Technically, when you purchase a CD, the only thing you actually own is the plastic disc. What you spent most of the money on was a license to use that data for yourself. Be it Music, Video Games, Software, etc. The license cannot be destroyed, as long as proof of the license exists. So does that mean if I accidently break a copy of Tony Hawk 3 for Playstation 2, I should then have to pay another 40 dollars for yet another license of Tony Hawk 3? Or shouldn't I be entitled to then buy a CDR and burn Tony Hawk 3 from an ISO? (Yes, I'm aware PS2 isn't CD, it's a hypothetical thing), or perhaps mail away a trivial amount of money (a few dollars for shipping and cost of media) to obtain another copy of Tony Hawk 3? Shouldn't it work that way? So far it hasn't, anyone I've talked to or emailed won't send me a copy of a music CD I scratched badly and doesn't play, even though I'm willing to pay for the portion that's actually the physical media.
For example, a friend of mine was borrowing a DVD from his brother. My friend's laptop was stolen, with the DVD inside. Obviously the laptop is the bigger issue, but he had to go out to Best Buy and plop down another 24 dollars for a DVD to replace the one that was stolen with his laptop. Why couldn't he call Columbia or Paramount or Universal and have them ship him another disc after he provided some kind of verification that he owns a license for it? The actual DVD media costs what, 50 cents max? But nope, it doesn't work that way..
They're treating the data as a sold product and as a licensed product, depending on how it suits them at the time.. And thats wrong. It's that old saying, you can't have your cake and eat it too..
I don't think this is correct. With music CDs, at least, you aren't buying a license to anything. You just buy a medium with information on it. Your reproduction and dissemination of the information is constrained by copyright law, but is not constrained by a license.
For software there may be a license involved as well, which supposedly grants you the right to do things like install the software on your hard drive, use the software, etc. But just playing the disc like some sort of wacked-out audio CD doesn't require a license, for example.
I agree with you that the content industry wants to have it both ways; I just disagree with you on how far from reality they really are:)
My coworker lost the licence key for his copy of Microsoft Windows 2000 Professional.
Instead of borrowing a CD-Key from a freind, our employer or finding one on the Internet, he called Microsoft. He found the 1-800 # on their website (Customer Service, I beleive) and although he was transferred twice in the conversation, they readily supplied him with another valid CD-Key.
No questions, no validation or Proof of Purchace, they just gave it to him over the phone!
Two months later, he had to reinstall again (he messes around in the registry too much) and had forgotten where he placed the CD-Key. He called them again and without question they gave him another CD-Key!
If the most evil company in the world can do this for a customer, why can't the companies who sell CDs? DVDs? Hell, even books for that matter!
Want to know something else interesting about CD-Keyus as handed out mby MS? My company has a copy of Win2K Server, and Advanced server. I also have a legit copy of Server. Interestingly, all three have the same CD Key, even though mine was acquired completely separately from my company.... I found it rather interesting.
I had a copy of Fifa 99 that got scratched. I emailed EA about it, and a few weeks later, I got another copy in the mail. If you happen to talk to the right person, you can sometimes get a replacement.
Actually we aren't licensing music. There is no contract on or inside the CD package. As such CDs and most music are point of sale goods, which are covered by the Universal Consumer Code (I think that's what it is called). Which gives us rights to it functioning properly etc.
Software on the other hand has not been terribly clarified. It's been in the courts and has been treated both as a POS good and as a contract. It's still being worked out, mostly because the software companies want to be able to disclaim liability, but courts aren't quite comfortable with shrink wrap licenses. AKA how can you agree to something if you can't read what you're signing?
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My question about licensing data.. (Score:3, Interesting)
For example, a friend of mine was borrowing a DVD from his brother. My friend's laptop was stolen, with the DVD inside. Obviously the laptop is the bigger issue, but he had to go out to Best Buy and plop down another 24 dollars for a DVD to replace the one that was stolen with his laptop. Why couldn't he call Columbia or Paramount or Universal and have them ship him another disc after he provided some kind of verification that he owns a license for it? The actual DVD media costs what, 50 cents max? But nope, it doesn't work that way..
They're treating the data as a sold product and as a licensed product, depending on how it suits them at the time.. And thats wrong. It's that old saying, you can't have your cake and eat it too..
Re:My question about licensing data.. (Score:2, Insightful)
I don't think this is correct. With music CDs, at least, you aren't buying a license to anything. You just buy a medium with information on it. Your reproduction and dissemination of the information is constrained by copyright law, but is not constrained by a license.
For software there may be a license involved as well, which supposedly grants you the right to do things like install the software on your hard drive, use the software, etc. But just playing the disc like some sort of wacked-out audio CD doesn't require a license, for example.
I agree with you that the content industry wants to have it both ways; I just disagree with you on how far from reality they really are :)
Re:My question about licensing data.. (Score:2, Informative)
Instead of borrowing a CD-Key from a freind, our employer or finding one on the Internet, he called Microsoft. He found the 1-800 # on their website (Customer Service, I beleive) and although he was transferred twice in the conversation, they readily supplied him with another valid CD-Key.
No questions, no validation or Proof of Purchace, they just gave it to him over the phone!
Two months later, he had to reinstall again (he messes around in the registry too much) and had forgotten where he placed the CD-Key. He called them again and without question they gave him another CD-Key!
If the most evil company in the world can do this for a customer, why can't the companies who sell CDs? DVDs? Hell, even books for that matter!
Re:My question about licensing data.. (Score:1)
Re:My question about licensing data.. (Score:2)
Re:My question about licensing data.. (Score:1)
Re:My question about licensing data.. (Score:2)
Software on the other hand has not been terribly clarified. It's been in the courts and has been treated both as a POS good and as a contract. It's still being worked out, mostly because the software companies want to be able to disclaim liability, but courts aren't quite comfortable with shrink wrap licenses. AKA how can you agree to something if you can't read what you're signing?