Quote:
Originally Posted by Cretaceous Bob
I am quoting this for irony. I cannot find any evidence that ripping a CD to an iPod is illegal in the US (despite yoav's REPEATED claims that it is so). In fact, here is a statement from a representative for MGM Studios in a Supreme Court case against a file-sharing client: "The record companies, my clients, have said, for some time now, and it's been on their Website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod. There is a very, very significant lawful commercial use for that device, going forward."
I cannot even find an example of the RIAA suing anyone over ripping a CD.
Looks like you need a little background before you argue something you know little about, yoav.
Also, I will provide evidence for the claims I have made about yoav inadvertently admitting that he believes in ownership of art:
Straight from yoav's mouth.
Are you wrong, yoav?
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first of all thanks for finally answering my questions.
i merely mentioned that dzagama also wanted you to answer the questions, i'm not sure why you felt the need to clarify his position on the issue as a whole.
you keep saying i admit to ownership of art and showing you don't understand what i'm saying. i believe in the artist's
intent, i have not said i believe in ownership of art, you quoted a text saying i believe 'theft is taking something someone else owns' that's not the same thing at all. i went on to explain how no one should own art. you should really read the rest of that post. a misquote.
i've also argued that the current system does not deal in 'owning art' it deals in owning the copyrights(the artist/record label), or owning a copy(the consumer).
another complete misquote.
as far as us law making goes, sometimes things are passed into law without it being the outcome of a court case bob.
Quote:
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The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as Digital Rights Management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself.
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link to the Digital Millennium Copyright Act (Enrolled as Agreed to or Passed by Both House and Senate):
Search Results - THOMAS (Library of Congress)
i suggest you view the 'printer friendly display' as some of the links to subsections don't work. while the dmca itself does not explicitly talk about digital copies relating to cd to ipod copying it makes numerous mentions and states that it does not overpower sections 109 and 117 title 17 of us copyright code. which is summarized below.
the following is from the US Copyright office
U.S. Copyright Office - Copyright and Digital Files
Quote:
Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the Copyright Act. Although the precise term used under section 117 is “archival” copy, not “backup” copy, these terms today are used interchangeably. This privilege extends only to computer programs and not to other types of works. Under section 117, you or someone you authorize may make a copy of an original computer program if:
- the new copy is being made for archival (i.e., backup) purposes only;
- you are the legal owner of the copy; and
- any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.
You are not permitted under section 117 to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).
It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. There is no other provision in the Copyright Act that specifically authorizes the making of backup copies of works other than computer programs even if those works are distributed as digital copies.
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it turns out you're right that i misunderstood the one backup rule, it only pertains to software 'essential to run or activate the computer', not music, movies, ms word, etc. you're not allowed to make
any copies of
any other media or software in the states. not even for backup purposes, without the explicit consent of the copyright holder.
notice they say 'such as software or any media downloaded and stored on a hard drive' this applies to things you've paid for and own a copy of. it includes cds, records and any storage medium, as well as any means of acquiring said copies.
the only way in the current system that it would be legal to rip a cd to your ipod, is if that right is written on the cd you purchased.
as far as your quote goes, i believe it was taken from a case where MGM lost against kazaa, and you've misinterpreted what they're saying, they're referring to using the ipod as a backup device not as another means of listening to your music without paying for a digital copy to listen to. which as i just pointed out above is not in line with current us law. furthermore the quote you made was merely the closing remarks of MGM and would have no grounds or impact on the law whether they'd won or lost the case. nor can it be considered legal consent to make copies of cds MGM releases.