Forum - View topicIllegal or not?
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necrokorn
 Posts: 6 |
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I have a music cd and well its not in good shape, its cracked almost all the way but last time i played it it still worked.
the thing i want to know is if it would be illegal to download the cd if i have it already? btw i dont wanna copy it to my harddrive cus its cracked so bad i think it might shatter if i play it again |
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LuckySleven
 Posts: 426 Location: Refer to page 2 |
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Yes it is illegal and sadly enough I suggest that you will have to buy another copy of that music CD. And if you do decide to by another copy then I strongly suggest that you take better care of it.
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necrokorn
Posts: 6 |
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o well  thanks for reply and btw i took very good care of it but it got a crack in the middle that kept geting bigger 
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DragonsRevenge
 Posts: 1150 |
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They say it's ok if you already own it. I figure if they got your money for the product already, it doesnt matter. It's kinda like burning a back-up copy.
If it were me though, I'd buy another copy just because I prefer to have the real product as opposed to a CD-R or MP3's anyway. |
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daxomni
 Posts: 2650 Location: Somewhere else. |
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I think it's technically illegal, but so what, just download it and keep the old disc around in case you're hauled off to court.
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jgreen
 Posts: 1325 Location: St. Louis, MO |
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If it were me, I'd just rip the CD onto my computer while it's still playable and burn a copy. I mean, you already have the liner notes and case and all that jazz, I see no point in paying for all of it again.
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darksideoftheanime
 Posts: 155 |
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You would think it would be legal since you already own the CD, but I guess lawmakers have a different idea. I don’t recommend you go against the law ($250,000 is a lot of money), but in all honesty the RIAA would probably have an easier time convicting someone who downloads 4,000 songs off P2P sites then someone who downloads 15 songs and already owns the CD (but anything is possible with the RIAA).
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fighterholic
Posts: 9193 |
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There is nothing wrong with making an extra copy of the CD and keeping it around, so as long as you're not making 50 copies and just handing it off to friends or selling it, because then you're pirating the material.
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pat_payne
Posts: 179 |
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In fact, according to the law, IIRC, it is legal to make one backup copy of any media you own. Back in the days of VHS tapes, the RIAA and MPAA actually cooperated with Memorex, et. al to add a small invisible surcharge on all recording media to cover the cost of people making recordings of albums, IIRC. |
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d.yaro
Posts: 528 |
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Question: Wouldn't owning a backup copy constitute "fair use" (or something like that) under normal circumstances? I'm saying "under normal circumstances" here because we're dealing with a case where the original purchased media is no longer playable and I suspect that condition is an exception to the "fair use" argument. Just wondering...
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Fallout2man
Posts: 275 Location: San Diego, CA |
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Making a backup copy of physical media directly onto physical media is definitely considered fair use...UNLESS the thing you're copying has access-controls put on it to prevent copying. In that case, even though it is fair use to make a backup, the Digital Millennium Copyright act supercedes all types of fair use except those explicitly specified in DMCA revisions (right now it's mostly just converting e-books so the blind can have them read to them via text to speech.) Now, copying your CD onto your computer as mp3s is a bit different. space-shifting has had some cases won for and against in the USA and it's still a grey area. it may be considered permissible but it hasn't had a precedent firmly established in the legal system yet so that means it still needs more trials. You'd probably never get sued yourself but legally it's officially in a grey spot. |
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Meson
Posts: 219 Location: Buffalo, NY |
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It depends on what you do with theh files once on your computer. The DMCA allows recordings, provided it does not break the copy mechanism (ie. you can copy the sound as the CD plays, but not directly transfer the cda files). This is provided that you don't allow any one else have access to your copies.
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Eruanna
 Posts: 451 Location: Canada |
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I would just rip it. If that didn't work, then I would download it.
Actually I probably would re purchase it myself, just because I personally like having the actually product instead of mp3's on my computer. But I really dont see any moral objections to dowloading it when you already own it. Legal objections, yeah, but.... aw heck, nobody really cares. The people they are trying to crack down on are the ones who are causing real problems. Thats not you. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10463 Location: Do not message me for support. |
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Technically illegal, but in no way immoral. I'd say go ahead and download a copy. Just don't share the download with anyone. -t |
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Hydrith
 Posts: 7 Location: Anchorage, AK USA |
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Don't even risk it. It's been in the news alot lately about how the RIAA has been suing LOTS of people lately for having downloaded music on their computers. As I recall, a woman in Minnesota recently got sued over $120,000 for having 140 songs on her computer. It isn't worth the risk. If you want to download music, make sure it isn't copyrighted in the US or covered by the RIAA. You might just find your way into court if you do. |
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