Hey list,
I haven't posted in a long time, but some of you
who go way back will remember me and the many flame
wars I got into over this issue and others. I think
it's time someone cleared the air here. It seems that
every so often we have to go down this road of
"Illegal Copying" and point out what the law actually
says. I find it ironic how such terms as "ethical"
and "legal" are so easily tossed around by fellow list
members. The law is simple and straight to the point.
It is neither illegal or unethical to copy CD's to MD
or nearly and other derivation involving copying or
recording. There simply is no ethics or legality
questions involved.
Have any of you bothered to read the American
Home Recording Act of 1976 and it's 1992 Ammendment
before showing the list your ignorance regarding the
issue? Judging from most of your posts it would seem
to me that you haven't only not read it, but you
haven't a clue what it says. Let me quote it for you,
(and in case you don't believe me look it up at
http://www4.law.cornell.edu/uscode/17/ch10.text.html )
"No action may be brought under this title alleging
infringement of copyright based on the manufacture,
importation, or distribution of a digital audio
recording device, a digital audio recording medium, an
analog recording device, or an analog recording
medium, or based on the noncommercial use by a
consumer of such a device or medium for making digital
musical recordings or analog musical recordings."
Note, that from the previous sections of the AHRA
which you can look up yourself, only home recording
equiptment that contains SCMS and analog devices that
comply with the law are covered by the previous quote
(this excludes MP3's and computer CD-R drives).
However what it does say is that you can't be
prosecuted (no action may be brought against...). It
covers all noncommercial use of MDs, Audio CD-Rs,
Audio tape, ect. This means you can borrow your
friends CDs and copy them to MD (that's not
commercial). You can copy your own CDs to MD (that's
not commercial). You can record just about anything
with a covered device and not worry about anything.
Copying tapes is legal, Copying CDs to tapes is legal,
Copying a CD to a CD (using a home Audio CD-R deck) is
legal, Copying CD to MD is legal, Copying a MD to a MD
is legal, Recording off the radio is legal. I think
you are beginning to get the idea. Maybe some of you
would like to argue that even though it is legal it's
still unethical, but good luck with that one. You pay
a fine (tax) for my "breaking the law" on each blank
tape, Audio CD-R, and MD I buy and you should resent
that. The fact is we all should be outraged that we
are assumed to be criminals by the US government and
as a result we are fined up front for what we are
"going" to do.
So go ahead and Copy and record to your hearts
content,
Seth
p.s. It's legal
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