iPod What is the exact definition of "Piracy"? :)

[Dr.Pants]

No. Generally optical media is not over-writable in the forms that you would receive it in. Since no data can be written to an optical disc once it is burned, there is no way to write information - ergo, no footprint. The disc tracks may contain some markers (an audio wave added to the waveform, and then a comparison digitally could subtract the original waveform and find the marker wave), but generally this requires a very intense, speciality program, generally (if at all) found in the production house. However, the file would need to be taken off of your iPod/mac/ w/e, and then processed, then still be on w/e when somebody got a warrant. Want to not care about copyright? Keep a damn big magnet and don't put your HDDs or credit cards near it until the cops bust down the door Not speaking from personal experience

 

[yossim]

that sounds like a good plan. So now it is up to the individual and his views on "ethical behavior."
just hope to erase all the songs and nothing else when you use the magnet.

I think this discussion pretty well answered my question. Thanks for the posts!

 

[miles01110]

you paid for that stuff.its yours now.rip it to 530854369478 dvds,cds remove the DRM it is yours.do what ever you want

Except the OP is asking about materials checked out of a library.

In the U.S., you can copy pages from a book with a photocopier as fair use. However, copying the entire book is NOT legal and can result in prosecution.

Hah! Google might have something to say about that.

 

[bartelby]

Is the US the only country where this is illegal (ripping from the cd)?

even if I am not exchanging the data it is illegal?

In the uk it is actually against copyright to rip a cd you own to your iPod. But, fortunately, no-one cares about that law, not even the record companies.

 

[Phil A.]

Simplistically, copyright infringement occurs when you make unauthorized use of material covered under copyright. A copyright owner grants you explicit usage rights over any material they own over which they have exerted copyright and any usage beyond that is copyright infringement. IANAL but my understanding is you have no intrinsic rights (except fair use in the US and other areas) so unless you are explicitly told you can do something with a copyrighted work then you can't
So, unless the CD from the library says you are free to make a copy of it if you rented it from the library then you can't do it without committing copyright infringement.

 

[Gretsch]

The CD Copy Police are on the way to your residence right now for merely discussion such a heinous crime! Maybe they can prevent you from becoming a serial ripper...

 

[Ttownbeast]

This has been an issue since the days of recordable magnetic cassette and 8 track tapes. The industry wanted to make it illegal to own cassette recorders and attempted to levy a private tax payable to the record companies on blank cassettes decades back too for the same reasons. For a little while in the 90's the RIAA even tried going after local music stores for reselling used CD's because they weren't getting a cut from those music sales.

 

[Kila]

Piracy will always exist.
There's really no stopping it.
You just have to be smart about it.

 

[gnasher729]

In the uk it is actually against copyright to rip a cd you own to your iPod. But, fortunately, no-one cares about that law, not even the record companies.

And if you are a member of parliament, it is against the law to claim either the CD or the iPod as expenses, but nobody cares about that, especially not the honourable members of parliament.

 

[63dot]

seriously! I'm not going to do something like that if it's wrong, or if I can get in trouble for it. I was at the library yesterday, and I asked the librarian, and she had no idea. So I came here.

I appreciate your honesty. Like many legal issues, the answer is a resounding, "It depends".

When did you want to do this, where, and not only where in the US, but where in the world are key points of law. While something may be piracy in your state today, it could be different this time next year. The music industry seriously tried to stop blank cassettes from hitting the market back in the day, even for people who wanted to copy their own LPs/vinyl.

Landmark rulings in law, in the US in most states, allowed for the public to get their hands on the very useful medium of blank cassettes. While I could have used them to tape class, I never did. The only people I have seen regularly tape class are law students.

I copied records for my own personal use but often gave the tape away when tired of it or the band like many teens and young people do. I even gave away all my vinyl (that was stupid). I never went out and sold my homemade tapes though but that never stopped people from making fake inserts and selling them at the local flea market. Cops had better things to do than to worry about this but a few times, kids got busted and it made the news. It was more of a setting of an example as the vendors, usually very young teens and 20-somethings, had a thriving "piracy" business.

 

[yossim]

Except the OP is asking about materials checked out of a library...

I may sound a bit illiterate by saying this, but what does "OP" stand for?

 

[Ttownbeast]

What people do behind closed doors is difficult to enforce--just look at how ineffective sodomy laws in some states are of course some consider that a different kind of "Piracy" LOL there are few if any resources available to Law Enforcement to investigate such matters. So the companies take it upon themselves with their own budgets and investigators to act as the cops, because the cops are busy enforcing laws in the real world and limit the amount of manpower spent to more serious online activity that directly effect the real world like child molestation and bank fraud. Which is why you rarely(if at all) hear about any criminal charges being brought against defendants who copy music the lawsuits brought against individuals are civil suits enforced by the companies.
That FBI warning you see at the beginning of DVD's in my opinion is an ineffective deterrent they are too busy investigating online bank fraud to deal with some 12 year old that ripped a copy of Free Willy he got from Netflix.

 

[themoonisdown09]

I may sound a bit illiterate by saying this, but what does "OP" stand for?

It stands for "Original Post" or "Original Poster". In this case, it means you.

 

[63dot]

I may sound a bit illiterate by saying this, but what does "OP" stand for?

OP refers to you, the master pirateer. It stands for "original pirate".

I suggest you get an eye patch and grow a big black beard. You know, just a suggestion. And also get a parrot to sit on your shoulder.

 

[yossim]

What people do behind closed doors is difficult to enforce--just look at how ineffective sodomy laws in some states are of course some consider that a different kind of "Piracy" LOL there are few if any resources available to Law Enforcement to investigate such matters. So the companies take it upon themselves with their own budgets and investigators to act as the cops, because the cops are busy enforcing laws in the real world and limit the amount of manpower spent to more serious online activity that directly effect the real world like child molestation and bank fraud. Which is why you rarely(if at all) hear about any criminal charges being brought against defendants who copy music the lawsuits brought against individuals are civil suits enforced by the companies.
That FBI warning you see at the beginning of DVD's in my opinion is an ineffective deterrent they are too busy investigating online bank fraud to deal with some 12 year old that ripped a copy of Free Willy he got from Netflix.

So is copyright infringement a "Federal offense?"

 

[63dot]

So is copyright infringement a "Federal offense?"

It can be. I would check inside all large closets right now to make sure the FBI team from Fringe isn't hiding there right now.

What really gets the attention of the feds is if you make a lot of copies and start making a lot of money off of another artist without paying them royalties. Napster was right there on the radar screen like a bowling ball.

 

[yossim]

It can be. I would check inside all large closets right now to make sure the FBI team from Fringe isn't hiding there right now.

What really gets the attention of the feds is if you make a lot of copies and start making a lot of money off of another artist without paying them royalties. Napster was right there on the radar screen like a bowling ball.

So, unless I'm using Limewire and things like that, then I really don't have anything to worry about... other than people telling me that I'm doing something morally wrong, or things like that... I wonder if copying your own cd's in Britain would be morally wrong... just a thought...

Now, if they prosecute me, I can't claim ignorance, or anything to that effect.

 

[Nugget]

Piracy is a war-like act committed by a non-state actor, especially robbery or criminal violence committed at sea, on a river, or sometimes on shore.

Yes, and "piracy" also refers to copyright infringement and has since at least 1771.

 

[63dot]

So, unless I'm using Limewire and things like that, then I really don't have anything to worry about... other than people telling me that I'm doing something morally wrong, or things like that... I wonder if copying your own cd's in Britain would be morally wrong... just a thought...

Now, if they prosecute me, I can't claim ignorance, or anything to that effect.

In law school, one of the first concepts we learned about was "deep pockets".

It is not cheap or easy to sue someone. If you buy hot coffee from a local diner in a city of 60 people and spill it on yourself, it's not likely it's worth suing them for your injuries. You may get a few hundred if you are lucky.

But if it's McDonald's, then you know the story.

If you want to get some iPod songs off of library CDs, that's one thing, but if you are Napster, for instance, believe me, the music industry will throw everything they have against you, as they did.

Sure, we are not resolved on the Napster v. Music Industry issue, but Napster is rich and thus a viable, profitable target for the music industry. If you want to spend several hundred thousand in lawyer fees going after a flea market pirate, then go ahead and waste your money. Not much, if anything, will come back to the music industry against them.

But an internationally known entity like Napster is worthy for the music industry to spend the money to go after.

In the old days of lawsuits, especially in torts, the targets were more akin to the biggest targets of that day, railroads, instead of Joe Schmoe down the street. The railroads of the late 19th century and early 20th century were the Microsofts of their time and a deep pocket target with some chance of success in a judgment. Anyway, Google "Palsgraf" to give yourself an idea of why suing was common, but in the context of going after a rich entity where winning could reap great financial rewards.

 

[Ttownbeast]

I guess Pirate Bay just released a statement saying they can't pay and won't pay in light of the recent decision against them and they are appealing. But on the subject of suing the individual these days it is done knowing there are no deep pockets, and it is done to threaten an individuals credit history to set an example so to speak by sending the message that you must comply or we'll F**K up your chances at owning a new home, buying a car, making reservations, getting a good job, etc.. RIAA is fighting a war of attrition against its own consumer base threatening them with the credit system--losing a case you can't pay back puts you in deep debt and gets reported to the 3 agencies in control of those scores that the banks, realities, car dealerships, and potential employers use when conducting background checks.

 

[ipedro]

In Canada...

In Canada it is completely legal to not only rip a CD but to share digital music files. There were cases where the music industry tried to sue individuals and lost in court.

Things are changing though. Our current right wing government is trying to pass laws to make it illegal to share music files.

Now, since Canada is a commonwealth country, and our laws here are based mostly off of Britain's, you may have the same rights in the UK.

This has been an issue since the days of recordable magnetic cassette and 8 track tapes. The industry wanted to make it illegal to own cassette recorders and attempted to levy a private tax payable to the record companies on blank cassettes decades back too for the same reasons. For a little while in the 90's the RIAA even tried going after local music stores for reselling used CD's because they weren't getting a cut from those music sales.

Not only did the music industry try but they actually got it. For years, blank CDs were charged a few pennies extra that went to the music industry to distribute to artists and record companies. iPods also carried this levy until it was challenged in court. Apple eventually refunded $40 or so in Apple gift cards for claimants that could prove they purchased one or more iPods between 2002 and 2005.

 

[yossim]

In Canada it is completely legal to not only rip a CD but to share digital music files. There were cases where the music industry tried to sue individuals and lost in court.

Things are changing though. Our current right wing government is trying to pass laws to make it illegal to share music files.

Now, since Canada is a commonwealth country, and our laws here are based mostly off of Britain's, you may have the same rights in the UK.



Not only did the music industry try but they actually got it. For years, blank CDs were charged a few pennies extra that went to the music industry to distribute to artists and record companies. iPods also carried this levy until it was challenged in court. Apple eventually refunded $40 or so in Apple gift cards for claimants that could prove they purchased one or more iPods between 2002 and 2005.

Another reason to keep all your receipts!

 

[alphaod]

I think ripping a CD from the library is legal as long as you only use the tracks for personal use. It's like using the photocopier at the library.

Ripping a DVD violates the DMCA, since you have to decrypt the DVD to do it.

Ripping a DVD for "archival" purposes is not illegal. Distribution is.

Then it would be illegal to rip cd's from the library. right? even if you were not exchanging it, or distributing it?

Actually it really depends; if you rip the CD and then return it, you will need to delete the ripped copy as well since you no longer "own" the original media.

So if ripping dvd's is illegal, then is it legal to watch movies on websites like youku.com or others like it?

No, those sites are illegal, but it's unlikely we have the power to challenge foreign companies.

 

[yossim]

So is watching free movies legal?

Does anyone know whether it is legal to watch movies on websites like youku.com and the like? I was told by a friend that it is not.

 

[annk]

Unless you're in Norway, I think...

I'm the head of a public library department in Norway, and bartelby's right, if I understand the law here correctly. You can make a copy of a CD for private use here as long as the original you use is a "legal" original. You were in possession of the library's copy legitimately (you borrowed it), and you can therefore make yourself a copy for your own, private use. You can't distribute it, and you can't allow other copies to be made from it.

Here, though, we ask users not to rip our CDs in the library, we ask them to borrow them and take them elsewhere. We don't want to be a copying central for CDs. We want to encourage people to borrow music from us and then to decide themselves whether or not they want to own (= buy) it. But when people ask about ripping, we tell them the truth, that they can rip, but that our rules state that they can't do it in our building. People seem satisfied.

The weird thing is that even though it's also allowed here to photocopy sheet music for study purposes (such as learning a tune at home, not sheet music to be used in a performance), you still aren't allowed to make that photocopy in the library. It's a sort of hiccup in the law that wasn't really meant to be so strict, but turned out that way. So you can borrow the music and take it elsewhere to copy it, and that copy is legal.

But I have no idea what the law says where you live, sorry.