Grant-- re: tapetrade "loophole"

[Grant Burgess <grantburgess@xxxxxxxxxxxx>]

While that loophole has never been tested in court. The idea is very similar
to a record store owner who sells blank tapes in the store. Since several
record store owners I've dealt with collect live tapes, it would be like a
store owner offering to tape a show for a customer if the tape supplied for
the show is purchased at the store. In other words with or without live
material, the tape is sold for $3-$4 each.

Another good defense strategy is to say that since the laws apply to people
who make a "profit" from this, would be to show that you do not make a
profit from this.

If the authorities are calling your tape trading venture a "business" that
is making a profit, have reciepts ready that would show your costs of
collecting tapes. Let them come up with a profit figure of how much you made.

If they are saying you are operating a business, then many accounting
practises can be used to show that you do not not profit from this venture.

If you live in a house and 5% of the house is used to store your tapes you
can argue under the laws of Generally Accepted Accounting Principles that
you can claim against your "profit" 5% of your total household overhead
costs such as, interest on your mortgage, property taxes, heat, hydro, phone
bills, cable bills, depreciation on your house, depreciation on your
computer, etc. Many of these overhead costs alone could be used to argue
that no profit was made by selling tapes to "newbies" for $5 a pop.

This idea is simple, the RIAA is claiming that you are making a profit,
under accepted accounted practises, most of us can very easily dispute that
claim when general overhead costs are factored into the picture.


>In a message dated 98-01-10 15:43:43 EST, you write:
>
><<  A possible loophole:
> >> Advertise on your web page that you are selling blank audio tapes for $4
> >> each and video tapes for $10 each. >> 
> >> If someone would like some live material, dub it free of charge provided
> >> they buy the blank tapes at your price >>
>
>It was kind of coldhearted for theolyn to laugh at you, but he does have one
>point.
>This particular type of loophole has been tested in other areas. For example,
>people would throw huge parties (sometimes called  "raves")  with free liqour
>for all. However, they would sell "maps" to the party for 10 or 15 dollars. I
>think its called facilitation, meaning the courts do`nt care what you call it,
>you`re selling liquor without a license.
>   Your other point--
>  << Anything in a courtroom is possible, if the jurors in the OJ case could
>not
>be convinced that OJ killed his wife, why couldn't the judicial system buy
>this story.>> 
>......is an excellent (though sad) one.
>   This is why I`m not in a panic over this issue, the main thing to remember
>is to stay cautious, be smart, and have a cop-out if you get in any trouble,
>so that nothing really bad will happen. Remember, even this guy from the
>article did`nt get in any unrecoverable trouble.
>
>Later-
>
>Ron
>
>
" I'm gonna go to Wisconsin, or maybe I'll go to the Moon!!"

Robert Plant, Brixton Academy, London 7/16/93