FYI: IANAL.
Dylan William Hardison wrote:
> On Tuesday, July 29, 2003 at 08:00AM -0400, Eric Jahn wrote:
>
>>The RIAA would have no easy way of catching a stream ripper, but
>>possession of ripped streaming media still sounds as illegal as a song
>>ripped from a CD.
If you are circumventing a method of copyright (such as with many
one-time-only video streams on the 'net), it is illegal. Sure, I can use
"ASF Recorder" to store Microsoft streaming feeds, but the legality is
extremely questionable. The same is true for RealVideo streams (ie pnm,
rtsp, etc).
> Ripping *MY* CD's into .ogg's and *NOT* sharing them is not illegal!
> Now, if I were to give or sell the CD, and not delete the .ogg files,
> that would quite possibly be illegal, but I don't.
>
> I myself own the CD that I bought, or that was bought and given to me.
> My ownership just does not include copy rights; I don't have the right
> to copy it, except for my own fair use.
That is fair use. Nothing illegal about that, AFAIK.
> Now, recording radio streams, I find it hard to believe that
> that is illegal. While at the St. Pete meeting yesterday,
> I recorded some streaming media into an analog storage device,
> that is to say, I taped a TV show. That is not illegal, right?
Fair use suggests that you are permitted to make a copy for your own use
. Making further copies to distribute or selling that single copy would
be illegal.
PVRs aren't themselves illegal, if you invoke fair use and watch the
entire thing. Skipping commercials is questionable at the moment (as
that is the financial source driving most broadcast media at this point).
> What if I tape some FM radio station? What if I get a FM radio card
> and record to .ogg files? I don't really see why that would
> be illegal.
Time-shifting radios exist now. For your own listening, this is still
considered fair use I believe. Again, skipping advertisements is highly
questionable.
> Possession of ripped songs that one made can not be illegal unless
> tapes and VCR's are.
Right. As long as you have the origional media that you copied, you're
allowed to make "backups".
Going to Blockbuster and renting VCR tapes to copy or DVDs to rip into
DiV/X, now THAT is deemed illegal.
-- - Ian C. Blenke <icblenke@nks.net> (This message bound by the following: http://www.nks.net/email_disclaimer.html)
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