On the subject of FM radio vs. Napster: one obvious difference between
recording from FM to MD and recording from Napster to MD is that you don't
usually get the opportunity to burn an entire CD from an FM broadcast. The
most important difference legally, as I think has been pointed out, is that
the owner of the copyright in the material has consented to the broadcast of
the material via FM radio (for $$$, that's how it works after all), but has
not consented to dissemination of their intellectual property via Napster.
BTW, as a bystander to this conversation, and as a lawyer, I think it's very
important not to mix up what's legal with what's moral - the two don't
necessarily coincide.
Dan Frakes is just stating the legal position, pretty accurately as far as I
can see. Downloading stuff (old, new, available, unavailable) you don't
already "own" [are licensed to use] legally is illegal. Even subsequently
going out and buying the CD doesn't make it legal either,although it may
well ease your conscience! Whether you personally think it's right or wrong
is up to you.
There seems to be a movement to blacken the recording industry or the
artists themselves (!) ("lower even than lawyers" I think somebody said!) or
appeal to the freedom of the internet as an absolute good in an attempt to
legitimise one's own brand of copyright infringement - to me the argument is
more about personal values.
Having said that, I can't help but think that the recording industry is
being reactive rather than pro-active. They can't sue every individual
consumer who's ever infringed copyright, and it's these people (us?) that
are the problem. The trend is towards more choice and convenience - I
wonder how long it will take for the recording industry will try to exploit
this trend, rather than fight it.
richard
Richard Lang
Solicitor
Duncan Cotterill
Christchurch, New Zealand
email: [EMAIL PROTECTED]
tel: (++64)-3-379-2430 fax: (++64)-3-379-7097
htttp://www.duncancotterill.com
-----Original Message-----
From: jgvp [mailto:[EMAIL PROTECTED]]
Sent: Saturday, 29 July 2000 4:36 a.m.
To: [EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject: Re: MD: Napster viewpoint
Will someone please explain to the recording industry the difference between
my being able to record the same artist's performance from an FM Tuner to MD
compared to recording it from Napster to MD ? Either way there is now no
additional cost to me after purchasing all the necessary not inexpensive
equipment, nor should there be.
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