Skunk;212527 Wrote: 
> I think the Betamax* case would protect the analog backup for personal
> time shifting, but I would have let it go if people didn't keep posting
> :-)
> 
> Another guess is that as long as we're not violating the DMCA by
> circumventing control mechanisms in our ripping, that there isn't a law
> expressly prohibiting it. So, would holding shift while inserting a disc
> to defeat auto-run, thus skipping the data track, be circumvention? Only
> if you know!
> 
> *http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=464&invol=417

The Betamax case ruled that it WASN'T a violation to have a personal
copy for time-shifting.  It didn't actually modify the law to GRANT a
right to create a copy for that purpose.  And betamax applied to
time-shifting, not place-shifting, so making a copy of an LP to use it
on a tape deck was marginal but it was never successfully prosecuted,
AFAIK.

Ripping music is pretty analagous to the LP --> tape behavior, so it
seems unlikely that would ever be prosecuted successfully either.  My
point was simply that there is no provision in copyright law granting
you an EXPLICIT right to rip a music track.


-=> Jim


-- 
JimC
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