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09-21-2008, 02:44 PM
| | Senior Member
My Mood: | | Join Date: Nov 2005 Location: Georgia Age: 18
Posts: 1,542
Points: 2,167.25 Donate | | | Legal to share music? Is it legal to share music directly with a friend? I quit piracy a long time ago and I need to know rather this is legal or not. I searched 'Copyright infringement' and the example it gives is sharing music over the internet.
I'm borrowing my friends' iPods and syncing them to my computer. My friends say that its legal as long as the arn't making money off of it. Is that true? | 
09-21-2008, 05:40 PM
| | PSP3D's Strangest Member
My Mood: | | Join Date: Nov 2005 Location: Ca$hville Age: 16
Posts: 774
Points: 2.82 Donate | | | Pretty sure that's illegal. Does anyone make money when you download songs off a torrent?
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09-21-2008, 09:13 PM
| | Junior Member
My Mood: | | Join Date: Aug 2007
Posts: 20
Points: 17.53 Donate | | | Yea... I'm pretty sure that's illegal. I think, but am not sure about this one, that it's legal to share with people in the same household as you (direct family, i guess). But friends is illegal, unfortunately. | 
09-21-2008, 09:30 PM
| | Senior Member
My Mood: | | Join Date: Nov 2005
Posts: 305
Points: 14.89 Donate | | | That's definitely illegal. It's not that the person giving it to you isn't making money, it's that the record company isn't receiving money from you receiving the music, meaning no sale for them. You may never get caught for an act like that, but it's certainly illegal.
I'm pretty sure the RIAA doesn't even want you burning music from your cd's onto your computer. | 
09-21-2008, 11:27 PM
| | Joint Strike Fighter
My Mood: | | Join Date: Dec 2005 Location: Lancaster Pennsylvania USA Age: 20
Posts: 2,437
Points: 100,000,000,000.08 Donate | | | Illegal for sure | 
09-22-2008, 03:09 AM
| | Creator and Editor of PSP3D Radio
My Mood: | | Join Date: Nov 2005 Location: Dream Land, CA
Posts: 959
Points: 30.02 Donate | | Warning: Usual JCoolKatZerg long informative post to follow. Skip to * for the quick answer. Also, I'm going to assume USA copyright law here (seeing as your location is marked Georgia). Additional warnings here, I am not a lawyer and most of this info has come from sifting through slashdot and a user there (NewYorkCounrtyLawyer) who is a lawyer in court cases against the MPAA and RIAA. This is not legal advice, etc... In the US, you are only allowed to make a copy of media** that you own as long as it is for personal use and/or for the act of using*** the media. Sharing from your computer to your mp3 player is ok: it's a personal use. Sharing with your family/household is also classified as personal, and has so far been upheld in court as such. Sharing with a friend is not, even though there is no money involved. The only part of the law where money is involved is under the right of first sale. A good discription of what this means can be found on wikipedia: Quote: |
Originally Posted by wikipedia The first-sale doctrine is a limitation on copyright that was recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. That means that a copyright holder's rights to control the change of ownership of a particular copy end once that copy is sold, as long as no additional copies are made. This doctrine is also referred to as the "first sale rule" or "exhaustion rule". | Your friend has the right to sell you his music, so long as he/she does not retain any copies for himself, and he/she only has the right to sell you the orriginal copy of the music, and not a 'bootleg' copy he/she has made.
*SO, yes, what you are doing is quite illegal under the current US copyright law. If you don't like it, write to your congresscritter, and if/when you are 18, vote for the people who will change the law to the way you see fit.
**Media is very loosely defined by the law here. This is how one could argue that making a personal 'backup' of a game/DVD/CD is legal, however, only the backup of music (all forms) and videos (in the form of VHS, only) have every been upheld in court under this use. Games and 'digital' videos have not had a precedent set to my knowlage.
***Example: in order for your computer to play a CD, the contents of the song file must first be copied to ram in order to be processed and modulated to your speakers. This is an essential step to using the media, and thus legal under the current law.
__________________ My mayor is a Teflon coated slime bag Hopefully he'll learn not to try and push quite possibly unconstitutional bills though the state assembly and then waste tax money fighting it in court. Plus, he has failed the bar exam 4 times  . Disclaimer: These are my opinions, and I am wholy responsible for them. | 
09-22-2008, 03:04 PM
| | Senior Member
My Mood: | | Join Date: Nov 2005 Location: Georgia Age: 18
Posts: 1,542
Points: 2,167.25 Donate | | | Gah! Your right! Apple says that you can copy purchased song up to 7 times for personal, non-commercial use only.
What if my gf gave me her iTunes library? Would that be considered personal use? | 
09-22-2008, 09:57 PM
| | Moderator
My Mood: | | Join Date: Jun 2006 Location: Iacon, Cybertron Age: 20
Posts: 2,370
Points: 440,662.85 Donate | | | Wait, if you're trying to rip music off your iPod then good luck. Apple doesn't take to kindly to doing so. | |
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