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> There's actually pretty solid legal argument for first doctrine not applying to digital media. Of course there is. When someone uses a loophole, they’re doi
by kd5bjo 6y ago
> There's actually pretty solid legal argument for first doctrine not applying to digital media.
Of course there is. When someone uses a loophole, they’re doing something legal to get an unintended or nonobvious benefit— If an activity isn’t legal, it isn’t a using a loophole: it’s just fraudulent / criminal behavior.
The net effect of moving from producer-supplied media to consumer-supplied media has (among other things) resulted in a de facto curtailment of historical consumers’ rights, despite nobody doing anything illegal. The original drafters of copyright simply didn’t envision a world where products would be regularly delivered in a form that couldn’t be physically separated from the purchaser’s other posessions.
- TheRealPomax 6y agoThe original drafters of copyright have not been relevant to copyright law for an incredibly long time: we've revised it so many times that unless you want to invoke the most recent judges and lawyers involved, this argument has nothing to do with actual reality.