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quatrix
Premium
join:2005-02-11
Davie, FL
kudos:2

1 edit

I'm curious...

how many people who are "against" the RIAA, MPAA, government, authority, the law, etc. DON'T pirate. They're the only ones who'd have any credibility. The rest are like burglars complaining about the police cracking down on burglary.


baineschile
2600 ways to live
Premium
join:2008-05-10
Sterling Heights, MI

If I buy a DVD, do I have a right to digitally download it? If I own a CD, but want to put MP3s on my IPod, can I download them? Not all pirating should constitute immediate thoughts to stealing.


MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:4
Reviews:
·RoadRunner Cable

said by baineschile:

If I buy a DVD, do I have a right to digitally download it? If I own a CD, but want to put MP3s on my IPod, can I download them? Not all pirating should constitute immediate thoughts to stealing.
Unfortunately for your argument, the answer to both of your questions is "no" under the copyright law. Therefore, downloading an MP3 from Pirate Bay or wherever, when you own the CD, is in fact "stealing" or whatever word you want to use -- it is a copyright violation.

You may not agree with or like this, but it is a fact.

MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:4
Reviews:
·RoadRunner Cable

I should amend my statement. The correct answer to your questions is: "it's up to the copyright owner". However it is quite unusual for a copyright owner to give you the right to download a digital copy of a CD/DVD that you have purchased. So in most cases the answer is "no".


Sammer

join:2005-12-22
Canonsburg, PA

reply to baineschile

said by baineschile:

If I buy a DVD, do I have a right to digitally download it? If I own a CD, but want to put MP3s on my IPod, can I download them? Not all pirating should constitute immediate thoughts to stealing.
If the DVD or CD is encrypted (most DVDs are, most CDs aren't) you can't legally download them without permission under the DMCA. If their not encrypted and not used for distribution or commercial gain then IMHO you are in an area of unsettled law. AFAIK no record company has attempted to sue or prosecute anyone over putting a song from a CD they own on their own mp3 player for their own personal use. I doubt that any record company ever will because the defendant could make a compelling argument to the court that such personal use is a fair use exception of copyright law.


sivran
Back to Opera again
Premium
join:2003-09-15
Arlington, TX
kudos:1
Reviews:
·RoadRunner Cable

reply to MyDogHsFleas
It's not the download that's illegal, especially in the case of media you already own. If you already own a CD and want mp3s of it, then the only difference between ripping it yourself and grabbing a torrent is that with the torrent, you're also distributing it, which you almost never have a right to.
--
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon profitable cause...


MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:4
Reviews:
·RoadRunner Cable

reply to Sammer

said by Sammer:

If the DVD or CD is encrypted (most DVDs are, most CDs aren't) you can't legally download them without permission under the DMCA.
No, the DMCA prohibits the circumvention of the digital access control mechanism (in this case, encryption). The DMCA has nothing to do with downloading or uploading of digital copies. That falls under the Copyright Act.

If their not encrypted and not used for distribution or commercial gain then IMHO you are in an area of unsettled law.
Not at all. If a work is copyrighted, you are not allowed to copy it, except as the copyright owner allows via license. There are affirmative defenses to a charge of copyright infringement, such as Fair Use, but the law is clear. It has nothing to do with whether you intend to use it commercially or distribute it over the Internet, legally speaking.

AFAIK no record company has attempted to sue or prosecute anyone over putting a song from a CD they own on their own mp3 player for their own personal use.
Yes, they are OK with converting songs on a CD you bought to MP3 files for your player. Apps such as iTunes or Windows Media Player provide this "ripping" capability, which they would not if the owners objected.

I doubt that any record company ever will because the defendant could make a compelling argument to the court that such personal use is a fair use exception of copyright law.
No, it's not a "fair use" exception. Fair use does not allow wholesale copying of an entire work. Read the law and you'll see.


Goober
Premium
join:2000-12-17
Naperville, IL
kudos:4

2 edits

reply to sivran

said by sivran:

It's not the download that's illegal, especially in the case of media you already own.
Wrong. You may have a fair use defense for media you own, but it's not correct to say that it's not the download that's illegal.


TigerLord
Resident pentaxian
Premium,Mod
join:2002-06-09
Montreal
kudos:6

reply to quatrix
I don't pirate and I am strongly against these organizations.



Goober
Premium
join:2000-12-17
Naperville, IL
kudos:4

1 edit

I agree. I don't like the xxAAs either and I don't pirate. I just find their lack of imagination as to a viable business model that doesn't involve lawsuits pretty pathetic.



El Quintron
... a faint odor of kerosene
Premium
join:2008-04-28
Etobicoke, ON
kudos:2
Reviews:
·TekSavvy DSL
·voip.ms
·WIND Mobile
·TekSavvy Cable

reply to quatrix
Pirate or no, there are legitimate complaints against these organizations.

-They're hostile to innovation (against mashup culture, and hostile to P2P as a distribution format)

-Their lobbying prevents common culture from entering the public domain (ie: Happy Birthday)

-Using the government to make civil offenses into criminal ones, therefore criminalizing a large(r) portion of the population at large... Seriously does the US really need more prisons?

Whether you pirate or no, allowing corporations to make laws is bad for you and future generations.
--
Working to bring you closer to a Bell and Rogers free household.



yolarrydabomb

@direcpc.com

reply to baineschile
so your saying that I download ROM of Super Mario Bros 3 (which I already own) is stealing?


MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:4
Reviews:
·RoadRunner Cable

said by yolarrydabomb :

so your saying that I download ROM of Super Mario Bros 3 (which I already own) is stealing?
"Stealing" is a loaded word. Here's a factual statement:

If you download this ROM from a non-authorized source (i.e. a pirate torrent), you are violating the copyright on the game.

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