----- Original Message -----
From: Seth <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Monday, December 27, 1999 5:56 AM
Subject: MD: It's that time again (the AHRA and copying)


>      Have any of you bothered to read the American
> Home Recording Act of 1976 and it's 1992 Ammendment

Which is AMERICAN and therefor only applicable in America, not any of the
rest of the world. I know some people may think America IS the whole world,
but trust me, it isn't.

> "No action may be brought under this title alleging
> infringement of copyright based on the manufacture,
> importation, or distribution of a digital audio
> recording device, a digital audio recording medium, an
> analog recording device, or an analog recording
> medium, or based on the noncommercial use by a
> consumer of such a device or medium for making digital
> musical recordings or analog musical recordings."

This just says you can't sue people for supplying equipment which can be
used to infringe copyright. It does not say you are allowed to breach
copyright at all.

It says that if I were Richer Sounds for example, and I sell you an MD
recorder, nobody can sue me if you then go and copy somebody elses CD with
it. It does NOT say you can breach copyright and get away with it.


> However what it does say is that you can't be
> prosecuted (no action may be brought against...).

No, it says the supplier or manufacturer of the equipment can't be, you
still can!!

Please read http://www4.law.cornell.edu/uscode/17/106.html

You will notice that the rights to copy any copyrighted work are EXCLUSIVE
to the copyright owner, and since you do NOT own the copyright, you are
breaching that copyright, and therefor breaking the law.

As you say, the law is quite simple in this area, but you still seem to be
having difficulty. I suggest you read the *whole* document and not just the
section you think may excuse you from breaching copyright. I know people in
the US who have sued for breach of copyright, and quoting what you just
quoted there didn't help them one bit. When read in context the passage you
quoted has no relevance to you breaching copyright at all, all it does is
protect the manufacturer and supplier from prosecution via your actions.



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