File Trading Speakeasies? → Re: Am I missing something here?

"Technically speaking, recording a song off the radio is illegal. It's just not prosecuted because it would be too much of a pain for the RIAA to track you down. (Besides, most songs on the radio will either have the DJ talking at the beginning or end of the song, thus "ruining" it.)"

Technically speaking yer wrong. Look up the Home Recording Act.....clearly covered. Fair use defines you are allowed to have a piece of © material on yer pc for 24hrs. Are you aware that we pay 3% already to the recording industry when we purchase blank tapes and CD's? »www.law.duke.edu/journal ··· 023.html

AHRA 1992
37.This tax is paid by the manufacturers of digital media devices and distributed to the copyright owners whose music is presumably being copied.38

So I am sorry but in reality they are already making $ off us....you say it's not lending someone yer CD. Ummm explain the Public Library to me then. P2P is here to stay, and in this day and age you either conform or you crash. The RIAA is starting to crash. All you have to do is look at all the negative publicity they are getting. They had their chance to get in on it and they didn't. Now they shall go down in flames. All it's gonna take is some Senate hearings and the nations main ISP's to come together. It's already happening with Charter jumping into the fray. © law needs to change and go back to the way it was before the DCMA, where this would be considered fair use. I do think that if you download a CD and then attempt to sell it, then yes that is obviously illegal. That's the way the law WAS. In order to show © infringement, and piracy, the goods had to be resold! Counterfit! The Betamax precident which has all been ignored in all this will surely will come into play if any of this stuff makes it to the Supreme Court. Then it's dead...and the RIAA lies motionless. So inspite of us having to pay a added in 3% tax to blank media, you still think it's wrong? And if I go on Winmx and download a song I want cause my friend isn't home with the CD, that's wrong too? Fuzzy logic.

said by HotRodFoto:

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© law needs to change and go back to the way it was before the DCMA, where this would be considered fair use. I do think that if you download a CD and then attempt to sell it, then yes that is obviously illegal. That's the way the law WAS. In order to show © infringement, and piracy, the goods had to be resold! Counterfit!

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Please explain to me how the DMCA in any way changed what is considered fair use.

said by joebear29:

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Please explain to me how the DMCA in any way changed what is considered fair use.

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It made the RIAA bigger jerks, and that's not fair.

said by HotRodFoto:

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Fair use defines you are allowed to have a piece of © material on yer pc for 24hrs

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Anyone who quotes that 24 hour myth obviously doesn't know what they're talking about.

Here's the law: »www.copyright.gov/title1 ··· html#107 . Note the complete lack of any mention of "PC" or "24 hours."
[text was edited by author 2003-10-07 12:54:38]

It changed © as a whole...and also piracy. Before good had to be sold (counterfitted) now you just have to give yer close friend a CD of burned MP3s that u downloaded and that's illegal. If no profit is made (resold) it should then be fair use. I don;t see some 10 year old kid hawking burned NSYNC CD's on a corner. It is laws like this that make recording off the radio & making a copy of a cd for a friend LEGAL and sharing music online illegal.. Crazy laws....real crazy.

said by HotRodFoto:

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It changed © as a whole...and also piracy. Before good had to be sold (counterfitted) now you just have to give yer close friend a CD of burned MP3s that u downloaded and that's illegal. If no profit is made (resold) it should then be fair use. I don;t see some 10 year old kid hawking burned NSYNC CD's on a corner. It is laws like this that make recording off the radio & making a copy of a cd for a friend LEGAL and sharing music online illegal.. Crazy laws....real crazy.

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Here is a link to the DMCA:

»www.loc.gov/copyright/le ··· dmca.pdf

In case that is too much to read, here is a link to a summary:

»www.gseis.ucla.edu/iclp/ ··· mca1.htm

Please note the DMCA states:

"[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..."

So tell me, where does the DMCA affect what is considered fair use? I've provided the act, please point out the section I need to look at.

said by HotRodFoto:

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It changed © as a whole...and also piracy. Before good had to be sold (counterfitted) now you just have to give yer close friend a CD of burned MP3s that u downloaded and that's illegal. If no profit is made (resold) it should then be fair use. I don;t see some 10 year old kid hawking burned NSYNC CD's on a corner. It is laws like this that make recording off the radio & making a copy of a cd for a friend LEGAL and sharing music online illegal.. Crazy laws....real crazy.

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I'm no fan of the DMCA, but copying a CD and giving the copy to a friend is by no means fair use. Never was and never will be. Before CD burners and pre-DMCA, home taping existed. People would run off tape copies for friends. This activity was just as illegal as CD copying for friends is now. (Of course, prosecution was rare because it's tough to track down.)

Case in point...read this »www.holysmoke.org/cos/fa ··· oyed.htm
Remember it is how the law is used, not just how it is written. Let us also not forget the whole process in how the RIAA is issuing the subpoenas.
jason I stand corrected in the above statement....we need a law that is similar to what Canada has where it DOES make it legal!
[text was edited by author 2003-10-07 19:13:24]