You lost some CDG's? Now remove them!

kayleigh said:

If I purchased legal downloads online, my name & the company's name is on the receipt. I also keep the PayPal receipt (if I paid using their service) and have my bank records to prove I made the purchase. It isn't too difficult to contact the company and confirm the purchase.

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True but I'm speaking strickly of physical CDG discs now.... but on the subject of downloads I bet you'd be hard pressed to prove ownership on the spot... granted you could if forced to by court of law...

But when talking about physical CDG's if the disc is completly missing having a reciept and or cd insert, while it does prove you did own the disc at one time doesn't mean you still do... that's what I'm driving at.

jokerswild said:

To me that logic doesn't hold water...

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Joker, Here's what I learned. It doesn't matter if it holds water for you or me. I sat in on an actual hard media copyright case. No rumors, second hand info, or internet gossip. I watched the case tried in a court of law- personally. The COURT considers a receipt proof of purchase. The COURT considers an insert secondary evidence in conjunction with an affadavit or sworn testimony. The COURT views software and music CDs in the same manner, allowing for back-ups, as long as they are not intended for distribution. Also, believe it or not, the court considers INTENT. Produce proof of legal ownership and purchase, and they fugure that you have no INTENT to defraud the licensor. I watched it happen.

Personally, I agree with your logic, but the courts have been empowered to interpret the laws as they see fit, and this time it is to our benefit- so backup away....

Joe,

Care to share details about the case such as who was suing whom, and for what; court level (local, superior, appelate etc); docket #, approx date the case was heard etc. Not challenging what you're saying, but I've been looking for this type of case law and its disposition. PM me if you're more comfy doing that. Thanks

djdon said:

Joe,

Care to share details about the case such as who was suing whom, and for what; court level (local, superior, appelate etc); docket #, approx date the case was heard etc. Not challenging what you're saying, but I've been looking for this type of case law and its disposition. PM me if you're more comfy doing that. Thanks

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Since the case involved my brother's software company, and I don't know how much he wants it publicized, and I'm the one who's gonna deal with it if he gets ticked, I'm afraid I have to wait for his permission. Hopefully I will be able to share within the week.

I CAN tell you that the case was tried in New Hampshire. My brother ( The "software bad guy" for our purposes) lost. He then lost an appeal.