this contradiction always confused me. either way the official company is “losing a sale” and not getting the money, right?

  • TootSweet@lemmy.world
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    11 months ago

    Of those three steps, step 2 is the illegal one. (Assuming we’re talking about music and not software.) Even if you never do step 3.

    (Not saying things should be that way. Nor that it’s not difficult to enforce. Only that as the laws are today, even ripping a music CD to your hard drive without any intention to share the audio files or resell the CD, even if you never listen to the tracks from your computer, the act of making that “copy” infringes copyright.)

    Edit: Oh, and I should mention this is the case for U.S. copyright. No idea about any other countries.

    • hedgehog@ttrpg.network
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      11 months ago

      In the US, if you don’t proceed to step 3, step 2 is legal (so long as the CD lacks DRM). You’re permitted a single backup under fair use; you’re also permitted to rip the music for personal use, like loading it onto a music player. You’re not supposed to burn it to a regular CD-R (is it illegal? Idk), but burning it to an Audio CD-R (where there is a tax that is distributed to rights holders like royalties) is endorsed by the RIAA.

    • TWeaK@lemm.ee
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      11 months ago

      Technically Step 2 should be legal, as covered by the old VCR case law (I think it involved Sony). Making a backup of a VHS tape or audio casette was legal, thus it should be legal for other formats, also.

      However the sneaky bastards then went and lobbied for a law that makes it illegal to circumvent DRM. So, there shouldn’t be anything wrong with writing the raw files to a drive, but if you have to crack the DRM to get the files to play then you’re definitely doing something unlawful.

      Disclaimer: “should” is doing a lot of heavy lifting in my comment lol what I say is not in any way legal advice. Also, it could be that the VHS law was more about “time-shifting”, ie recording live TV so that you could watch it at a more convenient time.

      Copyright also used to only be a civil offense, meaning law enforcement wouldn’t come after you, but a rightsholder might. However, they lobbied over that as well and ended up with a relatively low bar - if the value is over something like $1,000 then it’s automatically considered commercial and “criminal” copyright infringement.

      • TootSweet@lemmy.world
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        11 months ago

        Regular audio CDs don’t have any DRM. (Unless it’s a data CD filled with audio files that have DRM or some such. But regular standard audio CDs that work in any CD player, there’s no DRM. The standard just doesn’t allow for any DRM.) And so the DMCA’s anticircumvention provisions wouldn’t apply to CDs.

        But as for the Sony case you’re referencing, I’m not familiar with it, so I’ll have to do more research on that.