enforceable, but that they
don't trigger some other legal issues that could backfire.
--
Reports on Security Problems: To Subscribe write PROBLEMS-REQUEST@TDR.COM
Paul Robinson - paul@tdr.com / tdarcos@MCIMail.com / tdarcos@access.digex.net
Voted "Largest Polluter of the (IETF) list" by Randy Bush <randy@psg.com>
Voted "Largest Polluter of digex.general" by Mike <voss@orange.digex.net>