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If my cd breaks are my mp3s now illegal?

Lord JezoLord Jezo Registered User regular
edited November 2008 in Help / Advice Forum
I have wondered this.. I have a cd, I ripped the tracks like everyone would to put them onto my mp3 player. Cd was bought legally new at a real store.

But then the cd found it's way underneath the drivers seat of my car somehow and when I find it months later it's cracked in half.

Are all the mp3s I made off this cd now illegal and should they be destroyed or else I get sent to prison?

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Lord Jezo on

Posts

  • Zombie NirvanaZombie Nirvana Registered User regular
    edited November 2008
    Not if you kept your broken CD.

    Zombie Nirvana on
  • Locutus ZeroLocutus Zero Registered User regular
    edited November 2008
    IIRC, the MP3s were illegal to begin with.

    Locutus Zero on
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  • EinhanderEinhander __BANNED USERS regular
    edited November 2008
    Wait, what? Are you serious?

    The disc is meaningless, according to the modern music industry you're just paying for the "right" to listen to the songs on it anyway. You made a backup in the form of .mp3s in case the disc was ever irreparably damaged (which it was), so no, it's not illegal for you to listen to .mp3s of a disc that you legally bought.

    And you don't go to prison for stealing music. You're either an idiot, or you're trolling, or you've been so brainwashed by the RIAA that you're afraid to listen to music you paid for.

    How would they even catch you if it was illegal?

    Einhander on
  • Speed RacerSpeed Racer Scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratchRegistered User regular
    edited November 2008
    Either way you won't get sent to prison.

    Speed Racer on
  • EchoEcho ski-bap ba-dapModerator, Administrator admin
    edited November 2008
    IIRC, the MP3s were illegal to begin with.

    Or so the MAFIAA wants everyone to believe.

    There are two views:

    1. You bought a physical product. Fair use laws lets you do whatever the hell with it, including backup copies and format shifting. In the backwards country known as USA, there are laws that make you a criminal if you try to actually use your fair use rights, such as the DMCA.
    2. You only bought a license to listen to music that happens to come on a plastic disc. It broke? Fuck you, buy a new one.

    Echo on
  • ArcSynArcSyn Registered User regular
    edited November 2008
    Unless you start sharing said MP3s, I don't think anyone will prosecute you.

    I've got a bunch of MP3s for CDs that I've lost or lent out never to be seen again. I'm not worried about it.

    ArcSyn on
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  • tardcoretardcore Registered User regular
    edited November 2008
    Einhander wrote: »
    Wait, what? Are you serious?

    The disc is meaningless, according to the modern music industry you're just paying for the "right" to listen to the songs on it anyway. You made a backup in the form of .mp3s in case the disc was ever irreparably damaged (which it was), so no, it's not illegal for you to listen to .mp3s of a disc that you legally bought.

    And you don't go to prison for stealing music. You're either an idiot, or you're trolling, or you've been so brainwashed by the RIAA that you're afraid to listen to music you paid for.

    How would they even catch you if it was illegal?

    Don't call him an idiot for having a question. That's unfair.

    To add to this thread:
    As far as I know, if you share those mp3s at all, you'd be in trouble.

    tardcore on
  • EinhanderEinhander __BANNED USERS regular
    edited November 2008
    I just feel that if you're tech-suavy enough to rip your cd to .mp3 and transfer it to an external player, you're tech-suavy enough to know your rights concerning digital content.

    It drives me crazy when people think they're doing something wrong or illegal when they aren't, just because the music industry has a hardon for screwing the average consumer.

    Einhander on
  • minigunwielderminigunwielder __BANNED USERS regular
    edited November 2008
    Type more Ein, so that I may report you.

    For Awesome.

    minigunwielder on
  • ButtcleftButtcleft Registered User regular
    edited November 2008
    Einhander wrote: »
    I just feel that if you're tech-suavy enough to rip your cd to .mp3 and transfer it to an external player, you're tech-suavy enough to know your rights concerning digital content.

    It drives me crazy when people think they're doing something wrong or illegal when they aren't, just because the music industry has a hardon for screwing the average consumer.

    Windows media player has it to about where you insert the disk and press yes and the music is auto-ripped to whatever format. Certainly don't have to be tech savvy for it anymore.

    Buttcleft on
  • wasted pixelswasted pixels Registered User regular
    edited November 2008
    Einhander wrote: »
    Wait, what? Are you serious?

    The disc is meaningless, according to the modern music industry you're just paying for the "right" to listen to the songs on it anyway. You made a backup in the form of .mp3s in case the disc was ever irreparably damaged (which it was), so no, it's not illegal for you to listen to .mp3s of a disc that you legally bought.

    Totally, completely wrong.

    Assuming US law is applicable, let's be clear: there is absolutely nothing in Title 17,107 ("Limitations on exclusive rights: Fair use") granting you a right to make backup copies of your music. The notion of a backup copy (or "archival" copy) is introduced in Title 17,117(a)(1) ("Limitations on exclusive rights: Computer programs"), and is explicitly only applicable to computer software.

    While some copyright lawyers believe that backup copies and format shifting are theoretically fair use following the outcome of Sony Corporation of America v. Universal City Studios (which determined that "time shifting" -- that is recording a broadcast for later playback via VHS tape or TiVo -- is fair use), I must stress, there is absolutely nothing in US law granting explicit fair use protection to backup albums or films.

    wasted pixels on
  • DeShadowCDeShadowC Registered User regular
    edited November 2008
    Einhander wrote: »
    Wait, what? Are you serious?

    The disc is meaningless, according to the modern music industry you're just paying for the "right" to listen to the songs on it anyway. You made a backup in the form of .mp3s in case the disc was ever irreparably damaged (which it was), so no, it's not illegal for you to listen to .mp3s of a disc that you legally bought.

    Totally, completely wrong.

    Assuming US law is applicable, let's be clear: there is absolutely nothing in Title 17,107 ("Limitations on exclusive rights: Fair use") granting you a right to make backup copies of your music. The notion of a backup copy (or "archival" copy) is introduced in Title 17,117(a)(1) ("Limitations on exclusive rights: Computer programs"), and is explicitly only applicable to computer software.

    While some copyright lawyers believe that backup copies and format shifting are theoretically fair use following the outcome of Sony Corporation of America v. Universal City Studios (which determined that "time shifting" -- that is recording a broadcast for later playback via VHS tape or TiVo -- is fair use), I must stress, there is absolutely nothing in US law granting explicit fair use protection to backup albums or films.

    At the same time though, the law doesn't deny you said right, and luckily in the US a law has to be in place to deny you rights, not grant you them.

    DeShadowC on
  • wasted pixelswasted pixels Registered User regular
    edited November 2008
    DeShadowC wrote: »
    Einhander wrote: »
    Wait, what? Are you serious?

    The disc is meaningless, according to the modern music industry you're just paying for the "right" to listen to the songs on it anyway. You made a backup in the form of .mp3s in case the disc was ever irreparably damaged (which it was), so no, it's not illegal for you to listen to .mp3s of a disc that you legally bought.

    Totally, completely wrong.

    Assuming US law is applicable, let's be clear: there is absolutely nothing in Title 17,107 ("Limitations on exclusive rights: Fair use") granting you a right to make backup copies of your music. The notion of a backup copy (or "archival" copy) is introduced in Title 17,117(a)(1) ("Limitations on exclusive rights: Computer programs"), and is explicitly only applicable to computer software.

    While some copyright lawyers believe that backup copies and format shifting are theoretically fair use following the outcome of Sony Corporation of America v. Universal City Studios (which determined that "time shifting" -- that is recording a broadcast for later playback via VHS tape or TiVo -- is fair use), I must stress, there is absolutely nothing in US law granting explicit fair use protection to backup albums or films.

    At the same time though, the law doesn't deny you said right, and luckily in the US a law has to be in place to deny you rights, not grant you them.

    But it IS a violation of existing copyright law to make a copy of a protected material without the rights to do so under Title 17.

    This is why people like me have been screaming for 15 years about a dire need to overhaul copyright law to catch up with modern technology. Consumers don't have rights they need to explicitly be granted.

    wasted pixels on
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