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So you buy a blank tape, then.....



 
 
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  #1  
Old October 3rd 04, 09:17 PM
trippin28track
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Default So you buy a blank tape, then.....

Let's assume for purpose of debate, that Joe Tracker logs onto Ebay
looking for blank 8-track tapes. He finds an auction for 5 sealed
Scotch 90-minute blanks. He waits until the last half minute, slams
down a $20 proxy bid, and ends up buying the tapes for $15 plus $5
shipping. He pays immediately via paypal a total of $20, and 4 days
later a package arrives at his house- it's the 5 Scotch sealed blanks.

Joe T. has $20 into the tapes, or $4 each. He owns them personally
now, they are his property, to do with as he wishes. He can record
his own LP's or CD's on them, or live music, or radio station music,
anything he wants. That right is granted to him by the Home Recording
Act. (which basically says, if a company sells tape recorders and
blanks, the law has to let the public use them too). He can also just
sell the sealed blanks at a profit if he can and so wishes.

Now, let's say Joe takes one 8-track blank, loads it into his trusty
ol' Transcriber 8-track recorder deck, and dubs his ancient "Doors 13"
vinyl LP onto it, in its entirety, needle pops, skip, and all. At
this point, the tape still belongs to Joe T. The tape does NOT belong
to Jim Morrison's estate, or Elektra label, or to the remaining Doors
band members. Joe delights in listening to this 8-track dub for the
next few years and retires the vinyl LP to the attic.

Well, 5 years later Joe's wife is cleaning out his closet, and decides
these old 8-track tapes just have to go. So she chucks all 5 of Joe's
Scotch blanks, along with other misc. items, in a box, and drops them
off at the Goodwill store. She is NOT REQUIRED BY LAW to erase the
Doors dub before donating it to Goodwill.

Now, the Doors 13 dub has just changed owners, it is now officially
the property of GOODWILL INDUSTRIES, and is part of their official
"inventory", to be resold at a PROFIT by Goodwill. The tape still
DOESN'T belong to Elektra, the Doors, or Jim Morrison's estate.

OK, so enter John Scrounger, who goes into the Goodwill store one day,
sees this Scotch blank 8-track with "Doors 13" handwritten on it, and
plunks down 49 cents plus tax for it. Goodwill turns a 49 cent
profit, ka-ching. The State Government gets some money too in sales
tax. John S. takes the tape home, listens to it for about a year,
then decides his apartment is too cramped with junk. So he transfers
the 8-track to CD, then lists the tape "as is" on Ebay for $2 and no
description other than "Doors 13 8-track tape" and one picture. He
doesn't say it's a dub, he doesn't say it's authorized, he doesn't
care either way, and he likewise can't be bothered. But any
knowledgeable 8-tracker can take one look at it, and see it does not
have the factory Elektra label and playlist on it. Golly gee, those
Ebay buyers run that darn Doors 13 dub up to $9 anyway, and with
shipping John S. takes in $11 and ships the tape.

John S. makes about $8.50 on a dub, ka-ching- minus ebay and paypal
fees. Is he a heinous criminal, defrauding the public, and a liar ??
Hell no, he's the typical Ebay seller, listing what he finds in the
condition he finds it. Hell, John S. even gets a positive feedback
from Mary the Ebayer- who bought the Door 13 dub on Ebay.

The tape at no point in this course of transactions, becomes the
property of Elektra, the Doors, or Jim Morrison's estate. Sure,
technically Elektra can "sue" for infringement on their sole right to
record/distribute, but that is doubtful as 8-tracks are an obsolete
format that does not affect their bottom line profits in any way.
There is no "willful" intent on the part of Joe Tracker, Goodwill, or
John Scrounger. Cripes, it's not like they have a factory set up
churning out thousands of these tapes, we're talking ONE TAPE. It is
totally moronic to sue over an $9 tape- as the court costs and
lawyers' fees alone would run into thousands $$. Elektra knows that
even if they won, John S. is basically broke, and you can't get blood
from a stone. Gee, Elektra may even LOSE, then John S. can sue
Elektra for court costs- it works both ways-a 2 edged sword. With
millions of CD's, DVD's, SACD's selling in the current digital market,
Elektra has bigger fish to fry with the MP3 file sharing people-file
sharers are the ones really hurting the digital market. It is highly
doubtful you will see Elektra suing the Goodwill store, or Joe
Tracker, or John Scrounger, (or the State for getting the sales tax
money.)

Now, enter Mary the Ebayer, she BOUGHT the "Doors 13" dub on Ebay.
She really digs Jim Morrison, she just can't stand having that Doors
13 dubbed tape with "Scotch" on the label and that old worn
handwriting. She finds a Jim Morrison picture on the net, prints it
out, and glues it on the tape- and is really pleased with how it
looks. A year later she finishes college, has to clean out her dorm
room and move back home, and guess what, donates all her old
textbooks, and the dubbed "Doors 13" tape, home made label and all, to
the local SALVATION ARMY store.

And the process starts all over again...are you guys getting the
picture yet ??

You buy a blank tape. It's yours. Just cuz you put some band's old
music on it, that doesn't mean that tape changed ownership and now
belongs to the band or music label or the FBI or the Feds or the
Copyright Office. Actually you have an investment of time and money in
that tape, and you have a right to recover that if you want. It can
even be argued you have "added value" to the blank tape. You are free
to dispose of it as you see fit- by destroying it, donating it,
selling it at your yard sale, burning it in a bonfire, shooting it
with your AK-47, and golly gee- you may even turn a little profit on
it on Ebay. In John S.'s case, he made around $8.50 on a tape someone
else recorded years before at home. THE TAPE IS WHATEVER YOU CAN SELL
IT FOR, and certainly worth the INVESTMENT YOU MADE IN IT at least- no
one can stop you from buying a blank tape for $4, then trying to get
$4 back for it when you're done with it. At no point does it become
"their" tape, just cuz you recorded on it.

This type of thing happens all the time. It's not a heinous crime as
Southern Pad & Foil/3 Stooges 8-Tracking make it out to be. It's the
reality of the internet 8-track world. Having bought 400 tape lots
regularly from Goodwill and Salvation Army, it is not uncommon for
almost 1/3 to 1/2 of them to be home recorded tapes or bootlegs.

Now, let's assume that other jealous/anal collector-type trackers see
John S.'s auction, their eyes bulge at the price his dubbed tape went
for- and they whine, cry, kick, and scream like girly-men. What if
John S. lives in Maine, and the girly-men live in Texas. What if some
of these Gibbies even prefer TR-803 decks, minty labels, and AMC
****boxes. Are said collectors assholes and wimps, deserving to be
bitch-slapped regularly ??

Answer: most certainly, YES.

ps- Remember the movie "So Wrong They're Right" ?? The guy that bought
the home recorded disco 8-track at a thrift store, and was commenting
on how good it sounded ?? Prime example. The THRIFT STORE made a
profit on that. BIG DEAL. And if that EXACT TAPE from the movie was
listed on Ebay by that same guy, I'm sure it would sell for a very,
very good price- to some 8-track collector- as an artifact from the
movie.

And so what if it did- good for him.
Ads
  #2  
Old October 3rd 04, 09:25 PM
winnard
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Posts: n/a
Default


"trippin28track" wrote in message
om...
Let's assume for purpose of debate, that Joe Tracker logs onto Ebay


Ok, I don't filter anyone, until now. You ramble on and on and just don't
get it.



winnard


  #3  
Old October 4th 04, 12:16 AM
lennon fan
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Posts: n/a
Default

John is right, you just don't get it and I'm kicking myself for even
responding to this but:
THE COPYRIGHTED MATERIAL ON THE BLANK BELONGS TO THE COPYRIGHT OWNER,
NOT THE MAKER OF THE TAPE OR THE SALVATION ARMY OR THE 3RD HAND OWNER OF
THE HOMEMADE TAPE.
THE 3RD HAND OWNER OWNS THE PHYSICAL TAPE ONLY. NOT THE PROTECTED
COPYRIGHTED MATERIAL (IOW the music, in your silly example The
Doors/elektra).
Your deceptive advertising is criminal and deep down you know it.
If you had honesty in you, you would clearly state that your tapes were
not original. You obviously have no conscience as you are happy to
exploit the gullible and naive. Instant Karma gonna get you
Why you continue to post here when virtually no one can stand you is a
real mystery. Either you are a masochist who is turned on by abuse or
you're just a moron with far too much time on his hands.
I'll let the other readers of all this judge for themselves )

  #4  
Old October 4th 04, 12:36 AM
Daniel & Kathy Gibson
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Posts: n/a
Default



trippin28track wrote:

snip

You are a cheat, a liar, and a blowhard, with way too much time on your
hands.

Dan
--

Daniel and Kathy Gibson
http://www.katestrackshack.com
"Kate's Track Shack -Your Internet Home For Inexpensive 8-tracks!!"
AND...
http://drnooseandjambone.com
"DrNoose And Jambone - Do It To The Optigan!"
  #5  
Old October 4th 04, 04:23 AM
trippin28track
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Posts: n/a
Default

John,

I just wish for ONCE, that when you guys cry "filter", you actually
did it and stuck to it. And kept the filter on. EVERY TIME you guys
say "filter", you are back answering my posts in 2-3 days. WTF is
that, the boy that cried wolf to the Nth degree ??

You fellas have a problem, that being, you get all the posts on this
NG emailed to your home email addy. That is freakin' stupid and your
own fault, as you'll be swamped with spam for life.

I don't get the emails sent to my addy at home- it's better to log on
the Google Groups site, and read the posts on the archived 8-track
collecting page.

I suggest you try it, and shut off the email thing already- for all
posts-permanently.
 




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