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Subject:Merchants vs. Consumers (was More ethics...) From:"Douglas S. Bailey (AL)" <dbailey -at- commandalkon -dot- com> To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Tue, 21 Aug 2001 14:46:13 -0500
> > Andrew Plato wrote:
> >There is no need to make "backup" copies of DVDs or CDs as they
> > cannot be overwritten.
> >The "fair use" claim is a red herring. Its an attempt to
> Rob Rinehart wrote:
> While I am not taking sides, I believe that it can be
> necessary to make
> backup copies of DVDs or CDs. They can be lost, stolen,
> broken, or damaged.
Now that brings up an intriguing dilemma. When technology creates new and
unprecedented ramifications, do we embrace them, to the expense of
merchants? Or do we prohibit the ramifications, to the chagrin of the
consumer?
If I buy a truck and some drunk hits me, totalling it, I have to shell out
big bucks for a new set of wheels. On the contrary, if I buy FrameMaker and
have it in the trunk when the drunk hits me, destroying the CD, should I
have to shell out the purchase price over again, like I had to do with the
truck? Or can I make a backup copy of the CD and keep it at home, to
*insure* myself against just such an emergency?
There is currently no software "insurance", similar to the insurance I can
purchase for my truck, that will prevent the replacement cost from draining
my wallet. (Or is there? lol) Doesn't this situation support my "right"
to make a backup copy for my protection? (Note: not everyone has
homeowner's or auto insurance.)
As Tracy said here, impact upon sales is one of the deciding points of fair
use. Should we take advantage of technology and permit backup copies for
the protection of software purchasers/licensees, or should we prohibit it
because we can't make a backup copy of an automobile? Do we allow merchants
to take the financial hit of lost sales of replacements for damaged or lost
software applications, or do we make the consumer take the financial hit by
requiring him to purchase a new copy?
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