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	<title>Comments for William Frantz</title>
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	<link>http://williamfrantz.com</link>
	<description>Stuff you can't live without</description>
	<pubDate>Mon, 06 Oct 2008 13:01:07 +0000</pubDate>
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		<title>Comment on You Can&#8217;t Resell That CD by wfrantz</title>
		<link>http://williamfrantz.com/wp/99#comment-23073</link>
		<dc:creator>wfrantz</dc:creator>
		<pubDate>Fri, 23 May 2008 19:25:33 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/99#comment-23073</guid>
		<description>&lt;p&gt;The jury in Jammie Thomas' case was told that merely making a copyrighted song available in a shared folder amounts to infringement.
Now judge Michael Davis may grant a new trial because on further consideration, those instructions maybe wrong.&lt;/p&gt;

&lt;p&gt;http://news.cnet.com/8301-13578_3-9945643-38.html&lt;/p&gt;
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		<content:encoded><![CDATA[<p>The jury in Jammie Thomas&#8217; case was told that merely making a copyrighted song available in a shared folder amounts to infringement.
Now judge Michael Davis may grant a new trial because on further consideration, those instructions maybe wrong.</p>

<p><a href="http://news.cnet.com/8301-13578_3-9945643-38.html" rel="nofollow">http://news.cnet.com/8301-13578_3-9945643-38.html</a></p>]]></content:encoded>
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		<title>Comment on You Can&#8217;t Resell That CD by wfrantz</title>
		<link>http://williamfrantz.com/wp/99#comment-23072</link>
		<dc:creator>wfrantz</dc:creator>
		<pubDate>Fri, 23 May 2008 18:30:37 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/99#comment-23072</guid>
		<description>&lt;p&gt;A little more research reveals why my analysis of 17 USC 106 is off.  It appears that in a later section, 17 USC 109, the law re-establishes the right to resell or trash copyrighted works.  The law basically says, "you can't do X" then later says "you can do X".  I guess this is why I shouldn't be an armchair lawyer.  The law just doesn't make sense.&lt;/p&gt;

&lt;p&gt;Why can't Jammie Thomas in Minnesota cite 17 USC 109 and claim the right to redistribute the copy that she got from somebody else?  Then the RIAA would have to prove that Jammie gave away more copies than she received.&lt;/p&gt;

&lt;p&gt;In other words, as a P2P user, I can claim every copy of every work that I download was a legal transfer of ownership from the previous owner to me.  I can't help it if the previous owner (illegally) kept a copy for themself when then sent it to me.  Furthermore, if somebody takes the file from me, I will delete my copy so as to comply with 17 USC 109.  Of course I might go fetch another copy of the same work from somebody else, but I'm free to do that.  Now the RIAA has to track every transfer in/out of my computer and show that I have sent out more copies than I have the legal right to "resell".&lt;/p&gt;

&lt;p&gt;It seems that, as long as the total copies in circulation do not exceed the total copies published, then there is no distribution infringement.  Furthermore, even if you can prove circulation exceeds publication, you can't really identify who is making the extra copies vs. who is abiding to 17 USC 109.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>A little more research reveals why my analysis of 17 USC 106 is off.  It appears that in a later section, 17 USC 109, the law re-establishes the right to resell or trash copyrighted works.  The law basically says, &#8220;you can&#8217;t do X&#8221; then later says &#8220;you can do X&#8221;.  I guess this is why I shouldn&#8217;t be an armchair lawyer.  The law just doesn&#8217;t make sense.</p>

<p>Why can&#8217;t Jammie Thomas in Minnesota cite 17 USC 109 and claim the right to redistribute the copy that she got from somebody else?  Then the RIAA would have to prove that Jammie gave away more copies than she received.</p>

<p>In other words, as a P2P user, I can claim every copy of every work that I download was a legal transfer of ownership from the previous owner to me.  I can&#8217;t help it if the previous owner (illegally) kept a copy for themself when then sent it to me.  Furthermore, if somebody takes the file from me, I will delete my copy so as to comply with 17 USC 109.  Of course I might go fetch another copy of the same work from somebody else, but I&#8217;m free to do that.  Now the RIAA has to track every transfer in/out of my computer and show that I have sent out more copies than I have the legal right to &#8220;resell&#8221;.</p>

<p>It seems that, as long as the total copies in circulation do not exceed the total copies published, then there is no distribution infringement.  Furthermore, even if you can prove circulation exceeds publication, you can&#8217;t really identify who is making the extra copies vs. who is abiding to 17 USC 109.</p>]]></content:encoded>
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		<title>Comment on You Can&#8217;t Resell That CD by wfrantz</title>
		<link>http://williamfrantz.com/wp/99#comment-23068</link>
		<dc:creator>wfrantz</dc:creator>
		<pubDate>Fri, 23 May 2008 18:00:04 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/99#comment-23068</guid>
		<description>&lt;p&gt;Another Judge says that the First Sale Doctrine trumps DMCA.  I wonder if this also means that First Sale Doctrine trumps 17 U.S.C. 106(3).&lt;/p&gt;

&lt;p&gt;http://arstechnica.com/news.ars/post/20080523-court-smacks-autodesk-affirms-right-to-sell-used-software.html&lt;/p&gt;

&lt;p&gt;Autodesk tried to argue that eBay merchant, Timothy Vernor violated the terms of the End User License Agreement by reselling copies of AutoCAD.  The Judge ruled against Autodesk.  I don't know why Autodesk did not try to cite 17 U.S.C. 106(3) and claim Tim was violating their exclusive rights to distribute or transfer ownership.&lt;/p&gt;

&lt;p&gt;More on First Sale Doctrine:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&#38;vol=210&#38;invol=339&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Another Judge says that the First Sale Doctrine trumps DMCA.  I wonder if this also means that First Sale Doctrine trumps 17 U.S.C. 106(3).</p>

<p><a href="http://arstechnica.com/news.ars/post/20080523-court-smacks-autodesk-affirms-right-to-sell-used-software.html" rel="nofollow">http://arstechnica.com/news.ars/post/20080523-court-smacks-autodesk-affirms-right-to-sell-used-software.html</a></p>

<p>Autodesk tried to argue that eBay merchant, Timothy Vernor violated the terms of the End User License Agreement by reselling copies of AutoCAD.  The Judge ruled against Autodesk.  I don&#8217;t know why Autodesk did not try to cite 17 U.S.C. 106(3) and claim Tim was violating their exclusive rights to distribute or transfer ownership.</p>

<p>More on First Sale Doctrine:
<a href="http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&amp;vol=210&amp;invol=339" rel="nofollow">http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&amp;vol=210&amp;invol=339</a></p>]]></content:encoded>
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		<title>Comment on You Can&#8217;t Resell That CD by wfrantz</title>
		<link>http://williamfrantz.com/wp/99#comment-22276</link>
		<dc:creator>wfrantz</dc:creator>
		<pubDate>Wed, 30 Apr 2008 22:46:33 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/99#comment-22276</guid>
		<description>&lt;p&gt;Another Judge Says Music Sharing Doesn't Necessarily Equal Infringement
http://blog.wired.com/music/2008/04/judge-says-musi.html&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Another Judge Says Music Sharing Doesn&#8217;t Necessarily Equal Infringement
<a href="http://blog.wired.com/music/2008/04/judge-says-musi.html" rel="nofollow">http://blog.wired.com/music/2008/04/judge-says-musi.html</a></p>]]></content:encoded>
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		<title>Comment on William Frantz Elementary School Address by Natalie Thompson</title>
		<link>http://williamfrantz.com/wp/108#comment-17019</link>
		<dc:creator>Natalie Thompson</dc:creator>
		<pubDate>Sun, 27 Jan 2008 01:32:02 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/108#comment-17019</guid>
		<description>&lt;p&gt;Please send me more information.  This above link is really interesting because I am doing a History Fair project on Conflict and Compromise  as it relates to Ruby Bridges and desegregation of schools.An other articles about this school is helpful.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Please send me more information.  This above link is really interesting because I am doing a History Fair project on Conflict and Compromise  as it relates to Ruby Bridges and desegregation of schools.An other articles about this school is helpful.</p>]]></content:encoded>
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		<title>Comment on DV to MPEG4 by santiago</title>
		<link>http://williamfrantz.com/wp/97#comment-16970</link>
		<dc:creator>santiago</dc:creator>
		<pubDate>Thu, 24 Jan 2008 10:14:50 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/97#comment-16970</guid>
		<description>&lt;p&gt;Would you tell us which command lien tools you found to convert AVCHD files on Mac OS X??? &lt;/p&gt;

&lt;p&gt;I'll be interested on that.... many thanks&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Would you tell us which command lien tools you found to convert AVCHD files on Mac OS X??? </p>

<p>I&#8217;ll be interested on that&#8230;. many thanks</p>]]></content:encoded>
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		<title>Comment on DV to MPEG4 by wfrantz</title>
		<link>http://williamfrantz.com/wp/97#comment-16487</link>
		<dc:creator>wfrantz</dc:creator>
		<pubDate>Fri, 14 Dec 2007 02:10:09 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/97#comment-16487</guid>
		<description>&lt;p&gt;No, they aren't the same.&lt;/p&gt;

&lt;p&gt;MPEG4 is a big standard that includes (among other things) lots of video compression algorithms.  One of those is H.264 which is found in MPEG4 Part 10.&lt;/p&gt;

&lt;p&gt;AVCHD is a standard file format that includes video compressed using the H.264 algorithm.&lt;/p&gt;

&lt;p&gt;So there is some overlap.  The MPEG4 standard says nothing about the AVCHD file format but it does define the AVCHD video compression algorithm.&lt;/p&gt;

&lt;p&gt;Many companies advertise 'MPEG4 playback' but that actually has very vague meaning.  What they probably mean is that the device can play DivX files or MP4 files.  It's unlikely to include AVCHD.  However, most (all?) Blu-Ray DVD players can play AVCHD files.  You'll probably want a Blu-Ray player or you'll have to convert your AVCHD files into some other format.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>No, they aren&#8217;t the same.</p>

<p>MPEG4 is a big standard that includes (among other things) lots of video compression algorithms.  One of those is H.264 which is found in MPEG4 Part 10.</p>

<p>AVCHD is a standard file format that includes video compressed using the H.264 algorithm.</p>

<p>So there is some overlap.  The MPEG4 standard says nothing about the AVCHD file format but it does define the AVCHD video compression algorithm.</p>

<p>Many companies advertise &#8216;MPEG4 playback&#8217; but that actually has very vague meaning.  What they probably mean is that the device can play DivX files or MP4 files.  It&#8217;s unlikely to include AVCHD.  However, most (all?) Blu-Ray DVD players can play AVCHD files.  You&#8217;ll probably want a Blu-Ray player or you&#8217;ll have to convert your AVCHD files into some other format.</p>]]></content:encoded>
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		<title>Comment on DV to MPEG4 by Kelvin Tam</title>
		<link>http://williamfrantz.com/wp/97#comment-16485</link>
		<dc:creator>Kelvin Tam</dc:creator>
		<pubDate>Thu, 13 Dec 2007 23:22:30 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/97#comment-16485</guid>
		<description>&lt;p&gt;Is AVCHD the same as MPEG4?  &lt;/p&gt;

&lt;p&gt;I am planning to get a AVCHD camcorder.  I plan to archive my home videos to a portable drive and use a Digital Media Player which connects to the portable drive and stream the video to an HDTV.  Most of the consumer units that I found do play WMV, MPEG2 and MPEG4 but not AVCHD. I am trying to avoid having to converting from AVCHD to WMV or AVI.  &lt;/p&gt;

&lt;p&gt;Is AVCHD the same as MPEG4 or is AVI the same as MPEG2 or MPEG4?&lt;/p&gt;

&lt;p&gt;Thank you.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Is AVCHD the same as MPEG4?  </p>

<p>I am planning to get a AVCHD camcorder.  I plan to archive my home videos to a portable drive and use a Digital Media Player which connects to the portable drive and stream the video to an HDTV.  Most of the consumer units that I found do play WMV, MPEG2 and MPEG4 but not AVCHD. I am trying to avoid having to converting from AVCHD to WMV or AVI.  </p>

<p>Is AVCHD the same as MPEG4 or is AVI the same as MPEG2 or MPEG4?</p>

<p>Thank you.</p>]]></content:encoded>
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		<title>Comment on You Can&#8217;t Resell That CD by wfrantz</title>
		<link>http://williamfrantz.com/wp/99#comment-15406</link>
		<dc:creator>wfrantz</dc:creator>
		<pubDate>Tue, 16 Oct 2007 02:18:16 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/99#comment-15406</guid>
		<description>&lt;p&gt;The defense is asking the judge to overrule the award.
http://www.wired.com/politics/law/news/2007/10/copyright&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>The defense is asking the judge to overrule the award.
<a href="http://www.wired.com/politics/law/news/2007/10/copyright" rel="nofollow">http://www.wired.com/politics/law/news/2007/10/copyright</a></p>]]></content:encoded>
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		<title>Comment on Steve Jobs Inadvertantly Kills iTunes by wfrantz</title>
		<link>http://williamfrantz.com/wp/87#comment-14317</link>
		<dc:creator>wfrantz</dc:creator>
		<pubDate>Fri, 17 Aug 2007 17:24:37 +0000</pubDate>
		<guid isPermaLink="false">http://williamfrantz.com/wp/87#comment-14317</guid>
		<description>&lt;p&gt;No matter how great the user experience is on iTunes, if the labels stopped the flow of content, the users would choose something else.  In 1999 Napster was an awful user experience, but people went to it in droves.&lt;/p&gt;

&lt;p&gt;Nothing is stopping the labels from providing their own great user experience that integrates well with iTunes (the application, not the store).  For example, say I'm Mega Pop Records.  You create a Mega Pop account and give me $0.99 for a song.  I give you a custom, Mega Pop RSS feed of your purchases.  You add that feed to iTunes and presto, all your Mega Pop purchases land on your iPod.  Purchase a new song, sync your 'Pod and magically the new songs appear.  The iTunes RSS reader does all the heavy lifting.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>No matter how great the user experience is on iTunes, if the labels stopped the flow of content, the users would choose something else.  In 1999 Napster was an awful user experience, but people went to it in droves.</p>

<p>Nothing is stopping the labels from providing their own great user experience that integrates well with iTunes (the application, not the store).  For example, say I&#8217;m Mega Pop Records.  You create a Mega Pop account and give me $0.99 for a song.  I give you a custom, Mega Pop RSS feed of your purchases.  You add that feed to iTunes and presto, all your Mega Pop purchases land on your iPod.  Purchase a new song, sync your &#8216;Pod and magically the new songs appear.  The iTunes RSS reader does all the heavy lifting.</p>]]></content:encoded>
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