Re: [slim] Legality question... boo... hiss......

2007-07-05 Thread JimC

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=USvol=464invol=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


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Re: [slim] Legality question... boo... hiss......

2007-07-05 Thread JimC

adamslim;212538 Wrote: 
 No, importantly incorrect.  Stealing a CD denies the record store of a
 product that they could sell.  Sharing music illegally denies the
 copyright holder their revenue stream only; if the recipient of the
 music was never going to buy it, no-one has actually lost anything. 
 There is a big difference (including legally) between breach of
 copyright and theft.
 
 Not a defence of sharing, just a pedant moment ;)
 
 Adam

Okay, so the copyright holder gets compensated when you steal the CD,
but the store loses money, so there is, I grant you, a pendantic
difference there.  But one that serves to illustrate my point quite
well... most people would never consider stealing from a store, but
they have no qualms about denying fair compensation to a rights holder.
It boggles my mind. 

The whole idea of I wouldn't have bought it, therefore there is no
crime is completely bogus under law.  Copyright law is pretty clear
about it: you cannot benefit from a copyrighted work for which you
haven't been granted some form of license.  Listening to a downloaded
file that you did not pay for (or wasn't offered free by the rights
holder) -- whether you would have bought it or not -- means, legally
speaking, that you have derived a benefit from a work to which you had
no rights.  That means you've violated the law.

Civil crimes are still crimes, just classed differently.


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Re: [slim] Legality question... boo... hiss......

2007-07-05 Thread Harry G

JimC;212540 Wrote: 
 Civil crimes are still crimes, just classed differently.

I beg to differ. I don't think you will find any reference to any such
thing as civil crime. Wikipedia has an pretty good explanation.
http://en.wikipedia.org/wiki/Crime

Think of slander. Its actionable but not a crime.

Jim;  your title is interesting. I assume you're specifically with the
Slim unit? Years ago met one of the original Slim guys who had a
similar sounding function. I think his name was Patrick. Introduced me
to the product's existence and tolerated my no more than functional
French. Is he still there or have the founders gone elsewhere?


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Re: [slim] Legality question... boo... hiss......

2007-07-05 Thread JimC

Harry G;212564 Wrote: 
 I beg to differ. I don't think you will find any reference to any such
 thing as civil crime. Wikipedia has an pretty good explanation.
 http://en.wikipedia.org/wiki/Crime
 
 Think of slander. Its actionable but not a crime.

You're correct.  I was sloppy in phrasing the statement.  It's easier
to think of something that lands you in court as a crime and I took a
shortcut in what I was saying.  Mea culpa.


 Jim;  your title is interesting. I assume you're specifically with the
 Slim unit? Years ago met one of the original Slim guys who had a
 similar sounding function. I think his name was Patrick. Introduced me
 to the product's existence and tolerated my no more than functional
 French. Is he still there or have the founders gone elsewhere?

Yes, I am with the Streaming Media Systems group (nee Slim Devices). 
Patrick left soon after the acquisition, but Sean and Dean are still
here and are active in the development of the product line.  Patrick
and I worked together several years ago at Creative, so when he decided
to leave Slim, he was kind enough to put in a good word for me with Sean
and Dean.


-= Jim


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Re: [slim] Legality question... boo... hiss......

2007-07-05 Thread Timothy Stockman

JimC;212519 Wrote: 
 It's not the RIAA, it's Congress, and no one cares about the CD.  The CD
 merely represents the license you have to listen to the music you
 purchased on that medium.  When you purchase music online, with or
 without DRM, the file represents the license granted to you by the
 copyright holder.
OK, it's Congress at the behest of the RIAA.  The RIAA, for the most
part, claims to represent the copyright holder's interests before
Congress.

To be more explicit about the token that represents one's license to
use the copyrighted work, the stamped CD, LP or pre-recorded tape is
that token.  In the case of DRM downloads, a virtual token is generated
to represent the listener's playback device(s) and is stored in the DRM
provider's database.  The file itself is not the token, just as a
burned copy of the CD or a home-recorded cassette is not the token,
since they are easily duplicated by the listener.  With non-DRM
downloads there is no token; there is only the receipt the seller and
buyer keep of the purchase.  If you resell a non-DRM download, unlike
with a used CD or a book, there is no token that can pass to the buyer
(at least that I'm aware of) to indicate that he has assumed the
license.

You're right that we have always been on the honor system to erase all
copies when we sold the token.  But, with non-DRM downloads we're
REALLY on the honor system, because so far as I can see, there's no way
for the copyright holders to even know who, other than the original
purchaser, owns the token that represents the license.


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Re: [slim] Legality question... boo... hiss......

2007-07-05 Thread JimC

Timothy Stockman;212618 Wrote: 
 ...You're right that we have always been on the honor system to erase
 all copies when we sold the token.  But, with non-DRM downloads we're
 REALLY on the honor system, because so far as I can see, there's no way
 for the copyright holders to even know who, other than the original
 purchaser, owns the token that represents the license.

Actually, the tracks sold on the Apple iTunes Music Store have at the
username and e-mail address of the purchaser embedded in them (this is
for -both- DRM and non-DRM tracks).  You can see part of the story
here:

http://tinyurl.com/yty75n

The EFF speculates that additional copies of that information, or other
unique identifiers, may also have been embedded in the file.  I've yet
to find confirmation that has been done, but it is technically feasible
to do that.

Apparently, Apple is using the trust, but verify version of the honor
system.  Being a parent of three children, I'm rather familiar with that
system.


-= Jim


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Re: [slim] Legality question... boo... hiss......

2007-07-05 Thread Timothy Stockman

JimC;212637 Wrote: 
 Actually, the tracks sold on the Apple iTunes Music Store have at the
 username and e-mail address of the purchaser embedded in them (this is
 for -both- DRM and non-DRM tracks).  You can see part of the story
 here:
 
 http://tinyurl.com/yty75n
 
 The EFF speculates that additional copies of that information, or other
 unique identifiers, may also have been embedded in the file.  I've yet
 to find confirmation that has been done, but it is technically feasible
 to do that.
 
 Apparently, Apple is using the trust, but verify version of the honor
 system.  Being a parent of three children, I'm rather familiar with that
 system.
 
 
 -= Jim
Yes, I know that.  Unfortunately only one of my 100 or so iTunes tracks
is upgradable, so far. :(

However, as I was trying to point out, the embedded information is not
a token that can be passed on as is a physical CD, or even as a virtual
token when one deauthorizes/reauthorizes computers to the DRM provider. 
The embedded information can only identify the initial purchaser, not
the current owner of the license.  Maybe part of the downloading model
is that, unlike with CDs, one is not ever allowed to resell his
downloads; that once downloaded, they are his in perpetuity.


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread brjoon1021

Geez, so legally, if one buys a used CD, rips it and then sells the CD
to a used CD store, the ripped copy on the hard disk should be deleted,
no ?

I wonder if CD and DVD resale is a bit shady too then because one is
purchasing the right to listen to the music (what we determined is the
thing being purchased, not the format) from an entity that is not
giving profits to the artists, label, etc... but is the sole
beneficiary of the profits.

Your thoughts ?


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread adamslim

brjoon1021;212472 Wrote: 
 Geez, so legally, if one buys a used CD, rips it and then sells the CD
 to a used CD store, the ripped copy on the hard disk should be deleted,
 no ?
 
 I wonder if CD and DVD resale is a bit shady too then because one is
 purchasing the right to listen to the music (what we determined is the
 thing being purchased, not the format) from an entity that is not
 giving profits to the artists, label, etc... but is the sole
 beneficiary of the profits.

The legal system works here: once you sell a CD, you no longer have
rights to the music - so you should delete the rip.

CD sale is expressly allowed - you can sell the licence to play the
music, but that means that you no longer have it.

Adam


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others

http://www.last.fm/user/AdamSlim/
'Last.fm group: people who don't listen to any of last.fm's top
artists'
(http://www.last.fm/group/People+who+don%27t+listen+to+any+of+last.fm%27s+top+artists)

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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread brjoon1021

I don't know... I guess I am pretty disappointed with the way all of
this unfolds. It seems to basically boil the purchase price of such a
device only gets one the privilege of not having to get up to change a
CD (which you MUST be in the possession of to be listening to its
music). I am not THAT lazy. Internet radio is the other thing, but that
does not interest me too much. For me, current laws make these types of
devices kind of superfluous and too expensive. They are kind of a CD
multi-Disk changer, in effect. If one is OK with ripping every disk
that his/her friends have then this category of front end is a gold
mine...


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread aubuti

brjoon1021;212472 Wrote: 
 Geez, so legally, if one buys a used CD, rips it and then sells the CD
 to a used CD store, the ripped copy on the hard disk should be deleted,
 no ?
Yes, that's right. And same applies for buying a new CD.

 I wonder if CD and DVD resale is a bit shady too then because one is
 purchasing the right to listen to the music (what we determined is the
 thing being purchased, not the format) from an entity that is not
 giving profits to the artists, label, etc... but is the sole
 beneficiary of the profits.
I don't know the legalisms, but I think the artist, label, etc. are
considered as getting their full cut on the initial sale. Subsequent
re-sales (a) defray the cost to the original buyer who decides the disc
is worth something less than the full price, and (b) allow someone else
who thinks the disc isn't worth the full retail price to add it to
their collection.


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread drewe181

so if someone steals your cd then you legally don't own the music
anymore and if you own a record (music) store you can copy whatever you
have in stock since you technically own all the music.


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread JJZolx

brjoon1021;212495 Wrote: 
 I don't know... I guess I am pretty disappointed with the way all of
 this unfolds.

None of this should be news to anyone.  You act like you just dicovered
that you need to put gas in the new car you bought.

 It seems to basically boil the purchase price of such a device only gets
 one the privilege of not having to get up to change a CD (which you MUST
 be in the possession of to be listening to its music). I am not THAT
 lazy.

No, the convenience factor goes far beyond that.  Playing custom
playlists, random files, using it as an alarm.  The same thing people
have been doing with computers and digital music files for the last 10
years or so.  Where the Squeezebox fits in is being able to get the
music from the computer to the stereo system over a network.  Many
people have no problem just connecting a computer's soundcard output
directly to their stereo system.  For them, I'd say there's little
reason to own a Squeezebox.

 Internet radio is the other thing, but that does not interest me too
 much. For me, current laws make these types of devices kind of
 superfluous and too expensive. They are kind of a CD multi-Disk
 changer, in effect. If one is OK with ripping every disk that his/her
 friends have then this category of front end is a gold mine...

I'm really curious as to what you thought you were buying.  Did you
thing that for $300 you were purchasing some kind of perpetual music
machine?

You need to return it while you're still within the 30 day window.


-- 
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Jim

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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread adamslim

aubuti;212496 Wrote: 
 I don't know the legalisms, but I think the artist, label, etc. are
 considered as getting their full cut on the initial sale. Subsequent
 re-sales (a) defray the cost to the original buyer who decides the disc
 is worth something less than the full price, and (b) allow someone else
 who thinks the disc isn't worth the full retail price to add it to
 their collection.

Ah, if only we could pay what we thought it was worth.  Maybe that's
why bittorrent is so popular...


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others

http://www.last.fm/user/AdamSlim/
'Last.fm group: people who don't listen to any of last.fm's top
artists'
(http://www.last.fm/group/People+who+don%27t+listen+to+any+of+last.fm%27s+top+artists)

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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread Timothy Stockman

Apparently the RIAA, at least as demonstrated by their actions, feels
that one has to have the CD in their possesion to be allowed to play
the sounds from that CD.  XM Satellite Radio has a huge hard disk music
library and they made an explicit agreement with the RIAA to broadcast
the music over their satellites.  Interestingly enough, the RIAA
agreement requires XM to store all the physical CDs, even though XM
pays the RIAA when they air them, anyway.  (I don't remember normal
radio stations being under that restriction from my days in radio.)  I
guess the RIAA wants to be able to point to XM as an example that they
expect us to retain all of our CDs.

It gets interesting when one gets to the area of legal downloads,
especially DRM-free.  One pays for the download and ends up with a file
on their hard drive, but no physical token like the CD.  I guess more
progressive recording types realize that, for most intents, we're on
the honor system anyway these days.


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread Harry G

I asked about this a few months ago. I hoped to know before giving a
bunch of flac files to a friend in law enforcement. 

While there are a plethora of software engineers here, not one lawyer
spoke up. It ended up a morality thread.

Did a bunch of web research. In spite of those FBI warnings on most CDs
and DVDs, it appears to be a civil matter, likely to end up better
defined by case law over the next few years.

There are places on the web where you can legally download lossless
music files. Google is your friend.


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread JimC

Timothy Stockman;212513 Wrote: 
 Apparently the RIAA, at least as demonstrated by their actions, feels
 that one has to have the CD in their possesion to be allowed to play
 the sounds from that CD.

It's not the RIAA, it's Congress, and no one cares about the CD.  The
CD merely represents the license you have to listen to the music you
purchased on that medium.  When you purchase music online, with or
without DRM, the file represents the license granted to you by the
copyright holder.

Copyright law defines who owns the rights to a work, and how they go
about granting use rights (listening, performance, derivative works,
fair use, etc.) to others.


 ...the RIAA agreement requires XM to store all the physical CDs, even
 though XM pays the RIAA when they air them, anyway.  (I don't remember
 normal radio stations being under that restriction from my days in
 radio.)

Terrestrial broadcasters were granted an exception -- statutory rights
-- to broadcast music WITHOUT an explicit grant from the copyright
holders, as long as they paid a royalty to the performer and composer. 
The royalty is set by the Copyright Royalty Board and is collected and
disbursed through a company called SoundExchange.

XM and Sirius did not qualify for the statutory rights program due to
the special license they were granted to use their radio spectrum.  The
reached a separate agreement to license the music they play.

 ...I guess more progressive recording types realize that, for most
 intents, we're on the honor system anyway these days.

You've always been on the honor system.  The mechanisms to copy and
distribute tapes and CDs have been around for a very long time.  It's
just that the economics of breaking the law were very high -- the time,
effort, and cost involved in duplicating a CD and sending it to 10,000
of your very best friends was simply too high.  Now, with the costs of
sharing a CD with millions of people approaching zero, it makes it
trivial to break the law and otherwise honest people seem to have no
problem with actively doing so.

And just to head off the whole well, don't you drive over the speed
limit?  that's illegal too! argument, I'm *very* well aware of the
choices we each make and believe you are free to make yours.  I'm not
condemning anyone for choosing to upload or download music without a
license; I am simply pointing out that in the U.S. it is illegal to do
and people who would NEVER walk into a store and steal a CD seem to
have no problem doing exactly the same thing online.  No moral/ethical
judgment there, just the facts.


-= Jim


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread aubuti

adamslim;212504 Wrote: 
 Ah, if only we could pay what we thought it was worth.  Maybe that's why
 bittorrent is so popular...
Well, yeah. At the risk of stating the obvious, we pay what we AND the
seller agree it is worth, whether the seller is new shrink wrapped
retail or 2nd-hand. And if the price is too high for the buyer or too
low for the seller, there's no deal. If you can't find someone willing
to sell at what you think it's worth, that's hardly a justification for
illegal downloads.


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread aubuti

JJZolx;212498 Wrote: 
 No, the convenience factor goes far beyond that.  Playing custom
 playlists, random files, using it as an alarm.  The same thing people
 have been doing with computers and digital music files for the last 10
 years or so.  Where the Squeezebox fits in is being able to get the
 music from the computer to the stereo system over a network.  Many
 people have no problem just connecting a computer's soundcard output
 directly to their stereo system.  For them, I'd say there's little
 reason to own a Squeezebox.
I agree with Jim about the convenience factor, and add one more: being
able to have full access to your CD collection (including custom
playlists, random mixes, etc.) and internet radio anywhere that is
within range of your home network. For me the SB became an obvious
choice when I put audio systems in my rec room and kitchen -- who wants
to schlep CDs all over the house/flat?


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread Skunk

JimC;211733 Wrote: 
 The reality is that there's no specific grant of rights to make an MP3
 (or FLAC or OGG, etc) copy, just as there was no specific grant to make
 a tape copy of an LP to play in your car. 

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=USvol=464invol=417


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Re: [slim] Legality question... boo... hiss......

2007-07-04 Thread adamslim

JimC;212519 Wrote: 
 I am simply pointing out that in the U.S. it is illegal to do and people
 who would NEVER walk into a store and steal a CD seem to have no problem
 doing exactly the same thing online.  No moral/ethical judgment there,
 just the facts.

No, importantly incorrect.  Stealing a CD denies the record store of a
product that they could sell.  Sharing music illegally denies the
copyright holder their revenue stream only; if the recipient of the
music was never going to buy it, no-one has actually lost anything. 
There is a big difference (including legally) between breach of
copyright and theft.

Not a defence of sharing, just a pedant moment ;)

Adam


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Those are my principles, and if you don't like them... well, I have
others

http://www.last.fm/user/AdamSlim/
'Last.fm group: people who don't listen to any of last.fm's top
artists'
(http://www.last.fm/group/People+who+don%27t+listen+to+any+of+last.fm%27s+top+artists)

SB+, EAR 859, Living Voice Auditorium II plus some other stuff
SB3, Shek d2, Ming-Da MC84-C, Harbeth HL-P3ES

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Re: [slim] Legality question... boo... hiss......

2007-07-01 Thread machinehead

brjoon1021 
[EMAIL PROTECTED] 
wrote in message 
news:[EMAIL PROTECTED]
 so if you know something I don't
 know about how I can get lossless music from my squeezebox without
 having to buy CD after CD for the few good songs on them, please shed
 some light. I bought a squeezebox for FLAC not bad sounding downloads.
 I can't understand the thinking that says that losing some of the sound
 is OK. Can't comprehend that at all.

First, losing some of the sound is okay if you can't hear the difference. 
True enough, 128K MP3s are awful, but there probably are higher quality 
downloads available.  All downloads are not MP3, and even all MP3 is not 
crap, especially when it reaches the point where audiophiles can't tell the 
difference in a blind ABX test.  I myself do not purchase lossy-compressed 
music, but I do use lossy compression when appropriate for a device, and 
when done properly, it is indistinguishable from the original.

I do agree that for commercial track/album purchase via download, there is a 
dearth of high-quality sources, which is one reason I don't go that route, 
but I do think that situation is improving.

Second, I would suggest that you get a BitTorrent client, such as Azureus, 
and start looking for bootlegs.  I am not talking about the illegal sites 
that feature rips of commercial CDs alongside warez, warez, WAREZ!!!, but 
sites like dimeadozen, thetradersden, or artist-specific sites like 
rustradio.org.  These sites offer unreleased live  (often soundboards) and 
studio/compilations, in FLAC and SHN.  Quality varies but it is not hard to 
find good stuff, especially in the comps and soundboards.  Anything that is 
commercially available from a real label is not allowed.  Also, look at Live 
Music Archive - there used to be a Squeezebox plugin for it, not sure if it 
is still available.

Ed



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Re: [slim] Legality question... boo... hiss......

2007-07-01 Thread machinehead

brjoon1021 
[EMAIL PROTECTED] 
wrote in message 
news:[EMAIL PROTECTED]

 As for why would I rip trash, well, it is standard practice and always
 has been in the recording industry to put a couple of hits on a crappy
 record to sell the whole thing. So, if there are two great songs that
 you like on a CD, you can buy the whole thing for $16 US, waste a lot
 of time trying to find it in used CD stores which ends up being more

A couple more thoughts...first, there was a time when the album was 
important, and many many CDs exist with more than 2 good songs on them...so 
it depends what your tastes are.  Not to be snide, but I guess what I'm 
saying is, listen to better artists :-)

Also...try CDbaby.com.  Join YourMusic.com.  Buy used from Amazon.  Try 
deepdiscountcd.com.  Try comparison engines, like pricegrabber.com.  There 
is simply no reason in this day and age to be paying $16 for a CD, there are 
too many lower-priced alternatives.

Ed 



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Re: [slim] Legality question... boo... hiss......

2007-07-01 Thread Skunk

brjoon1021;211694 Wrote: 
 Thanks for your responses. I am now regretting my recent purchase of a
 Squeezebox a little, bought it yesterday. I am not going to steal and I
 don't have many CDs.
 

You shouldn't regret the purchase, and will probably learn to love the
thing. Honestly, I don't see any alternative for losslessly listening
to only good songs...

Rip the albums you do own, and note how much easier it is to listen to
the songs you like without changing a disc every third track. You can
delete the songs you never listen to, but if you're like me you'll find
some of the ones you thought were bad work great in a random mix. 

As for the library, you could always borrow a ton of CDs and find the
(rare) good albums worth purchasing. Also, I'm on the constant lookout
for $1 albums. Some of my best CDs came from the clearance section of
'half priced books' and record stores that buy/sell used. 

Happy hunting.


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Re: [slim] Legality question... boo... hiss......

2007-07-01 Thread Skunk

JimC;211733 Wrote: 
 
 It's the big pink elephant that no one wants to talk about.  

Yeah it's probably off topic anyway. 

Thanks for the reply though, and I'll also take the time to thank Slim
Devices for their support of  'the EFF' (http://www.eff.org/about/),
hoping it continues :-)


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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread JimC

brjoon1021;211642 Wrote: 
 I am one of those tender consciouses that tries to tow the line if I
 can. So, I was wondering, are the laws for music recorded on CD
 basically such that you can ONLY rip CDs that YOU paid for? I am
 referring to American laws...
 
 For example:
 1. CDs your friends or family paid for are illegal for you to rip even
 with their permission ?
 
 2. What about Public Library holdings that you can check out? That
 seems like it might be a gray area as you own it just as much as anyone
 else does. The Public Library as proxy for the Goverment maintains it
 for all of us.
 
 Just wondering... does anyone know the answers to these? It is a shame
 to have to care. The greedy record companies put out so much garbage
 and charge so much for it! It is easy to justify ripping everything
 that can be begged, borrowed or stolen on these grounds, but I feel
 guilty.
 
 B.

At the risk of inciting the masses...

You do not, under U.S. Copyright laws, have a right to keep a copy of a
CD you do not own.  The contention for allowing an MP3 or other copy
made is that it is a fair use of a work for which you have been
granted -- through the process of purchase -- a right to use.  In other
words, because you paid for the original, it is reasonable for you to
play it on a device you own, even if that means you have to change the
format.

You can legally loan a CD to a friend, and they can legally listen to
it, but they cannot legally keep a copy (in any format).  This is the
same as a book -- you're free to loan it to someone, and they are
legally entitled to read it but they can't legally photocopy it for
their library.  If you give them the CD as a gift, you're considered to
have transferred the license which means you no longer have a right to
maintain a copy -- that right transfers to your friend along with the
CD.

As far as a public library goes, the above paragraph applies... they
own the CD and are only loaning it to you for a listen.  When you
return the CD, you're returning the rights to the content along with
it.


-- 
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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread adamslim

For the UK perspective, I don't think it is legal to rip music at all. 
Check this out: http://www.copyrightservice.co.uk/copyright/

 Acts that are allowed
 
 Fair dealing is a term used to describe acts which are permitted to a
 certain degree without infringing the work, these acts are:
 
 * Private and research study purposes.
 * Performance, copies or lending for educational purposes.
 * Criticism and news reporting.
 * Incidental inclusion.
 * Copies and lending by librarians.
 * Acts for the purposes of royal commissions, statutory enquiries,
 judicial proceedings and parliamentary purposes.
 * Recording of broadcasts for the purposes of listening to or
 viewing at a more convenient time, this is known as time shifting.
 * Producing a back up copy for personal use of a computer program.
 * Playing sound recording for a non profit making organisation,
 club or society.

Nope, nothing there.  Let's try fair use then:

1. What is fair use?
 
 In copyright law, there is a concept of fair use, also known as;
 free use, fair dealing, or fair practice.
 
 Fair use sets out certain actions that may be carried out, but
 would not normally be regarded as an infringement of the work.
 
 The idea behind this is that if copyright laws are too
 restrictive, it may stifle free speech, news reporting, or result in
 disproportionate penalties for inconsequential or accidental
 inclusion.
 
 2. What does fair use allow?
 
 Under fair use rules, it may be possible to use quotations or
 excerpts, where the work has been made available to the public, (i.e.
 published). Provided that:
 * The use is deemed acceptable under the terms of fair
 dealing.
 * That the quoted material is justified, and no more than is
 necessary is included.
 * That the source of the quoted material is mentioned, along
 with the name of the author.
 
 3. Typical free uses of work include:
 * Inclusion for the purpose of news reporting.
 * Incidental inclusion.
 * National laws typically allow limited private and
 educational use.
 
 4. What is incidental inclusion?
 
 This is where part of a work is unintentionally included. A
 typical examples of this would be a case where holiday movie
 inadvertently captured part of a copyright work, such as some
 background music, or a poster that just happened to on a wall in the
 background.
 
 5. Points to keep in mind...
 
 The actual specifics of what is acceptable will be governed by
 national laws, and although broadly similar, actual provision will vary
 from country to country.
 
 Cases dealing with fair dealing can be complex, as decisions are
 based on individual circumstances and judgements. This can be a very
 difficult area of copyright law.
 
 To avoid problems, if you are in any doubt, you are advised to
 always get the permission of the owner, prior to use.

Well National laws typically allow limited private and educational
use might seem to help, but there is no specific provision for ripping
in the UK.

Therefore, if you are a strict rule-follower in the UK, the legality of
any music you have copied from your own CDs is dubious at best.  I
suggest you join us chaotic establishment-challengers :)

Adam


-- 
adamslim

Those are my principles, and if you don't like them... well, I have
others

http://www.last.fm/user/AdamSlim/
'Last.fm group: people who don't listen to any of last.fm's top
artists'
(http://www.last.fm/group/People+who+don%27t+listen+to+any+of+last.fm%27s+top+artists)

SB+, EAR 859, Living Voice Auditorium II plus some other stuff
SB3, Shek d2, Ming-Da MC84-C, Harbeth HL-P3ES

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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread amcluesent

but I feel guilty.

That feeling reduces after the first 100 rips :)


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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread Skunk

JimC;211643 Wrote: 
  The contention for allowing an MP3 or other copy made is that it is a
 fair use of a work for which you have been granted -- through the
 process of purchase -- a right to use.  

Even that requires authorization from the copyright holders, no? I was
under the impression that we were only 'allowed' to make analog tape
copies, and that The making of back up copies for personal use has
never been held to be a per se noninfringing use. 2003 Rec. at 106-08.
(i)

Fair use for a compact disc is playing it in a cd player, and
purchasing a cheap and widely available replacement should loss or
damage occur to the original.(ii) 

Not trying to incite the masses either, but the ambiguity of the law
deserves attention, IMO. Perhaps it would be easier to take the moral
high road if it were actually about protecting creative works, but
instead it seems like a grand scheme to maximize profits by selling
many formats. They made a mint on the VHSDVD transition and are
looking to do the same for Compact DiscHard Disk.

(i,ii) Joint reply from copyright holders regarding the DMCA
http://www.copyright.gov/1201/2006/reply/11metalitz_AAP.pdf ;Section G,
p. 39


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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread brjoon1021

Thanks for your responses. I am now regretting my recent purchase of a
Squeezebox a little, bought it yesterday. I am not going to steal and I
don't have many CDs.

As for why would I rip trash, well, it is standard practice and always
has been in the recording industry to put a couple of hits on a crappy
record to sell the whole thing. So, if there are two great songs that
you like on a CD, you can buy the whole thing for $16 US, waste a lot
of time trying to find it in used CD stores which ends up being more
expensive due to lost time - unless you are a vagrant - or you can
download a horrible 128KB or so MP3 of the song from a site. I am new
to all of this; I never bought an iPod so if you know something I don't
know about how I can get lossless music from my squeezebox without
having to buy CD after CD for the few good songs on them, please shed
some light. I bought a squeezebox for FLAC not bad sounding downloads.
I can't understand the thinking that says that losing some of the sound
is OK. Can't comprehend that at all.


-- 
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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread Pale Blue Ego

Well, there's always internet radio.


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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread Pat Farrell
Pale Blue Ego wrote:
 Well, there's always internet radio.

Not in the US if the RIAA keeps bribing Congress and the 
administration's bodies.

Good thing the folks in Washington are too clueless to notice that I 
listen to Jazz out of France.


-- 
Pat
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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread Mike Anderson

brjoon1021;211694 Wrote: 
 waste a lot of time trying to find it in used CD stores which ends up
 being more expensive due to lost time

You can get used CDs online these days.  I have pretty obscure tastes,
but Amazon has the used version of what I'm looking for about half the
time.  Typically costs about $5-7 with shipping.


-- 
Mike Anderson

'FREE RADICAL 
RADIO!' (http://nvo.com/cd)  Hours of free radical MP3s.

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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread JimC

Skunk;211676 Wrote: 
 Even that requires authorization from the copyright holders, no? I was
 under the impression that we were only 'allowed' to make analog tape
 copies, and that The making of back up copies for personal use has
 never been held to be a per se noninfringing use. 2003 Rec. at 106-08.
 (i)

That's why I said the contention is...  The reality is that there's
no specific grant of rights to make an MP3 (or FLAC or OGG, etc) copy,
just as there was no specific grant to make a tape copy of an LP to
play in your car.  The premise is that you paid for right to play the
song and the medium for playback is NOT part of copyright, so
transcribing/translating the work so you can benefit from your purchase
was not considered to have infringed on the rights you were granted. 
You would violate the law if you gave the copy to someone for them to
use.

It's the big pink elephant that no one wants to talk about.  Current
copyright laws are not designed for a global, interconnected economy
but the RIAA, MPAA, etc. don't want to mess with them, for fear they
might lose the pretty tight control they have.  If you read about the
debate that went on around copyrights, Congress was well aware of the
monopoly they were granting, which is how the whole set of fair use
provisions found their way into the law, as well as the statutory
rights grants for things like performances (including radio).  If
copyright were to be revisited, depending on the makeup of Congress at
the time, it could be significantly altered in ways that would not be a
benefit to current copyright holders, who actually have it pretty good
under the current law.


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Re: [slim] Legality question... boo... hiss......

2007-06-30 Thread aubuti

brjoon1021;211694 Wrote: 
 Thanks for your responses. I am now regretting my recent purchase of a
 Squeezebox a little, bought it yesterday. I am not going to steal and I
 don't have many CDs.
Two things. First, there is a 30 day return policy, so sleep on it a
little more and then make up your mind. Second, I found that getting an
SB re-invigorated my interest in music, and I've bought a lot more CDs
in the 18 months I've had an SB than I had bought in the preceding 5-10
years. So if you late nature run its course and your wallet can stand
it, you could have a lot more CDs a year from now.


-- 
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