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Kanye West caught using Pirate Bay to download music software

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Re: Kanye West caught using Pirate Bay to download music software

#141

Hey Kenji, just FYI, I find something a little off-putting in using "midget porn" as the example of something worse. Maybe I've become overly sensitive to possibly hurtful language in this era of codes of conduct, microaggressions, trigger words, etc. But I think it's marginalizing to use the sexuality of a segment of people (consenting adults, let's assume) as something shameful. I've also read that midget is consid…

We detached this subthread from https://news.ycombinator.com/item?id=11209917 and marked it off-topic.

Re: Kanye West caught using Pirate Bay to download music software

#143
post #141

Hey Kenji, just FYI, I find something a little off-putting in using "midget porn" as the example of something worse. Maybe I've become overly sensitive to possibly hurtful language in this era of codes of conduct, microaggressions, trigger words, etc. But I think it's marginalizing to use the sexuality of a segment of people (consenting adults, let's assume) as something shameful. I've also read that midget is consid…

We detached this subthread from https://news.ycombinator.com/item?id=11209917 and marked it off-topic.

[deleted]

Re: Kanye West caught using Pirate Bay to download music software

#144

Earlier quoted context omitted.

Color it by any technicality you want, but it is taking something from somebody and in common vernacular, that is theft.

So, if the "victim" here has a swell in popularity due to Kanye's high profile, and gains a TON of new customers and interest, he better pay royalties or license to Kanye for attracting that kind of attention. Otherwise he's "taking something" in exchange for nothing, which, in common vernacular, is called theft.

"Otherwise he's "taking something" in exchange for nothing, which, in common vernacular, is called theft."

So every time I download Linux, I am stealing?

Re: Kanye West caught using Pirate Bay to download music software

#145

I understand that what Kanye did was as wrong as any other pirating. However, as a result of that screenshot that software got a free endorsement from Kanye West. I imagine that guy is going to wake up surprised this morning when he looks at total sales from last night.

"that guy" deadmaus?

Re: Kanye West caught using Pirate Bay to download music software

#146

Earlier quoted context omitted.

That's got nothing to do with trademark one way or the other. The question is whether you can maintain a proprietary interest in something created with tools appropriated form others.

I'm going to go out on a limb here and suggest that the answer is "of course you can".

[deleted]

Re: Kanye West caught using Pirate Bay to download music software

#147
First: While I'm definitely not a Kanye fan, I think it's appropriate to withhold judgment on these allegations until more facts are available.

Second: Unauthorized use of a copyrighted tool (e.g., music-editing software) to create a copyrighted work of authorship --- a song and a sound recording of the song, let's say --- normally wouldn't result in loss of the copyright in either the song or the sound recording.

(This is a different situation than creating a derivative work without authorization.)

But such unauthorized use of the music-editing software could result in the author of the song and sound recording having to pay the owner of the copyright in the music-editing software for the former's "indirect profits" arising from the infringement. That can be a remedy with real teeth.

The case I usually teach to illustrate this point is Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc. [0], 886 F.2d 1545 (9th Cir. 1989) (Frank Music II). In that case:

+ The MGM Grand Hotel had a floor show called Hallelujah Hollywood!, which included 'tributes' to various MGM movies. The floor show incorporated significant portions of the Broadway musical Kismet, which years earlier had been made into an MGM movie.

+ The court found that MGM's use of the Kismet material in its floor show went beyond its 'movie rights' license and therefore infringed the copyright in the underlying Broadway musical.

+ As a result, MGM had to pay not just a portion of profits from the Hallelujah Hollywood! floor show itself (such as profits from sales of tickets to the show), but also 2% of the profits from the MGM Grand's overall hotel operations — including 2% of the casino profits — which, the court found, were indirectly attributable to the promotional value of the floor show. [1]

It didn't help MGM's case that its annual report had boasted about how great the floor show was as a draw for the casino, thus helping the copyright owner prove up its case for indirect profits.

[0] https://scholar.google.com/scholar_case?case=169034711262654...

[1] The above description is copied essentially verbatim from my piece, http://www.oncontracts.com/a-better-way-to-handle-a-breach-o...

Re: Kanye West caught using Pirate Bay to download music software

#148

Earlier quoted context omitted.

That's got nothing to do with trademark one way or the other. The question is whether you can maintain a proprietary interest in something created with tools appropriated form others.

I'm going to go out on a limb here and suggest that the answer is "of course you can".

[Moved my comment to the top level -- https://news.ycombinator.com/item?id=11212642 ]

Re: Kanye West caught using Pirate Bay to download music software

#149
post #138

Earlier quoted context omitted.

Cool. You're entitled to your opinions. There's no need to hide behind a temp account. We can have differing opinions and still be civil. I'm not offended on others' behalf. I'm not a social justice warrior. I'm not demonizing anyone. I just wanted OP to know that the term "midget" is viewed as a derogatory slur by people in that community. I probably wouldn't have brought it up, but it was used in a context that I f…

You can ignore and flag the obvious trolls.

Trolling is one label to those who disagree with you.

Re: Kanye West caught using Pirate Bay to download music software

#150

Hate to hijack what I am sure is a mind expanding discussion on software distribution, the law of karma, and modern celebrity. But I am curious about something and was hoping to get an opinion from some of the music production experts on here. Of which there appear to be legion. Which is awesome :) How difficult is it to duplicate Serum-esque wavetable generation using ChucK or CSound? It seems in my uninformed opini…

I'm not sure, but it would be fun to try!

Find me on github, and maybe we can start something.

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