Just out of curiosity, what if someone put up an auction for a USED CD-R on eBay, and the description just happens to state that all of C-NOTE and Xpectation were burned on the item? I mean, you know, maybe someone needs a used CD-R for whatever reason, who are we to judge the needs of the consumer?

Anxiety said:

Actually, that's a good argument. If I wanted to sell old albums, I could sell them on ebay with no problem. That's a really good argument.

PeePee9 sanctimoniously said: "Xpectation" has not been released on CD. The link u posted is 2 a low-quality, unofficial, illegal bootleg. Do not buy it.

Any member found selling NPGMC content outside the club will have their membership immediately revoked and their in4mation 4warded 2 attorneys.

Then why don't you guys get off yer damn lazy holy roller asses and make it available for your supporters? And if that bootleg is low quality, it's only because it's direct from the source...the downloads that your pathetic excuse for an online music club provide have been DISGUSTING quality for years, goomba. Not that we've really had to worry about that for the last year or so. Yawn.

Oh, and legal threats with kindergarten purplebonics is pretty ridiculous. You short, short man.

theblueangel said:

so, it looks as if the auction for xpectation was stomped on by the powers that be, hehehe. strangely, though, this person's other auction is still up. i wonder what constitutes illegal selling and legal selling. i mean, if this person is selling a copy of a cd AND a copy of a video tape, wouldn't they both be illegal? i don't get it.

SassyBritches said:

I don't think you want to go really deep with the legalities of this issue, but the selling of a copy you legally purchased of a published work is your "first-sale right" as a consumer. What's legally wrong is selling a copy of the copy you legally purchased. Generally you may make copies legally, but for your personal non-commercial use only. Selling and distributing a personal use copy isn't personal non-commercial use anymore.

The selling of a CD-R of Xpectation already constitutes copyright infringement because the CD-R is a copy of the legally purchased and downloaded file (copy). That is an unfair result, because it takes away your first-sale right. If the NPGMC would have send out Xpectation on CD (as they were supposed to, but neglected to) the buyer could have perfectly legally sold that CD on Ebay. Since they didn't it's hard to legally sell your purchased copy of Xpectation, because it would have to be the downloaded computerfile.

On top of that the NPGMC members agreement clearly states that you may only use their "CONtent" for non-commercial personal purposes. Selling of NPGMC CONtent on Ebay can already be prohibited because of this (unilateral) clause in the members agreement.

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[This message was edited Sun Jan 18 12:48:06 PST 2004 by Abrazo]

SassyBritches said:

I don't think you want to go really deep with the legalities of this issue, but the selling of a copy you legally purchased of a published work is your "first-sale right" as a consumer. What's legally wrong is selling a copy of the copy you legally purchased. Generally you may make copies legally, but for your personal non-commercial use only. Selling and distributing a personal use copy isn't personal non-commercial use anymore.

The selling of a CD-R of Xpectation already constitutes copyright infringement because the CD-R is a copy of the legally purchased and downloaded file (copy). That is an unfair result, because it takes away your first-sale right. If the NPGMC would have send out Xpectation on CD (as they were supposed to, but neglected to) the buyer could have perfectly legally sold that CD on Ebay. Since they didn't it's hard to legally sell your purchased copy of Xpectation, because it would have to be the downloaded computerfile.

On top of that the NPGMC members agreement clearly states that you may only use their "CONtent" for non-commercial personal purposes. Selling of NPGMC CONtent on Ebay can already be prohibited because of this (unilateral) clause in the members agreement.

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[This message was edited Sun Jan 18 12:48:06 PST 2004 by Abrazo]

thanks for the info but what about the video?

SassyBritches said:

Give me some facts. Is it a copy of a legally purchased copy or is the purchased copy itself?

Abrazo said:

the video was merely a videotape if recorded videos (from mtv or vh1 or whatever). it was a home collection.

SassyBritches said:

So the videotape that is being sold is a home recording from TV, making it a copy for personal non commercial use. It is legally not permitted to sell such a copy without the consent of the copyright owner.