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Friday April 1, 2005 4:15 pm
How To Copy Music Legally
CNet has posted a good read on what you can and cannot legally do with the music that you purchase online or in-store. It was surprising to me that if you want to back up to cassettes, the Audio Home Recording Act (AHRA) of 1992 makes an explicit exemption for cassette backups. But it doesn’t apply to backing up your collection to a computer. Which means, if you rip your collection to your computer and then upload to any of the various portable music players or backup to a CD you are performing an illegal copyright act. This is under the strictest interpretation of U.S. copyright law. There are exceptions such as iTunes, which encourages you to make as many custom CDs as you’d like - as long as the playlist changes.
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Comments:
the whole article seems to suffer from the mistaken belief that law is fixed in time, and every provision of every new intellectual property law has already been approved by every relevant court.
This simply isn’t how law works. As long as there’s a disagreement, and cases going to court, there’s still a chance that any particular provision will be overthrown, and an even larger chance that a more sensible, more mainstream court in the future will overthrow even more of them.
Until then, the law is up for grabs. Currently the “law” is more like asking who is winning a war than like asking where the internationally recognized boundaries of a country are.
Intellectual property is a new concept legally (copyright, trademark, and patent law were all written with the assumption that intellectual property did not exist, and for the public good, certain “property-like” rights would be temporarily granted to the creators)
There’s no guarantee that “intellectual property” will stick as a concept, as some of the conflicting concepts we will have to give up in order to implement intellectual property are “life, liberty, and the pursuit of happiness”, “free speech”, “culture (which is merely a collection of IP owned by the general public”, and “property”.
The current law in practice is a combination of what you can get away with, what you are willing to fight for, and what you are willing to stand up for even if you lose.
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Oh please, I have all the music I ever wanted on my 20GB jukebox, and its always in my pocket. There is nothing on my computer or in my house that anyone case use against me. SUCKERS!!!!!!
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“But it doesn’t apply to backing up your collection to a computer.”
Possibly because, oh gee, I don’t know, it was nearly impossible for a consumer to rip a CD or cassette to a computer in 1991/92 when the law was written? Even assuming there was sufficient storage space, which wouldn’t be a very logical assumption given the average hard drive capacities of the time, you would still need some way of getting audio into the computer, which for the average consumer at that time really didn’t exist.
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