Re: [SLUG] music without guilt

From: Steven Buehler (swbuehler@yahoo.com)
Date: Tue Jul 29 2003 - 12:05:24 EDT


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- --- Dylan William Hardison <dylanwh@tampabay.rr.com> wrote:
> 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.

Technically, doing the above (ripping and not sharing) is actually
just as illegal; however, it's never enforced because the RIAA
doesn't want to deal with the massive consumer backlash that would
result. The RIAA has no way to trace that kind of usage, anyway.

Part of the what you pay for blank cassettes and *music* CD-Rs goes
to the industry (ever wonder why music CD-Rs cost more than 'data'
ones even though they're essentially the same?) for the above reason.

> 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?
> 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.

There was a HUGE brouhaha with the industry when video formats came
out, for fear of consumers performing mass violation of copyrights by
taping movies and programs; ultimately they backed off. The same
kind of issue rose with the advent of TiVO and video-recording hard
disks and DVD recorders (why? because you could skip commercials!)

All of the above is technically illegal, but they're not going to go
after copying media that you've legitimately purchased for your own
personal use for fear of a massive consumer backlash.

The FM stations have paid a license fee to the industry for the
rights to play music on their stations, something that the
shoutcasters and the like are also being forced to do (some major
players have folded becuase of the retroactive licensing fees). If
you're going to copy for your own personal use, they don't care---an
FM station is typically not going to have the same quality of sound
as a purchased CD, and many songs are edited for radio airplay anyway
(unless you'd really like to hear all seventeen minutes of
'In-A-Gadda-Da-Vida').

SWB

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=====

Steven W. Buehler | swbuehler@yahoo.com
Web Site: http://www.sanctuaryweb.org
Music Site: http://www.mp3.com/renaitre

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