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>

Intellegent agents and web crawlers will have to get a lot better than they are today and SQBI will have to be much better before free and easy searches become effective.

The other point is that if I go to the Bettman and get an image, I am probably save in using it within the limits of my license. If I go free lance across the web, I can never be sure about rights and permissions on images I can find. If I am using the images for business, that kind of certainty would be worth the relatively small cost of the license.

If you'll notice, Bill also claims copyright on WinWord, but he really doesn't have to worry about enforcing it domestically (foreign professional pirates are a different question). He holds his market by customer service and upgrades. By the time someone comes out with a copy, Gates already has out a new release.

Buford C. Terrell                       1303 San Jacinto Street
Professor of Law                              Houston, TX 77002
South Texas College of Law                voice   (713)646-1857
terrell[_at_]stcl.edu                            fax   (713)646-1766

               ****NOTE NEW ADDRESS****