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

Brian Lewis astro at astr0.org
Fri Jan 4 22:35:30 CST 2008


The words fair use ate not listed once. No judge has ever ruled on  
what constitutes fair use.

Ever.

Sent from my iPhone

On Jan 4, 2008, at 9:21 PM, herb cee <hc at lookcee.com> wrote:

> 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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