[SATLUG] Man arrested for copying his own CD's

herb cee hc at lookcee.com
Fri Jan 4 21:21:45 CST 2008


Brian Lewis wrote:
> Actually, "fair use" hasn't been determined by a court yet, so we can 
> only speculate as to what fair use is.

Your statement is false according to the .gov site this law is codified

Although fair use was not mentioned in the previous copyright law, the 
doctrine has developed through a substantial number of court decisions 
over the years. This doctrine has been codified in section 107 of the 
copyright law.
http://www.copyright.gov/fls/fl102.html

Would you please site your source?
>
> Sent from my iPhone
>
> On Jan 4, 2008, at 7:49 PM, Alan Lesmerises <alesmerises at satx.rr.com> 
> wrote:
>
>> I had read that one of the RIAA attorneys or executives said during a 
>> deposition (or maybe it was in an actual trial) that they considered 
>> someone who ripped a song from their own CD onto their own hard drive 
>> for their own use as "stealing a song", even though that would 
>> clearly fall under the auspices of fair use.
>>
>> So even though the Post story may be technically incorrect about this 
>> specific case, it does seem to reflect the general attitude that the 
>> RIAA has towards people ripping MP3s off their own CDs. I just see it 
>> as today's equivalent of recording an LP onto a cassette so you could 
>> listen to it on your walkman or in your car. The only difference is 
>> that the technology & the medium has changed.
>>
>>
>> Borries Demeler wrote:
>>> There was an interesting discussion of exactly this topic on NPR's 
>>> 'Talk of the Nation' yesterday - here is the link:
>>>
>>> http://www.npr.org/templates/story/story.php?storyId=17814972
>>>
>>> Abstract:
>>>
>>> Talk of the Nation, January 3, 2008 - A recent article in the 
>>> Washington
>>> Post claims that the Recording Industry Association of America (RIAA)
>>> views copying a legally purchased CD onto a computer or an MP3 player
>>> as unauthorized, and potentially subject to a lawsuit. The RIAA 
>>> contends
>>> that the Washington Post story is false.
>>>
>>> Guests:
>>>
>>> Marc Fisher, columnist for the The Washington Post
>>>
>>> Cary Sherman, president of the Recording Industry Association of 
>>> America (RIAA)
>>>
>>> This segment echoes what Mark says below about misinterpretation by 
>>> the media.
>>>
>>> -borries
>>>
>>>
>>>> The media has misinterpreted the case. The issue is not that he
>>>> ripped a legally purchased CD (which is still legal under the
>>>> "archival" part of copyright law, no matter what the RIAA says), the
>>>> issue is that he put those ripped songs into a directory that was also
>>>> used by a P2P app. Since the P2P app "served" the songs out without
>>>> his knowledge, he is still technically guilty of illegal file-sharing.
>>>>
>>>> The (MP|RI)AA really loves P2P because it is so easy to go after
>>>> everyone who downloads a song/movie, since because of the way P2P
>>>> works, a downloader is also an uploader!
>>>>
>>>> I try to only use media that I ripped myself, and don't have anything
>>>> to do with music sharing.
>>>>
>>>> --Mark McCoy
>>>> - US Army Veteran
>>>> - Professional Unix Geek
>>>>
>>>> Here in America we are descended in blood and in spirit from
>>>> revolutionists and rebels - men and women who dared to dissent from
>>>> accepted doctrine. As their heirs, may we never confuse honest dissent
>>>> with disloyal subversion. -- Dwight D. Eisenhower
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>>
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