Harry G;194133 Wrote: > I expected it to be that simple but the more I google, the grayer the > subject appears to be. Much revolves around "fair use" and "audio home > recording act". On these the Wikipedia pages are informitive but if you > go the the "discussion" tabs, the experts are arguing behind the > curtain. Also important I think is a legal case that allowed the eIPod > and its ilk, RECORDING v DIAMOND : > http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=case&no=9856727 > > Some activist sites like:http://www.nyfairuse.org/ flat out say that > its legal as long as there is no profit motive. > > I can't digest any more text for now but I've seen enough references to > "Digital Millennium Act" that I would guess that's important too. > > I agree that what I describe is no different from making a CD copy for > a friend, but from what I'm reading, I'm not certain either is illegal.
Nor should you be certain that either is legal.... However, you can be as about as certain as is possible, given the uncertainty inherent in case law, that copying for your own use constitutes "fair use." You can also be fairly certain that copying for your friend's use does not. Some (particularly the RIAA) would argue that copying even for your own use violates the DMCA, and they may even be technically correct, but that implies that the DMCA contradicts the historical legal interpretation of "fair use." That seems to be the most restrictive and pernicious "gray area." Others would argue that you should be able to copy as much as you want as long as there is no profit motive, but that ignores the legal precedents. For example, one could never legally print 1000 (or even one) copies of a copyrighted book and distribute them, as purchasing the original book constituted one license, not 1001 (in general, although a given copyright holder can relax the licensing terms for his work). However, you can legally give the book away, or even resell it. Similarly, it is likely legal (and certainly ethical) to copy a CD, and give your friend the copy as well as the original CD. Disclaimer: I am not a lawyer, nor do I play one on TV, although I do have a fair amount of experience with intellectual property contracts and copyright law. -- jeffmeh ------------------------------------------------------------------------ jeffmeh's Profile: http://forums.slimdevices.com/member.php?userid=3986 View this thread: http://forums.slimdevices.com/showthread.php?t=34366 _______________________________________________ discuss mailing list discuss@lists.slimdevices.com http://lists.slimdevices.com/lists/listinfo/discuss
