sold as a novelty only ([info]j03) wrote,
@ 2004-12-07 19:25:00
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apple blowz.
Negativland vs. U2 iPod shutdown.. :(

http://fhwang.net/blog/45.html

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[info]rhodamine
2004-12-08 02:09 am UTC (link)
so?

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apple fuckheads
[info]j03
2004-12-08 02:25 am UTC (link)

What do you mean, so? Those facists at Apple didn't like that someone was mocking their precious U2 so they shut down the auction. What exactly was wrong with selling an iPOD? He loaded some extra songs on it (he's selling it along with the CDs). He modified the packaging? When did it become illegal to modify the box of the item you're selling? If I sell my iPod on ebay and write "apple sucks" on the box with a sharpie are they gonna come after me too? fuckheadz

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Re: apple fuckheads
[info]rhodamine
2004-12-08 02:46 am UTC (link)
re-selling mp3s is against the tos i believe...

but yeah, i know what youre saying, i guess.

just remember that apple is a corporation just like all the others. you seem surprised that they react like this.

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Re: apple fuckheads
[info]j03
2004-12-08 03:15 am UTC (link)

not suprised, irritated by the constant idiocy.

TOS my stinking asshole. I don't understand how re-selling music you legally purchased can be illegal based on the media it is delivered on. If I buy a CD from the store I can re-sell it. If I buy an mp3 player loaded with some mp3s I can't re-sell it with the mp3s? Because of a ClickWrap Licence?

Way to encourage people to buy music, music industry! Idiots!

(Reply to this) (Parent)(Thread)
Re: apple fuckheads
[info]rhodamine
2004-12-08 03:33 am UTC (link)
i agree, but thats the way it is, ubnfortunately.

and apple is not the worst in this industry.

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Re: apple fuckheads
[info]j03
2004-12-08 01:55 pm UTC (link)

http://www.wired.com/news/digiwood/0,1412,65959,00.html?tw=rss.TOP

Apparently I'm not the only one scratching his head about what laws may have been broken.

(Reply to this) (Parent)(Thread)
Re: apple fuckheads
[info]rhodamine
2004-12-08 02:35 pm UTC (link)
hey i agree with you that this is dumb, whats happened; and i couldnt agree more. but at the same time, i think its funny that everyone is acting so surprised about it, as youre almost asking for such a reaction when you list an ipod containing negativland (of all bands, hah) tunes on ebay, you know? i mean, for real. the u2 ipod featuring a song in which negativland pirates u2 samples. mmmyeah. i know there is issue with the box mod and shit (and the unauthorized nature, which ebay is vague about in their tos anyway) but id hope the issue was the music, which is, by the letter of the law, not legal. you could make an argument that ebay is covering their ass.

in regards to the mp3s/tos, ludicrous as it sounds, a law is a law. its one thing to download music on the sly or sample/rip people off... its another thing to sell such on ebay, when it flys in the face of their tos (hey, this is coming from a guy who is perm banned from ebay for repeated tos violations, heh!)... but its another thing entirely to get pissed off when the enivitable happens.

hey, all due respect, but ebay isnt gonna start allowing the selling of pirated music anytime soon, so get used to it. thats why we have file-sharing ;)

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Re: apple fuckheads
[info]j03
2004-12-08 03:04 pm UTC (link)

as youre almost asking for such a reaction

Yes. That was the point, to draw public attention to current copyright law issues.

the u2 ipod featuring a song in which negativland pirates u2 samples.

That song is illegal to sell in the US and was not included in the auction.

i know there is an issue with the box mod

What issue would that be? The auction described it as not being authorized by Apple so that people would not confuse it with being an authorized Apple product.

ebay is covering their ass.

The auction was taken down at the request of Apple, not Ebay. This had nothing to do with Ebay's TOS. Apple said the auction was infringing on their copyright.

its one thing to download music on the sly or sample/rip people off... its another thing to sell such on ebay,

He was selling legally purchased music CDs and an Apple iPod loaded with the music it arrived from Apple with and the music on the CDs that are included in the package. He wasn't re-selling anything he didn't purchace legally himself.

but ebay isnt gonna start allowing the selling of pirated music anytime soon, so get used to it

He wasn't selling anything he didn't purchace legally. There was no pirated music or anything illegal offered in the auction.

In the Wired News article, one copyright lawyer says the only thing he could think of was that maybe Negativland could complain about the illegal use of their image on the packaging.

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Re: apple fuckheads
[info]rhodamine
2004-12-08 03:55 pm UTC (link)
There was no pirated music or anything illegal offered in the auction.

you mean there are negativland songs that are 100% legal? wow, thats news to me ;)

oh well, i suck, am wrong, etc. you win!

(Reply to this) (Parent)(Thread)
Re: apple fuckheads
[info]j03
2004-12-08 04:59 pm UTC (link)
you mean there are negativland songs that are 100% legal? wow, thats news to me

Yes, it's called "fair use."

Negativland's fight with U2/Island was eventually settled. The only reason that one Negativland track is still illegal today is because of the Kasey Kasem samples. Kasey Kasem will never allow those songs to be released because they make him look like an asshole.

100% of the Negativland CDs and songs being offered in the auction were legal.

oh well, i suck, am wrong, etc. you win!

I am simply trying to clarify my point through discussion of the specifics.

There are currently 20 other U2 iPods on sale on Ebay. There are 22 Negativiland CDs for sale on Ebay. Put them both in the same auction and you get shutdown?

It's a freedom of speech issue. They shutdown this auction because it makes them look bad. They're abusing IP laws to shutdown opposition.

That's what I'm mad about. I'm explaining myself because you seemed to misunderstand where I'm coming from.

Are ya pickin' up what I'm layin' down?

(Reply to this) (Parent)(Thread)
Re: apple fuckheads
[info]rhodamine
2004-12-08 05:08 pm UTC (link)
im not misunderstanding you, i get it and i agree. ive been saying that the whole time.

but dont you think there are better venues for staging a "freedom of speech" issue than a private, commercial website that- whether we like it or not- ultimately has the right to activate or remove whatever they like, according to their own terms?

its the same as someone on lj complaining that another user deactivated their comments on that person's journal. cept it involves entities that everyone loves to hate, from apple to ebay to copyrights.

so do sellers have ultimate rights to sell anything on ebay? do we take away ebays rights to remove shit form their own website? its all just a big clusterfuck that ultimately is just alot of "im pissed off at the man!" rhetoric being spouted at the concerned parties, accomplishing little more than forcing ebay to rewrite its tos and getting a bunch of geeks and uberactivists feathers all ruffled.

personally, id prefer to spend my time fighting the larger battle as far as my love for free-speech goes... there are far too many repressive political entities- both here and abroad- that need to be toppled before we freak out about ebay pullinga fucking ipod auction, you know?

and on that note, i have alot of work to do, so ill probably have to peace-out of this thread ;)

(Reply to this) (Parent)

[info]girlvixxxen
2004-12-08 06:07 am UTC (link)
Can't say that I'm shocked.

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[info]nf
2004-12-08 10:07 am UTC (link)
it'll be really funny when IBM buys them and runs them into the ground.

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[info]girlvixxxen
2004-12-08 04:12 pm UTC (link)
Funny "sad" or funny "haha"?

IBM whored (I mean SOLD) themselves off right after Briefcase bought his laptop. Coincidence? I think not...

(Reply to this) (Parent)

[info]havenleah
2004-12-08 04:20 pm UTC (link)
Yet another reason to loathe U2.

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[info]j03
2004-12-08 05:08 pm UTC (link)

heh.

(Reply to this) (Parent)

[info]darcnessity
2004-12-08 09:34 pm UTC (link)
have you seen sonic outlaws?

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[info]j03
2004-12-09 03:16 pm UTC (link)

no. is it good?

(Reply to this) (Parent)

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