I understand that it is illegal to share copyrighted material using P2P programs, but what about lets say I have a box of old CD's that I do not listen to anymore, is it illegal to just give them away? Its Essentially the same thing.
2007-02-24 18:22:21 · 3 answers · asked by one_drunk_monkey 2 in Politics & Government ➔ Law & Ethics
To copy for your own use has always been legal. For example many people copied their LP collection onto cassette tape to play in the car. The essential feature here is it is for your own use, not sharing with others. There is no further distribution involved, paid or free.
You can give away or even sell the LPs on eBay, at least in the USA. You have the same right to sell manufactured media as the record store that sold it new. It is universally understood that it is the responsibility of the record label to clear rights not the retailers. Distributing cassettes, or other items you have manufactured makes you a record label and is decidedly illegal without permission from the proper rights holders. In UK you don't buy records but rather a license to listen to the music and it was illegal to give LPs away because they would go to people who had not paid for a license to listen. Convoluted, no?
With respect to your computer, you can rip a track from an owned CD, and use on your computer or transfer to your MP3 player. Letting other people down load your files is distribution and that is illegal. With respect to down loads taken from other computers, those MP3 files are considered contraband and the RIAA can get warrants to confiscate them as they are prima facia evidence that you have participated in illegal distribution.
P2P sharing has a long history but it never had any legal standing.
2007-02-25 07:37:34 · answer #1 · answered by lare 7 · 0⤊ 0⤋
The legality of file sharing is based in the Digital Millenium Copyright Act. Giving away old original CDs is quite legal, and if the RIAA were to sue you, they'd be laughed out of court.
The idea is that sharing material leaves a copy with you, and a copy with someone else, and potentially prevents a sale. The legitimacy of this is questionable, however, that is the official line and the law is on that side.
2007-02-24 18:29:10 · answer #2 · answered by BDOLE 6 · 0⤊ 0⤋
You can give away the physical medium. That is perfectly legal, but only one person can play/use the CD at a time.
If you "share" the CD's contents on a P2P network, you are actually letting others "COPY" it, which is WAY beyond the EULA you get with the CD.
2007-02-24 18:29:41 · answer #3 · answered by Kasey C 7 · 0⤊ 0⤋