on 10-12-04 12:04 PM, Philip Stortz at [EMAIL PROTECTED] wrote:
by the way, it is in fact legal to make copies of anything you own, it's called fair use and is well established in copyright law.
I'm wondering, though, if the DMCA and some of the other newer legislation has changed the definition of "fair use" so that even making backup copies of stuff you legally own is illegal.
It's still fair use.
It doesn't become copyright infringement until you (and this is where the DMCA and the other copyright laws start to conflict)...
a) Sell the copy. IOW, a claim of copyright infringement is a civil matter. It requires proof of an actual financial loss.
b) Give (ie, not loan temporarily) the copies permanently to someone not in your immediate family.
AFAICT, the RIAA believes that if you have an album on vinyl and you burn it to a CD, you are, in fact, pirating. You should have bought another commercial copy on CD, instead, you naughty person.
Pirating. *smirk* Copyright infringement has nothing to do with the piracy laws. Those pertain to the high seas! This is a term that the [RI|MP]AA Mafia has stolen, for it's PR feel. For that alone, they should be keel-hauled then hung from the yard-arm! arrrrrrr.
The RIAA and MPAA believe a lot of things. Of course the they have deep pockets, so they can create law. :(
Personally, I think the RIAA and MPAA can go jump. I don't share out my copyrighted works a la p2p but then again, I still loan them to friends. And I make LOTS of backups.
If they want to toss me in the pokey for making CDs out of my 33s, cassettes, and 8tracks, so be it. Go for it. I'm going to be making DVDs out of my VHS tapes shortly. Just got the DVD burner.
All 88 Frelling Episodes. YA!
- Dan.
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