On 7/27/99, Don Roemer <droe2[_at_]earthlink.net> wrote:
>
> On Thu, 22 Jul 1999, Bob Stock <bstock[_at_]mindspring.com> wrote:
> >
> > On 7/21/99, Steven D. Jamar wrote:
> > >
> > > 8. Among the matters which the "average person" should know are
> > > infringements of copyright without consulting a lawyer:
> > >
> > [snip]
> > >
> > > b. copying CDs and selling or giving them to others
> >
> > There was a discussion about this in another forum, and I concluded
> > that giving away the CD is not infringing.
> >
> > Assume that the CD is an audio CD. Then look at the statute:
> >
> > "No action may be brought under this title alleging infringement of
> > copyright based on the manufacture, importation, or distribution of
> > a digital audio recording device, a digital audio recording medium,
> > an analog recording device, or an analog recording medium, or based
> > on the noncommercial use by a consumer of such a device or medium
> > for making digital musical recordings or analog musical recordings."
> >
> > 17 U.S.C. sec. 1008.
> >
> > Noncommercial use of a consumer in copying such a CD is exempt under
> > this section, at which point the user has a lawful copy.
>
> HUH????? Where does it state that it is a "lawful copy?" What I
> read is that no action can be taken against the folks who provide,
> by whatever means, the instruments used to pirate a CD or tape or
> whatever. I think it is a VERY LONG stretch to say that this section
> condones piracy of any sort by anyone whether it be a home user making
> an archival copy for personal use or someone making a copy to give to
> his mom or a school chum (non-commercial).
The statute says that no action of infringement may be brought against a consumer who has made a noncommercial copy of an audio CD. Are you then saying that when the statute specifically exempts this kind of copying, it is saying that it is somehow still unlawful but not actionable? Not likely. The copy made by the consumer is *not* a pirated copy.
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