matticus008
Nov 29, 08:32 AM
I question any law/contract of this type on several grounds:
1 - How are the eligable rightsholders identified/compensated?
It depends on the system in place. In Canada, I believe the proceeds are turned over to the CRIA which is then responsible for distribution to its members through a process of their own selection (and not legally specified).
2 - How are they compensated equitably? Do you compensate Jay-Z and a classical artist the same? Which ever you prefer, Jay-Z sells more.
Again, it's up to the labels to decide. Once they get their cut from the CRIA, the label controls distribution within its internal channels. More popular artists on that label probably get a bigger cut than niche artists, but more importantly, individual artists likely never see much in the way of proceeds from this.
3 - If I've paid the royalty, don't I own rights to the music? Sure, I may need to find a copy of it, but I'm told that they're all over a thing called the "internet".
No. Most importantly, the royalty does not create a stipulation, or even a fiduciary relationship between you, the customer, and the CRIA. The exchange is between the company (Apple, RCA, Samsung, Microsoft, etc.) and the industry consortium.
Even setting that aside, you have no record of a transaction taking place at all. You can't claim to have paid royalties and have received nothing in return granting you any rights (one way to fight this is to demand that a given label supply you with a written document). Absent consideration, all you've essentially done is paid money for nothing--you didn't send the label a contract with your dollar (and you can't, since you're not paying them the dollar anyway, you'd be paying Apple). Your contribution isn't so much because you're pirating music, but because you could be. It's like putting down a deposit, having to pay insurance, or having a membership in a book club. You pay money, but that's not the end of the transaction. The only thing this royalty grants you is a tacit guarantee that Universal will continue to provide digital content.
1 - How are the eligable rightsholders identified/compensated?
It depends on the system in place. In Canada, I believe the proceeds are turned over to the CRIA which is then responsible for distribution to its members through a process of their own selection (and not legally specified).
2 - How are they compensated equitably? Do you compensate Jay-Z and a classical artist the same? Which ever you prefer, Jay-Z sells more.
Again, it's up to the labels to decide. Once they get their cut from the CRIA, the label controls distribution within its internal channels. More popular artists on that label probably get a bigger cut than niche artists, but more importantly, individual artists likely never see much in the way of proceeds from this.
3 - If I've paid the royalty, don't I own rights to the music? Sure, I may need to find a copy of it, but I'm told that they're all over a thing called the "internet".
No. Most importantly, the royalty does not create a stipulation, or even a fiduciary relationship between you, the customer, and the CRIA. The exchange is between the company (Apple, RCA, Samsung, Microsoft, etc.) and the industry consortium.
Even setting that aside, you have no record of a transaction taking place at all. You can't claim to have paid royalties and have received nothing in return granting you any rights (one way to fight this is to demand that a given label supply you with a written document). Absent consideration, all you've essentially done is paid money for nothing--you didn't send the label a contract with your dollar (and you can't, since you're not paying them the dollar anyway, you'd be paying Apple). Your contribution isn't so much because you're pirating music, but because you could be. It's like putting down a deposit, having to pay insurance, or having a membership in a book club. You pay money, but that's not the end of the transaction. The only thing this royalty grants you is a tacit guarantee that Universal will continue to provide digital content.
AppleScruff1
Apr 20, 02:13 AM
Why do you keep countering an argument that no one is actually making?
Straw man fail.
Not at all. I'm only showing where Apple has done what they don't like being done to them. Only a die hard defends them at all cost.
Straw man fail.
Not at all. I'm only showing where Apple has done what they don't like being done to them. Only a die hard defends them at all cost.
logandzwon
Apr 25, 03:13 PM
I love how Media and most everyone was asleep about this known issue, until just recently, and now it is some kind of emergency.
I am not an Apple apologist by any means, but it is NOT their fault if people are not securely backing up, their personal and private data.
Apple's only fault (IMHO) is not encrypting the location logfile on the phone, or the system with regards to backups. Regardless, security of data is the end user's responsibility, not the manufacturer of their computer or software.
See, I have a very different opinion.
Apple has an image of things just working. Apple actively promotes this image. The image is includes the idea that people don't have to worry about the details, like security of their devices. Even for backups, Apple makes it so all you need to have full backups is plug in an $50 usb drive.
That said, looking at the iPhone the way it is intended to be used, it's an accessory of your computer. A mobile remote with limited access to the "main" computer. If we except that view point, then;
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I am not an Apple apologist by any means, but it is NOT their fault if people are not securely backing up, their personal and private data.
Apple's only fault (IMHO) is not encrypting the location logfile on the phone, or the system with regards to backups. Regardless, security of data is the end user's responsibility, not the manufacturer of their computer or software.
See, I have a very different opinion.
Apple has an image of things just working. Apple actively promotes this image. The image is includes the idea that people don't have to worry about the details, like security of their devices. Even for backups, Apple makes it so all you need to have full backups is plug in an $50 usb drive.
That said, looking at the iPhone the way it is intended to be used, it's an accessory of your computer. A mobile remote with limited access to the "main" computer. If we except that view point, then;
gugy
Aug 6, 02:25 PM
It's not relevant, the marks are registered in different fields of activity...if these guys are real, they don't have a case anyway.
very true.
I just think is funny the stupid mentality of a reseller threatening of a lawsuit against their major product provider. Even if Mac Pro wins the suit (very unlikely) Apple could just stop providing products to them and basically killing their business or making them switch to a PC.
This is just is just as stupid as the Tiger Direct suit. So I would love to see Mac Pro being slapped in the face at the same way.
The truth must be that this post was just a joke just to have us debating about it. The real Mac Pro doesn't even care about this issue.
very true.
I just think is funny the stupid mentality of a reseller threatening of a lawsuit against their major product provider. Even if Mac Pro wins the suit (very unlikely) Apple could just stop providing products to them and basically killing their business or making them switch to a PC.
This is just is just as stupid as the Tiger Direct suit. So I would love to see Mac Pro being slapped in the face at the same way.
The truth must be that this post was just a joke just to have us debating about it. The real Mac Pro doesn't even care about this issue.
inhrntlyunstabl
Apr 27, 09:54 AM
And I'm sure when the next Apple-gate story gets created, the blind fanbois will jump to their defense. :rolleyes:
Hey Birther, guess what else happened today?! :eek:
Too many conspiracy addicts out there. Let it go and live your life.
Hey Birther, guess what else happened today?! :eek:
Too many conspiracy addicts out there. Let it go and live your life.
Macnoviz
Jul 20, 04:23 PM
Sort of proves the point i was trying to make, at some point mose users wil rather get a beter IO subsystem than more processing power.
Actually, that was my point, but now that you mention it, reversed hyperthreading would solve some problems.
In the long run (really long run, I'm talking quantumcomputers here) however, you are right, and innovation in computing will mostly come from software and how you tell the computer what to do. The nec-plus-ultra would be thinking of a result and getting it (or saying it to your computer) like a photoshop user going, well I would like the sun being more dominant in that picture, the power lines removed, and make those persons look younger. Boom. It happens.
Actually, that was my point, but now that you mention it, reversed hyperthreading would solve some problems.
In the long run (really long run, I'm talking quantumcomputers here) however, you are right, and innovation in computing will mostly come from software and how you tell the computer what to do. The nec-plus-ultra would be thinking of a result and getting it (or saying it to your computer) like a photoshop user going, well I would like the sun being more dominant in that picture, the power lines removed, and make those persons look younger. Boom. It happens.
supremedesigner
Jul 14, 03:29 PM
Burn two DVD's at once and DVD copying.
I have Mirror Door. How can I burn DVD (top) and CD (bottom) at once via Toast? I have tried and nothing worked, Toast only focus 1 thing at a time. Or am I wrong? :confused:
I have Mirror Door. How can I burn DVD (top) and CD (bottom) at once via Toast? I have tried and nothing worked, Toast only focus 1 thing at a time. Or am I wrong? :confused:
admanimal
Mar 22, 12:52 PM
Meanwhile, Apple is drowning in orders and battling light leaks (http://www.electronista.com/articles/11/03/22/buyers.complain.of.multiple.faulty.replacements/) in displays. If the quality cannot be improved expeditiously, would-be customers may investigate the competition. :(
Yeah, with problems like that they are destined to fail. :rolleyes:
Yeah, with problems like that they are destined to fail. :rolleyes:
Chundles
Aug 27, 11:42 PM
I don't think we're going to see Merom in the MacBook Pros tomorrow. Of course, I'm HOPEING. If they were annouced tomorrow, it would make not only my day, but my month! I've been waiting since June and was expecing it at WWDC. So I'm keeping my fingers crosses 100%. If the're annouced tomorrow, I'm going to order it withen the first 5 minuts of me finding out.
Hopefully this will be my order.
15" MacBook Pro
2.33GHz
2GB Ram
256MB VRAM
Superdrive
+BT Mighty Mouse (x2)
BT Keyboard
Some sort of bag for the MBP
D-Link USB Bluetooth drive
*Crosses fingers*
Why are you buying the DLink Bluetooth thingy?
Hopefully this will be my order.
15" MacBook Pro
2.33GHz
2GB Ram
256MB VRAM
Superdrive
+BT Mighty Mouse (x2)
BT Keyboard
Some sort of bag for the MBP
D-Link USB Bluetooth drive
*Crosses fingers*
Why are you buying the DLink Bluetooth thingy?
NoSmokingBandit
Aug 17, 09:30 PM
What you scale the difficulty up? On NFS:Shift, I started on easy A.I, quickly moved to normal, and am now doing most of my races on hard A.I. My car settings for traction and control and such is normal.
I havent played it in a while, but i recall setting traction control to standard, AI to the hardest, and everything else to the hard/realistic settings. I was racing with my DFGT wheel and it all just felt really easy. I was safely taking turns faster than i would ever attempt in GT4.
I havent played it in a while, but i recall setting traction control to standard, AI to the hardest, and everything else to the hard/realistic settings. I was racing with my DFGT wheel and it all just felt really easy. I was safely taking turns faster than i would ever attempt in GT4.
yac_moda
Jul 21, 12:39 PM
Get with the program you guys ...
... start think the way APPLE think :eek:
Apple will NOT release such a HIGH END MACchine without spotlighting a use :eek: :eek:
Such a most excellent MACchine would be released with Bluray and the computing power would be used to burn to ALL THAT SPACE in human as opposed to GEOLOGICAL time spans :eek: :eek: :eek:
... start think the way APPLE think :eek:
Apple will NOT release such a HIGH END MACchine without spotlighting a use :eek: :eek:
Such a most excellent MACchine would be released with Bluray and the computing power would be used to burn to ALL THAT SPACE in human as opposed to GEOLOGICAL time spans :eek: :eek: :eek:
kdarling
Apr 6, 02:14 PM
That's actually more than I expected.
Yep, not bad considering it's $800 without contract.
Yep, not bad considering it's $800 without contract.
DJMastaWes
Aug 26, 04:10 PM
So, if Merom is out the 28th and possiblity of Merom MBPs comeing out the 29th? or sometime BEFORE September.
LillieDesigns
Jul 27, 12:14 PM
i think it's safe to assume that Apple will be making an effort to differentiate the Macbooks and the MBP. As of right now, other than the video card, and backlit keyboard, there doesnt seem like a solid reason to fork over an extra 800-1200 bucks. i expect Apple to use the core2 for this purpose. put merom only in the mbp, and force the power-hungry users to upgrade to the pro model.
this would be smart because as of right now the mac book pro doesnt WOW me over the macbook. Do you think the "core 3" will also have the same pin structure as the 2's?
this would be smart because as of right now the mac book pro doesnt WOW me over the macbook. Do you think the "core 3" will also have the same pin structure as the 2's?
citizenzen
Apr 28, 04:05 PM
If liberals would stop 'crying wolf' ('claiming racism') at every corner, we might actually take them seriously and help out when there's actual evidence.
Likewise, if conservatives would not turn a blind-eye to obviously something that is racially motivated, we might actually take them seriously.
If there's not enough evidence that the birth certificate issue is racially motivated, then I can't imagine what it would require for something to meet standard.
Likewise, if conservatives would not turn a blind-eye to obviously something that is racially motivated, we might actually take them seriously.
If there's not enough evidence that the birth certificate issue is racially motivated, then I can't imagine what it would require for something to meet standard.
citizenzen
Apr 27, 10:08 AM
Eric Cantor criticizes Obama (http://www.mediaite.com/tv/eric-cantor-criticizes-president-obama-for-addressing-birth-certificate-controversy/) for releasing his long-form birth certificate.
Sometimes you just can't win. :rolleyes:
Sometimes you just can't win. :rolleyes:
GermanSuplex
Jun 23, 10:30 AM
I've gotten no calls at all. I called twice yestereday (with the intent of talking to two different employees).
The first one said that they expect to be able to fulfill reservations (I was told last week I was the only one who reserved at that store), the second employee only told me "I haven't heard a thing."
The first one said that they expect to be able to fulfill reservations (I was told last week I was the only one who reserved at that store), the second employee only told me "I haven't heard a thing."
princealfie
Nov 29, 11:25 AM
Here's my take.
I started a small record label with 3 signed artists. 2 have gone nowhere and probably won't. 1 has finished her debut release (look for Kyria -Whispers In The Dark on itunes!) and we are working on a follow up.
I write/perform the music and she writes lyrics and sings. We split ANY money coming in 45/45/10. 45% for her, 45% for me and 10% for the label.
We've sold a few hundred songs on itunes and have made a few hundred bucks from it.
I think that itunes is a boon for the music biz. But, now you have to have good songs and good artists to succeed. People will not buy 1 hit and 9 loads of crap anymore. Make the very best music, and people will buy it.
I don't want any tax on what might happen with something. What if the State gave you 25 speeding tickets and 40 parking tickets when you bought a new car? We all know that cars are just used for speeding and parking violations.
NOW, if Universal get's a cut from every ipod sold, we would want a cut too (not as big of a cut, but still). Not to be greedy, but to be fair to my artists.
This is why it won't work. Too many independents that would want their piece too.
Oh ya, go buy Kyria's album on itunes! (If I was a big label, I could charge her for the time I took to post that as advertising expenses... broken is the music industry!)
Does she appear on emusic?
I started a small record label with 3 signed artists. 2 have gone nowhere and probably won't. 1 has finished her debut release (look for Kyria -Whispers In The Dark on itunes!) and we are working on a follow up.
I write/perform the music and she writes lyrics and sings. We split ANY money coming in 45/45/10. 45% for her, 45% for me and 10% for the label.
We've sold a few hundred songs on itunes and have made a few hundred bucks from it.
I think that itunes is a boon for the music biz. But, now you have to have good songs and good artists to succeed. People will not buy 1 hit and 9 loads of crap anymore. Make the very best music, and people will buy it.
I don't want any tax on what might happen with something. What if the State gave you 25 speeding tickets and 40 parking tickets when you bought a new car? We all know that cars are just used for speeding and parking violations.
NOW, if Universal get's a cut from every ipod sold, we would want a cut too (not as big of a cut, but still). Not to be greedy, but to be fair to my artists.
This is why it won't work. Too many independents that would want their piece too.
Oh ya, go buy Kyria's album on itunes! (If I was a big label, I could charge her for the time I took to post that as advertising expenses... broken is the music industry!)
Does she appear on emusic?
pavetheforest
Sep 15, 09:44 PM
Dude I'm going to sell my dell.
Mattie Num Nums
Apr 6, 11:12 AM
I still don't think this means new MacBook Airs in June. Can anyone really see Apple releasing new hardware before Lion is released?
I can they have before. Drop in OS kits.
I can they have before. Drop in OS kits.
suneohair
Sep 13, 06:22 PM
if it follows typical intel transitions price point replace. So the same price as woodcrests. They might introduce faster ones though that cost more. We'll see before the end of the year.
Dual core isnt transitioning into quad core anytime soon. Quad core chips will probably be a very high end part for quite sometime.
This isnt going to be akin to the Core Duo --> Core 2 Duo changeover. Cores are increasing which means price will increase.
Dual core isnt transitioning into quad core anytime soon. Quad core chips will probably be a very high end part for quite sometime.
This isnt going to be akin to the Core Duo --> Core 2 Duo changeover. Cores are increasing which means price will increase.
Snowy_River
Jul 28, 03:26 PM
Dan=='s mockup is something that I had considered before, I remember talking about it with Yvan 256 at some point as something like "the return of the Cube." I think it's a pretty good design, the guts of the Mini are so packed as it is, an expanded case would allow for a substantial upgrade in components, including the oft clamored for dedicated GPU.
Another way Apple could do it is just to elongate the Mini's case to make it just as svelte vertically, only slightly wider. Could you take a run at that one Dan==? ;)
Okay, I did some tinkering myself, just for kicks, and here's what I came up with. I thought that we were talking about a computer that was somewhere between a Mac Mini and a Mac Pro (Power Mac), so I thought, maybe the style should be a combination of the two. Let me know what you think.
It's not a Mac Plus... It's a Mac++!
http://www.ghwphoto.com/Mac++1.PNGhttp://www.ghwphoto.com/Mac++2.PNG
Another way Apple could do it is just to elongate the Mini's case to make it just as svelte vertically, only slightly wider. Could you take a run at that one Dan==? ;)
Okay, I did some tinkering myself, just for kicks, and here's what I came up with. I thought that we were talking about a computer that was somewhere between a Mac Mini and a Mac Pro (Power Mac), so I thought, maybe the style should be a combination of the two. Let me know what you think.
It's not a Mac Plus... It's a Mac++!
http://www.ghwphoto.com/Mac++1.PNGhttp://www.ghwphoto.com/Mac++2.PNG
obeygiant
Apr 27, 09:18 AM
His middle name is Hussein?!!?!? OMG!
He could have released this years ago.
He could have released this years ago.
McGarvels
Nov 28, 06:46 PM
I can't wait until Steve laughs in their faces. Who the hell do these guys think they are?
