[Novalug] Re: Over the Top

[Gavin Baker]

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I'll combine a few originals into one reply:

From: Jason <novalug at jasons.us>
> Dan  Arico wrote:
>>> No doubt a lot of you have heard about this:
>>> 
>>> http://www.washingtonpost.com/wp-dyn/content/article/2007/08/01/AR2007080102398.html
>>> 
>>> 
>>> I've watched my last movie in a movie theater. Screw 'em.
>>> 
>>> Dan Arico
> Sure, Regal overreacted, but the girl had to know that recording any 
> part of a movie is wrong.

Er... *is* it wrong? 20 seconds for your kid brother? That sounds a lot
like fair use to me.

> What ever happened to personal responsibility?

What ever happened to treating customers like guests rather than criminals?

From: "Tux subscriber Dave Aronson" <tux2dave at davearonson.com>
> Jason [mailto:novalug at jasons.us] writes:
> 
>> the girl had to know that recording any part of a movie is wrong.
> 
> No.  She might reasonably be expected to know that recording any part
> of a movie is *illegal*.

Is it illegal? *Any* part of a movie? Even 20 seconds?

Would it be illegal to quote "any part" of a book?

From: "Keith Casey" <mailinglists at caseysoftware.com>
> Part of the agreement in her watching the movie
> was that she wouldn't record it.  She broke the terms of the
> agreement and is suffering as a result.

I went to a movie at this very theater a few weeks ago. I can say with
certainty that there was no agreement I had to sign in order to watch
the movie. There was no contract. The cashier never said to me, "By
buying this ticket, you agree to waive all fair use rights under law."
None of that happened. I suspect none of it ever happened to this girl,
either. So to exactly which "agreement" are you referring?

I don't agree with wholesale unauthorized copying: if she was recording
the whole movie, that's not right. But she says she only wanted to
record 20 seconds. Now maybe the movie theater wants to set a rule that
says, "no cameras, period" -- I think that's within the theater's
rights, and if you break the rule, I think it's within their rights to
kick you out. But to face a year in jail? It's out of all proportion to
anything.

I live two stops down from Ballston. A few weeks ago, a burglar came
into my building and robbed several units -- physically intruded and
stole physical goods, which (unlike films) are rivalrous: when someone
else takes your TV, you can't still have it, too. It took the police
weeks to make an arrest. People in the building were nervous and feared
for their safety. And the Arlington police were wasting their time
arresting and prosecuting this girl? Now that's criminal.

Gavin
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