View Single Post
  #28   Report Post  
Arny Krueger
 
Posts: n/a
Default Which CD Recorder?

"Carl Valle" wrote in message
m
"Arny Krueger" wrote in message
...
"Carl Valle" wrote in message

"Arny Krueger" wrote in message
...
"Carl Valle" wrote in message
m

I do know what I am talking about. Please quote the copyright law
that allows making computer copies of copyright protected
materials. Or cite the precedent you seem to think allows such
activity.

That would be a negative hypothesis, that there is no law against
using a PC to make backup copies of CDs you own, for your own use.

Carl, you've made the claim that is illegal. That means that there
is a published law someplace that prohibits this. That's a positive
hypothesis. I leave it to you to prove your own positive hypothesis
with actual quotes from specific laws.


Okay
for starters here is the piece of the original CFR


Copyright Law of the United States of America
and Related Laws Contained in Title 17 of the United States Code

§ 106. Exclusive rights in copyrighted works36
Subject to sections 107 through 122, the owner of copyright under
this title has the exclusive rights to do and to authorize any of
the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by rental,
lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works,
to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work
publicly by means of a digital audio transmission.


That's all fine and good Carl, but it doesn't justify your claim that
copying with a stand-alone CD player is legal, but doing essentially
the same thing with a PC is always illegal. The logical conclusion
based on these items is that all copying is illegal.



Look at the DHRA "Digital Home Recording Act." As a ploy to get
consumer elect. mfrs. to build in SCMS (Serial Copy Management
System) into their products and to get a royalty payment for
recorders and blank media, a compromise measure was enacted that
sheilds consumers from liabilities when recording with the SCMS gear
using royalty taxed media. It is still not legal, and giving away
said recordings, selling them, or using the machines and media to
record material not obtained leagally by the recordist is not given
this protection. General purpose devices such as computers are
specifically mentioned as falling outside the protection.

Then look at the new DMCA "Digital Millenium Copyright Act." This act
criminalizes the intentional bypassing of copy protection schemes
such as those used to set the copy inhibit flag on SCMS as well as
other schemes. Copying audio material with a computer does violate
the copy protection scheme. The fines are quite high and even prison
sentences can be involved. It is a federal felony to defeat copy
protection of copyrighted materials under this act.

This act is the one the RIAA is using right now to gain access to ISP
account information and bring suit on thousands of MP3 file sharers.
And they are being freighteningly successful.


Carl, you seem to have forgotten about the requirement that prove your own
positive hypothesis
with actual quotes from specific laws.