Re: Fixation during transmission...

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Tue, 16 Apr 1996 23:28:23 -0600

On 4/15/96, Jamie Wodetzki <jwodetzk[_at_]nla.gov.au> wrote:
>
> On Fri, 12 Apr 1996, Dale Dietrich asked:
>>
>> Do they sometimes have to make intermitent copies, however transient,
>> into RAM or onto disk while awaiting downline communications traffic to
>> clear before retransmitting such messages?
>>
>> Do they always copy the message into RAM or disk prior to transmission?
>
> Whatever the answer may be for now, I want to warn everyone about what's
> going on at the Berne Protocol/New Instrument discussions.
>
> There are proposals to include a number of definitions in the final
> treaty language. To date, very few countries have actually made
> suggestions, but there is an Argentinian proposal for a defintion of
> 'reproduction' as follows:
>
> 'Reproduction' of a phonogram or performance fixed in a phonogram
> means the fact of making one or more originals or copies of all or a
> substantial part thereof, regardless of the method used to make the
> copy [sic] or the medium in which it is made, including the storage of
> the phonogram or of the performance fixed on a phonogram in electronic
> form, REGARDLESS OF THE DURATION OF THE STORAGE. [emphasis added in
> CAPS]
>
> As you can see, they appear to be suggesting that breezing onto a hard
> disk for a nanosecond is nonetheless a reproduction.

I guess storing stuff on a hard drive has never really bothered me. If you pull the power, it is still there. That to me seems like fixation. My problem, more from a technical side, has always been fixation in RAM, because if you pull power, you have zippo. And I see the wording above applying just as much to RAM as hard drives.

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The preceding was not a legal opinion, and may not be my employer's. Original portions Copyright 1996 Bruce E. Hayden My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

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Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Wed Apr 17 1996 - 04:31:34 GMT