iPod question

CT Saints Fan · 10-26-2006, 11:56 AM

What's the legality of taking CDs you already own and trasnfering them to your iPod? Is it the same as recording albums in the old days onto cassette tape?

St. Widge · 10-26-2006, 11:59 AM

It's legal. Under copyright law you can put something in any form you want so that you can use it in another location. Essentially once you own it you can record it or transfer it wherever you want for your own personal use. The problem comes when you give it or sell it to someone else.

theSpaniard · 10-26-2006, 12:22 PM

Quote:

Originally Posted by St. Widge

It's legal. Under copyright law you can put something in any form you want so that you can use it in another location. Essentially once you own it you can record it or transfer it wherever you want for your own personal use. The problem comes when you give it or sell it to someone else.

Even sharing it is ok if you bought the cd im pretty sure...

Sandman · 10-26-2006, 12:55 PM

Quote:

Originally Posted by theSpaniard

Even sharing it is ok if you bought the cd im pretty sure...

No it's not.

theSpaniard · 10-26-2006, 01:05 PM

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Originally Posted by Sandman

No it's not.

I'm fairly sure it is. If you have the CD and you rip them to mp3's and share them, the responsibility lies with the downloader as to whether or not he/she has a right to download them. If the downloader also owns the CD, then they have a legal right to download them.

Sandman · 10-26-2006, 01:20 PM

Quote:

Originally Posted by theSpaniard

I'm fairly sure it is. If you have the CD and you rip them to mp3's and share them, the responsibility lies with the downloader as to whether or not he/she has a right to download them. If the downloader also owns the CD, then they have a legal right to download them.

Nope. You may be thinking of a case where the people that had music copied from their computer through a P2P server were not held liable for copyright violations. In that case the court held that there was "no evidence" that they intended to distribute or authorized others to copy the files that they were not authorized to copy. The only evidence that was presented was that they put the files in a "shared" folder that could be accessed by the P2P server. The court held that alone is not enough to show an intent to distribute them illegally. It did not hold that it is okay to distribute them.

Waymer · 10-26-2006, 01:30 PM

Sandman, you sound like a lawyer or something.

CT Saints Fan · 10-26-2006, 01:39 PM

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Originally Posted by Waymer

Sandman, you sound like a lawyer or something.

He's been putting criminals behind bars for years.

theSpaniard · 10-26-2006, 01:54 PM

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Originally Posted by Sandman

Nope. You may be thinking of a case where the people that had music copied from their computer through a P2P server were not held liable for copyright violations. In that case the court held that there was "no evidence" that they intended to distribute or authorized others to copy the files that they were not authorized to copy. The only evidence that was presented was that they put the files in a "shared" folder that could be accessed by the P2P server. The court held that alone is not enough to show an intent to distribute them illegally. It did not hold that it is okay to distribute them.

This part:
>>The court held that alone is not enough to show an intent to distribute them illegally.

Is there any 'legal' way for a person to distribute them? It seems like there should be *some* way, since the person did buy the CD and has some rights to the enclosed material.

The P2P situation you speak of seems to be a loophole, but really just about every file sharing app out there is P2P these days. Perhaps it is for this reason.

CT Saints Fan · 10-26-2006, 02:00 PM

Quote:

Originally Posted by theSpaniard

This part:
>>The court held that alone is not enough to show an intent to distribute them illegally.

Is there any 'legal' way for a person to distribute them? It seems like there should be *some* way, since the person did buy the CD and has some rights to the enclosed material.

The P2P situation you speak of seems to be a loophole, but really just about every file sharing app out there is P2P these days. Perhaps it is for this reason.

I'm not a lawyer, though I do know one on TV - and several online. Yes, buying a CD does grant some rights to the enclosed material. Namely, the right to listen to that music. It doesn NOT grant the right to share the enclosed material.

theSpaniard · 10-26-2006, 02:09 PM

Quote:

Originally Posted by CT Saints Fan

I'm not a lawyer, though I do know one on TV - and several online. Yes, buying a CD does grant some rights to the enclosed material. Namely, the right to listen to that music. It doesn NOT grant the right to share the enclosed material.

I think it is still somewhat of a gray area. If you buy a book, and thus the intellectual material inside, you are within your rights to loan that book to someone to read or even give it to someone. This is sharing in its' simplist form. Same goes for CDs. Since you are allowed to translate the music to whatever medium you want, it seems to follow that the same should apply to mp3s.

I'm not advocating for one side or the other, I'm just pointing out how complicated the issue can get.

CT Saints Fan · 10-26-2006, 02:14 PM

Quote:

Originally Posted by theSpaniard

I think it is still somewhat of a gray area. If you buy a book, and thus the intellectual material inside, you are within your rights to loan that book to someone to read or even give it to someone. This is sharing in its' simplist form. Same goes for CDs. Since you are allowed to translate the music to whatever medium you want, it seems to follow that the same should apply to mp3s.

I'm not advocating for one side or the other, I'm just pointing out how complicated the issue can get.

No difference in law. But your examples are apples & oranges. You are also free to give your CD to someone else, just as you are free to give your bood to someone else, as in your example. You are NOT free to photocopy the entire book and give that copy to someone else, just as you are NOT free to copy the CD and give that copy to someone else.

Now I have to stop here before the lawyers all come calling trying to recruit me.

Sandman · 10-26-2006, 02:41 PM

Quote:

Originally Posted by theSpaniard

I think it is still somewhat of a gray area. If you buy a book, and thus the intellectual material inside, you are within your rights to loan that book to someone to read or even give it to someone. This is sharing in its' simplist form. Same goes for CDs. Since you are allowed to translate the music to whatever medium you want, it seems to follow that the same should apply to mp3s.

I'm not advocating for one side or the other, I'm just pointing out how complicated the issue can get.

All of these songs are protected by copyright. As CT said, you cannot copy a song and give a copy to someone else. Purchasing the CD gives you the right to use it for your personal use, not to copy and distribute it. You can give a CD to purchased to someone else and they can use it for themselves, but you cannot keep a copy for yourself if you give it away.

The only "legal" way for someone to share the files P2P is to delete the file (and any copies thereof) off of your computer once it has been shared, but let's be real, that will never happen. But, just because it is being done, doesn't make it legal.

theSpaniard · 10-26-2006, 02:52 PM

Quote:

Originally Posted by Sandman

The only "legal" way for someone to share the files P2P is to delete the file (and any copies thereof) off of your computer once it has been shared, but let's be real, that will never happen. But, just because it is being done, doesn't make it legal.

Agreed.

Although I don't understand why it would not be legal for someone who owns the CD to share the mp3s with someone else who also owned the CD. It seems that both have the right to have personal copies of the songs, no matter how they are acquired.

Sandman · 10-26-2006, 02:56 PM

Quote:

Originally Posted by theSpaniard

Agreed.

Although I don't understand why it would not be legal for someone who owns the CD to share the mp3s with someone else who also owned the CD. It seems that both have the right to have personal copies of the songs, no matter how they are acquired.

If they both own the CD, I don't see the problem with that. They both should be able to put into mp3 format easily enough, but if you both own the CD you really aren't taking anything. The problem you have out on the P2P servers is that people are downloading a lot of songs that they do not own.