I don't think ARR can be approached regarding this matter, that would be
very irresponsible of us.  Gops/Vijay will be  in the same boat as us in
this matter... confused.  We really need some expert assistance here.

Regarding the disclaimer... I had started posting the disclaimer for
only one reason:
1. Primarily to cover my own behind
And that was when I was actually sharing full BGMs, I have stopped doing
so for a while now.

When I buy a DVD or a CD, I'm paying for it, I have the right to watch
it or listen to it where-ever I like, when ever I like as long as I'm
not violating any copyright laws.  I'm not an expert on copyright
laws... but I have studied business law to a certain extent.
Copyright/patent laws are there to protect the intellectual/artistic
property of the right holder.  It actually is all about money, and if
not money then some other kind of compensation.  These laws are there to
make sure that "someone" other than the "rightholder" is not taking
advantage or benefiting in anyway from the property of the rightholder
whithout the rightholder's consent or permission.  Backup of something
you have purchases is allowed.

BGMs are nothing but backups of music in the DVD.  As long as I own the
DVD, I can create backups of it.  As long as I'm not making any money
from the backups or broadcasting it in anyway or claiming it as my
"creation", I'm not violating any rules.

Let me try to explain my disclaimer here:
By clicking on the following link you are certifying that you
currently own the original copy of <xyz>. The content provided to you
for downloading is
strictly for backup purposes. I, Kaissiom, certify that I own the
original content and make duplicates for backup purposes only. By
downloading the content, you certify that you currently own the
original content and want to protect it from possible damage.
-Here I'm requiring the downloader to certify that he/she owns the
original DVD/CD.  If you own it and I own it, then there's no problem in
us sharing a backup.

This is a free service, I'm not selling you music or distributing music,
I'm
only providing backups of the music you already own.
-Here I'm explicitly indicating that nobody is benefiting from this
exhange or in other words... it's not causing any "loss" to the
rightholder.

  I, Kaissiom, will not be held accountable for the downloader's use of
my backups.
-Here I'm explicitly indicating that I'm responsible for my actions, but
what the downloader does with it after he/she downloads it is not my
responsibility.  They are liable for their actions... legal or illegal.

  If you sell, trade, or forfeit your ownership of your original
software, you
agree to destroy the CDR or any digital backups of that title.
-If you sell or trade or forfeit your ownership of original work, you
automatically lose ownership of your backups... that is what these lines
are explaining.

You take full responsibility for your own actions when using these
back-ups and release Kaissiom from all liabilities, which may arise -
expressed, written, or implied.
-Here I'm releasing myself of any liability and again enforcing the
burdern of responsibilty with the downloader after he/she downloads.

By downloading the content, you are
complying with these regulations.
-Basically... If you do not like my conditions above... DO NOT download.

This allows me (Kaissiom) to
duplicate, and you (a consumer) to receive the right to use my
backups. All trademarks and copyrights are owned by the respective
third parties."
-Again... I can only share these items with you as backups given we both
own the originals, we won't profit from it and or broadcast it, you will
destroy the backups if you lose ownership of the orignal, you are
responsible for what you do with it after you download it, and last but
not the least, I'm not claiming these to be my creations... all rights
are owned by the respective third parties.

Therefore, once someone downloads it, they can not further share it with
someone or host it somewhere or do anything illegal with it.  But if
they do, they are responsible for all their actions and the consequences
thereof.

I don't know... I hope we all find some solution to this dilemma.

One thing is for certain... We CAN NOT share full length vocals
extracted from the DVDs - They are commercially avaialbe in form of
audio CD... as opposed to BGMs which are not commercially available.

Sigh!
Wasim

--- In [email protected], "Bharath Venkatesan"
<[EMAIL PROTECTED]> wrote:
>
> >> By his contracts with the producers and music/ video rights holder
> >> companies, ARR is BOUND not to allow it, not to let it be allowed,
not
> >> to say a word that might encourage sharing of bgm.
>
> That exactly is my understanding too. I once mentioned to somebody
that I am
> hosting a folder with all ripped background scores and I was cautioned
that
> it might tread into troublesome waters.
>
> As fate would have it, my web server went down soon after and I
haven't
> uploaded any files back since then.
>
> --
> :: Bharath
> http://singingphotons.net
>
>
>
> On Thu, Oct 30, 2008 at 10:32 AM, V S Rawat [EMAIL PROTECTED] wrote:
>
> > On 10/30/2008 9:56 PM India Time, _Nagaraj_ wrote:
> >
> > > Hi all,
> > >
> > > I am also torn between the two. Also on BGM extraction can
Gopal/Vijay
> > > check with ARR on what he feels about sharing BGMs on the net by
fans.
> > > I guess we should respect Boss's sentiments. After all, he has
done
> > > so much ..i mean so much for us.
> >
> > By his contracts with the producers and music/ video rights holder
> > companies, ARR is BOUND not to allow it, not to let it be allowed,
not
> > to say a word that might encourage sharing of bgm.
> >
> > So, if you ask him, you know the answer.
> >
> > The way out: don't ask him. :-) :0) he he he.
> >
> > > We can do this small sacrifice for a
> > > right cause by avoiding sharing BGMs if boss feels bad.
> >
> > There is no right or wrong cause in it. If music/ video company has
not
> > released the bgms commercially, nobody is loosing anything by
sharing
> > bgms. Companies keep thousands of rules or restrictions for all
> > eventualities. Don't respect all those restrictions or you wouldn't
be
> > able to take a breath.
> >
> > > I am sure all
> > > the fans out here will respect Boss's feelings. I request
Gopal/Vijay
> > > to check with boss on what he thinks on this.
> > >
> > > Regards,
> > > S.V.Nagaraj
> >
> > --
> > Rawat
> >
> > ------------------------------------
> >
> > Are you searching for a reason, to be kind?
> > <b>
> > Explore, Experience, Enjoy A.R.Rahman - The Man, The Music, The
Magic.
> > Only at arrahmanfans.com - The definitive A.R.Rahman e-community.
> >
> > Homepage: http://www.arrahmanfans.com
> > Admin: [EMAIL PROTECTED]
> > To Subscribe: [EMAIL PROTECTED]
> > To Unsubscribe: [EMAIL PROTECTED] Groups
> > Links
> >
> >
> >
> >
>

Reply via email to