On Mon, 31 Jul 2000, Richard Lang wrote:
> Dan Frakes is just stating the legal position, pretty accurately as far as I
> can see. Downloading stuff (old, new, available, unavailable) you don't
> already "own" [are licensed to use] legally is illegal. Even subsequently
> going out and buying the CD doesn't make it legal either,although it may
> well ease your conscience! Whether you personally think it's right or wrong
> is up to you.
Is it any different than having your friend make you a tape recorded copy
of an album, or burning you a copy of the CD.
Recently, on a BBS, someone posted what I believe to be probably the most
relevant part of the US law (and after all, this case is being
based on US law, in the US court system) governing this case. The quote
is from the Audio Home Recording Act...Piracy is legally recognized as
unauthorized distribution for commercial use (ie...money changes hands).
Just be cause the record companies don't make money directly from the
trading of MP3 files doesn't necessarily classify it as piracy, because
it isn't being traded in commercial fashion:
"US Code, Title 17 - Copyrights
Sec. 1008. Prohibition on certain infringement actions
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."
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