05-05-2011, 04:27 PM
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Confirmed User
Join Date: Aug 2003
Posts: 7,082
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Quote:
Originally Posted by kane
What I am getting at is that that there is a difference between EXCLUSIVE and MONOPOLY. The movie companies are simply releasing their material in a manner that makes it exclusive at first so that they have the best possible chance to recoup their investment. They are not denying anyone it, they are just telling them that if they don't want to pay the exclusive price, they will have to wait a few months.
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"In enacting a copyright law, Congress must consider . . . two questions: first, how much will the legislation stimulate the producer and so benefit the public; and, second, how much will the monopoly granted be detrimental to the public? The granting of such exclusive rights, under the proper terms and conditions, confers a benefit upon the public that outweighs the evils of the temporary monopoly."
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and
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The 1976 Act, like its predecessors, [Footnote 2/9] does not give the copyright owner full and complete control over all possible uses of his work. If the work is put to some use not enumerated in § 106, the use is not an infringement.
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The fair use doctrine must strike a balance between the dual risks created by the copyright system: on the one hand, that depriving authors of their monopoly will reduce their incentive to create, and, on the other, that granting authors a complete monopoly will reduce the creative ability of others
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http://supreme.justia.com/us/464/417/case.html
you might want to actually READ the betamax case before claiming that their is a difference between
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