said by »arstechnica.com/news.ars/post/20···190.html :The real kicker is buried in a footnote, where the joint reply suggests the unthinkable: that making copies of CDs for any purpose may, in fact, be infringement.
Nor does the fact that permission to make a copy in particular circumstances is often or even "routinely" granted, see C6 at 8, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright holders in the Grokster case, is simply a statement about authorization, not about fair use.
Allow me to translate: just because people have been copying CDs in the past doesn't mean that that they had the
authorization to do so, and a general trend does not override such explicit authorization.
So, according to that statement, you're infringing their copyright.