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- Xref: sparky news.admin:8637 news.admin.policy:559
- Path: sparky!uunet!ogicse!qiclab!leonard
- From: leonard@qiclab.scn.rain.com (Leonard Erickson)
- Newsgroups: news.admin,news.admin.policy
- Subject: Re: Harmlessness of a.b.p.e (long, but read it anyway)
- Message-ID: <1992Nov23.150546.1106@qiclab.scn.rain.com>
- Date: 23 Nov 92 15:05:46 GMT
- Article-I.D.: qiclab.1992Nov23.150546.1106
- References: <1992Nov18.003412.10710@news.columbia.edu>
- Reply-To: Leonard.Erickson@f51.n105.z1.fidonet.org
- Organization: SCN Research/Qic Laboratories of Tigard, Oregon.
- Lines: 51
-
- dan@cubmol.bio.columbia.edu (Daniel Zabetakis) writes:
-
-
- > So my argument in favour of a.b.p.e is basically that the group does not
- >harm publishers of pornography. My argument looks at 5 features of the images
- >posted, and tries to show how they contrast to cases where the harm is more
- >evident.
- > You may not feel that all the argument are relevant. Indeed, many will feel
- >that my whole article is irrelevant. But I hope people will see more clearly
- >where I stand.
-
- > To show harmlessness, I hope to show that the images posted to a.b.p.e
- >are not really in competition with the works they originate in. The first
- >feature is completeness.
- > How many of you xerox articles from professional journals, and fail to
- >send in the $2.00 required? How many of those with thier hands up would
- >refrain from copying a whole magazine even if you were motivated to? The
- >concept of fair use allows you to make limited copies of works without
- >violating copyright. But I don't think there is a clear dilineation between
- >acceptable and otherwise.
- > A.b.p.e doesn't compete with Playboy (for example) because noone ever
- >posts the whole magazine. Or even a whole pictorial. What you normally see is
- >1-5 good pictures from a particular magazine. The extent of copying these
- >images will go through probably excludes them from 'fair use', but where is the
- >harm in it? The editors of Playboy would certainly object if you said that
- >those 5 images where the total worth of the 80 page magazine. I can see that
- >it would be harmful to post the entire contents of a magazine to the net.
- >(that very well might start happening in the not-too-distant future).
-
- Playboy is *actively* going after people distributing those pictures *because*
- it harms them. Specificly, because it greatly reduces the market for *their*
- electronic image distributions. Yes, they are going into this field.
-
- The difference between the (minor) harm of not sending in the $2 for that
- magazine article, and distributing a Playboy pinup via Usenet is precisely
- the difference between making a copy of an extract and distributing free
- copies of said extract. You impair the ability of the copyright holder
- to get people to buy extracts from them.
-
- The law is clear, and so is the marketplace. Free copies *do* harm the
- copyright owner. And they harm the consumer too. I'm quite sure that
- any GIF or JPEG files produced by Playboy or the other publishers will
- be superior in quality to many of the badly scanned images we see now.
-
- You are in effect asserting "*I* see no harm in it, therefore there is
- no harm."
- --
- Leonard Erickson leonard@qiclab.scn.rain.com
- CIS: [70465,203] 70465.203@compuserve.com
- FIDO: 1:105/51 Leonard.Erickson@f51.n105.z1.fidonet.org
- (The CIS & Fido addresses are preferred)
-