Hi,

there is fair use, but the digital molenium copyright act prohibits breaking encryption on files. This has been one of the complaints of people for ages that they can't make a personal backup of say a dvd for thier own use because it violates the DMCA.
Rick
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----- Original Message ----- From: "Adrian Spratt" <adr...@adrianspratt.com>
To: "PC Audio Discussion List" <pc-audio@pc-audio.org>
Sent: Wednesday, March 25, 2009 10:46 AM
Subject: Re: converting Audible files to other formats


Bruce,

This is an intelligent but very literal reading. I don't know about Canada, but in the US, copyright law has a fair use exception. There is really nothing to stop an individual from making copies or otherwise using products they own for their own purposes. I assume the manufacturer's purpose behind the provision you quote is to discourage dissemination of these materials. But if individuals don't have that intention, I doubt the manufacturer would have any reason to care. Correct me if I'm overlooking something. All that said, I share your concern that we all respect copyrighted materials and use them only for ourselves and maybe a friend or two.
----- Original Message -----
From: "Bruce Toews" <br...@ogts.net>
To: "PC Audio Discussion List" <pc-audio@pc-audio.org>
Sent: Wednesday, March 25, 2009 7:53 AM
Subject: Re: converting Audible files to other formats

It says you shall not modify or disassemble the content.

Bruce

On Wed, 25 Mar 2009, Christopher Chaltain wrote:

I'm not sure this is true. I may not be able to interpret all of the legal jargon, but I think Audible's terms and conditions plus "fair use" in the US would allow you to convert Audible books into another format for your own personal use.

Audible's terms and conditions at
http://www.audible.com/adbl/faqs/terms.jsp?BV_UseBVCookie=Yes say the
following:

6. Grants of Licenses

a. Audible Content License. When you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Audible Content from the Audible Service, Audible grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Audible Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Audible Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Audible Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Audible Content or attempt to do so; or (B) modify the Audible Content or create any derivative works therefrom. This license to the Audible Content you Purchase will continue for as long as your copy of Audible Content exists pursuant to and in accordance with the terms and conditions of this Agreement.

In doing some searching on the web, there are quite a few sites that say converting Audible books to MP3 is legal in the US under "fair use" while others say that Audible's terms and conditions preclude doing this. I'm not sure that I've seen anything definitive on either side though. A lot of people say it's illegal without quoting any laws or T&C's, while others say it can't be illegal due to "fair use", but I'm not sure they understand "fair use" or not. For my part, I would think it is legal to convert and Audible file to MP3, but I would not give this MP3 file to anyone or place it anywhere where anyone else to get to it. If you do this, I doubt a law enforcement agency here in the US would go after you.

Bruce Toews wrote: It can't be legally done. The terms of service to which you agreed prohibit it.

Bruce

On Tue, 24 Mar 2009, Sylvia wrote:

Hi list, I recently joined Audible, and I wanted to find out if there are any programs that will allow you to convert Audible files to the mp3 format. Thanks in advance for any suggestions. Sylvia.

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