I should ask some of the people I work with about that, because I'm not
positive about it.  My recollection (which can vary based on time of day &
amount of chocolate consumed) is that either fair use guidelines or the DCMA
allow for creating a personal use backup - I don't recall the location of
that backup (MP3 vs. CD copy) being an issue; Sony dropped their CD copy
protection pretty quickly after some bad media attention.  Part of the
problem with fair use, of course, is determining what's "fair" and what's
"use".

 

Yes, DRM is just a load of giggles.

 

Mike Lax

 

From: [email protected] [mailto:[EMAIL PROTECTED] On Behalf Of Craig
Froehle
Sent: Wednesday, March 14, 2007 4:01 PM
To: [email protected]
Subject: Re: [Treo] No more internet radio?

 

On 3/14/07, Michael Lax <[EMAIL PROTECTED] <mailto:lzlong%40yahoo.com> >
wrote:
> Thus, copying a CD to your PC (not all of your
> friends) is okay. Copying that to your MP3 player is okay.

Michael, IANAL, but I'm fairly sure neither of those are considered
legal under "fair use" guidelines since the consumer is NOT merely
making a copy, but actually transforming the content into another
format. While making a duplicate CD would be considered "fair use"
(under the archival back-up provision), ripping the original CD to
MP3/WMA would not be. Furthermore, if the CD has any anti-duplication
technology at all, circumventing it automatically puts the consumer at
odds with the DMCA.

Or is there an authoritative reference that provides more accurate
interpretation of this situation? If so, I'd love to read it! :-)
- Craig 



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