If the RIA sues you for downloading music, but you already OWN that music, does the suit have merit?
RIAA
- Thread starter M0NEYSH0T
- Start date
You don't own the music. If you have a $20 bill, and steal another from someone, is that legal?
And it's RIAA :beer:
And it's RIAA :beer:
SociallyChallenged
Elite
- Mar 22, 2002
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Technically, you don't own the music, but you own the right to use and listen to that music. If you have the CD in your possession, I'd say there's a argument that you simply downloaded the music to make a copy for your own use. The person who allowed you to download it might have a problem if they don't have a legitimate copy of the music, though.
::shrug::
I'm not sure of the definite answer here, though.
I don't think this has ever come up for trial. Either people have settled for like $3,000 or they have not answered the lawsuit. I'm really hoping someone with some cash will go after these nazi's...
Yeah, I don't think we OWN the music anyway, rather, the license. So who cares where you get your copy of that music from?
Originally posted by: SociallyChallenged
If you already own it, why not just rip it onto your computer? It's faster than Kazaa too.
Bingo!
Fingolfin269
Lifer
- Feb 28, 2003
- 17,948
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Just because you buy a cd doesn't give you entitlement to have that music in another form. It doesn't entitle you to go into a record shop and get the record for free, the 8 track, the tape, etc. The same can be said for mp3's. If they want you to have the music in mp3 form then the studio would sell you the music in mp3 form.
Do I think that's right? No. But, that's their argument and it actually makes sense.
And no I don't think file sharing is the reason the music business isn't making as much money.
Do I think that's right? No. But, that's their argument and it actually makes sense.
And no I don't think file sharing is the reason the music business isn't making as much money.
Originally posted by: wkabel23
Originally posted by: SociallyChallenged
If you already own it, why not just rip it onto your computer? It's faster than Kazaa too.
Bingo!
Oh, I dunno, you're on the road and you want to listen to some tunes...
Does anyone know if you purchase music from ITUNES, do you have unlimited download ability over that track?
No, that argument does not make sense. A person who purchases an album should be able to do whatever they want with it (modifying/transferring from one media to another/etc). Saying otherwise is like saying you can't put different wheels on your car because GM said so.
Fingolfin269
Lifer
- Feb 28, 2003
- 17,948
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So you're saying that since you purchased the music on a record that you should be entitled to a CD and a tape as well? The MUSIC is not yours but the MEDIUM is. Hell, if you were entitled to do whatever you wanted with the music then what's to stop you from just buying a copy and then freely distributing it to the world without... oh, wait, nevermind..
yukichigai
Diamond Member
- Apr 23, 2003
- 6,404
- 0
- 76
It is legal to make copies of your CDs/CD tracks for your own personal use. There is no limit on the format they can be in. (EDIT: this is why you can make compilation CDs/tapes, or backup your CDs to a compressed audio format.)
As long as the mp3 you downloaded was the same version of the song as the one on your CD they can't get you for that. Technically it counts as procuring a backup copy. It's this exemption that makes it legal for me to have all my Bloodhound Gang mp3s on my computer even though some f%$#head stole the CDs from my car.
SP33Demon
Lifer
- Jun 22, 2001
- 27,928
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Yes, I thought there was a law that allows you to make a backup copy?
Someone else also mentioned that you should just "rip it". Not so fast man, I can't even PLAY some Cd's on my computer let alone rip them, due to copy protection (Yellowcard CD was the latest). I can see it now... the record companies can say you're lying about making backups b/c it was impossible to rip music from them.
Someone else also mentioned that you should just "rip it". Not so fast man, I can't even PLAY some Cd's on my computer let alone rip them, due to copy protection (Yellowcard CD was the latest). I can see it now... the record companies can say you're lying about making backups b/c it was impossible to rip music from them.
SociallyChallenged
Elite
- Mar 22, 2002
- 10,483
- 32
- 81
If you can barely play them, you need a new CD player. Also, those protection things on the CDs are easily surpassed, and sometimes passed automatically.
Yes, you're allowed to make one backup copy, but you're not allowed to give away that copy and if you give away the original media, you must either destroy the copy or give the backup copy to whomever you give the original media away to.
yukichigai
Diamond Member
- Apr 23, 2003
- 6,404
- 0
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Then you can argue you did an analog rip. Or disabled CD autoplay. (which is the latest work-around) Or wrote on the edge of the CD with a Sharpie.
Fingolfin269
Lifer
- Feb 28, 2003
- 17,948
- 34
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If this is the 'new' fact then I'll gladly withdraw my statement. I had no idea that I was allowed to own music in any form once I purchased it on a single media format. Is this in writing somewhere?
And no, I'm not saying that I never d/l songs or make compilation discs or anything.
way, wayyyy off target there....
There is a universe of difference between saying "I bought the cd so it should be provided to me in any other format free of charge" and saying "I purchased the CD, therefore I have the right to translate it into any other medium for my own personal use"....
The first is nonsense because your saying the record company owes you the same songs in whatever format you desire. The second is saying that just because you bought it on a CD, the medium is not what you purchased, the content is, so you should be allowed to take that content, since thats what you paid for, the CD is just the method of transport, and put it into any other form of transport so long as the method of transport isn't braodcast/public.
This is a big part of fair-use. And equating music to "CD's" is just wrong....the only reason CD's exist is because you can't transport the content otherwise. Its physical form is meaningless, if the standard method of packaging music was an iPod then you wouldnt be buying an iPod, you would be buying the music. The iPod itself is just overhead cost in the process of getting the music from them to you. That being said I kinda look forward to the day when we can buy albums on solid-state media (like SD cards)....no scratching or stupid crap like that, and smaller.
In that case, your answer would be "I had no choice but to download the MP3's from the network because the redcording label put unfair restrictions on my fair-use rights. I had no choice. In order to make the back-ups that I am entitled to as part of our agreement I was left with no alternative but to find them online."
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