Re: How can the Bettmann Arc

just my .02 cents on this thread... now from a new address and country too :)

>>> Gates will probably sell many of the images on CD, where it will
>>> be cheaper and more efficient to buy and use GAtes's CD than it
>>> will be to copy it oneself. His product will be a service: store,
>>> locate and retrieve the image; not an IP product: the image itself.
>>>
>>> Buford C. Terrell
>>
>> And will Gates sell his CD with a shrink-wrap license forbidding
>> duplication and distribution of the particular images thereon?
>> Assuming that he can enforce the license, I figure that the resulting
>> contract would pass muster under $301. An action for infringement of
>> a license requires the plaintiff to prove an element not necessary for
>> a (c) infringement suit. The license right thus ought not be
>> considered equivalent to any of the rights set forth in $106. Even if
>> this moots $301, though, the Supremacy Clause remains a problem.
>>
>> Tom W. Bell
>> Program in Law and Technology
>> Univ. of Dayton School of Law
>> <tomwbell[_at_]aol.com>
>
> The whole point is that it doesn't matter. It will still be cheaper
> and more efficient to go back to a single source and rebuy from Gates
> than it will be to hunt down free copies that have been mirrored
> elsewhere. If I want a picture of a left-handed monkey wrench wielded
> by a left-handed monkey and know that I can probably get one for single
> use from $5 from www.bettman.com, why should I waste time looking for
> a free one elsewhere and why should Gates worry about a little leakage
> when what he is selling is comprehensiveness and convenience, but
> images. Copyright is almost wholly irrevelant to the whole operation.
>
> +-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+
> ****NOTE NEW ADDRESS****
> Buford C. Terrell
> South Texas College of Law
> 1303 San Jacinto, Houston, TX 77002
> (713)646-1857 terrell[_at_]stcl.edu
> +-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+

I kinda have this question... And if there exist free or cheap ways to make this search for the image you could get from gAtes?? i actually agree that he would be selling the convenience rather than the images itself... but maybe there could be other convenient ways of finding that image, specially if you have net access, and the little leakage may become a real problem.

Just something I was thinking about....

Dirceu Pereira
<dpsrosa[_at_]ax.ibase.org.br> Received on Mon Oct 30 1995 - 16:34:28 GMT