home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky misc.legal.computing:2319 comp.org.eff.talk:7184 misc.int-property:1498
- Newsgroups: misc.legal.computing,comp.org.eff.talk,misc.int-property
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!jeffrey
- From: jeffrey@netcom.com (Jeffrey Kegler)
- Subject: Re: S893 - Copyright infringement a felony
- Message-ID: <1992Nov22.072956.20494@netcom.com>
- Keywords: copyright infringement felony
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1992Nov19.083656.11920@netcom.com> <1992Nov19.135827.12834@porthos.cc.bellcore.com> <1992Nov19.201021.28781@u.washington.edu>
- Date: Sun, 22 Nov 1992 07:29:56 GMT
- Lines: 45
-
- In article <1992Nov19.201021.28781@u.washington.edu> tzs@carson.u.washington.edu (Tim Smith) writes:
- >whs70@dancer.cc.bellcore.com (sohl,william h) writes:
- >>More importantly, in my opinion, is that while this discussion may
- >>be fun, there's really no likelihood that anyone is going to be
- >>sued by a recording company for any home taping. If anyone knows
- >>of a case, I'd sure like to hear about it.
- >
- >It happened in video recording. When Disney and Universal sued Sony
- >in the Betamax case, the actual list of defendants was:
- >
- > Sony, ...
- > William Griffiths, a person who used a Betamax.
- >
- >Disney and Universal didn't ask for any damages from Griffiths, and he
- >didn't actually appear or have an attorney, so it isn't that big a deal that
- >he was included. Still, I wonder if he was told this *before* being included,
-
- He was very much aware, unlike the other defendants. Mr. Griffiths
- worked for a private detective agency, and was hired by the plaintiffs
- to make himself a defendant. Among the things he did for them was
- walk into a randomly chosen, and unsuspecting, store and attempt
- (successfully) to buy a Betamax. It may have been thought that
- without a named defendant who actually did taping, the suit might be
- thrown out. None of the other defendants were alleged to have
- directly violated copyrights, simply to have enabled that act. (I'm
- not an attorny, so don't fully understand the reasoning.) I don't
- think the case at any point turned on the presence of Mr. Griffiths as
- a defendant.
-
- The above is my recollection from a _New Yorker_ piece in their
- "Annals of Law" series. I believe my recollection of it is accurate,
- but some time has elapsed.
-
- Jeffrey Kegler, Independent UNIX Consultant, Algorists, Inc.
- jeffrey@algor2.ALGORISTS.COM or uunet!algor2!jeffrey
- 137 E Fremont AVE #122, Sunnyvale CA 94087
- --
- Jeffrey Kegler, Independent UNIX Consultant, Algorists, Inc.
- jeffrey@algor2.ALGORISTS.COM or uunet!algor2!jeffrey
- 137 E Fremont AVE #122, Sunnyvale CA 94087
- "Nitwit ideas are for emergencies. You use them when you've got
- nothing else to try. If they work, they go in the Book. Otherwise
- you follow the Book, which is largely a collection of nitwit ideas
- that worked." from the _Mote in God's Eye_ by Larry Niven and Jerry
- Pournelle
-