Re: Copyright & The New World Economic Order

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Wed, 28 Jul 1999 08:55:17 -0700 (PDT)

On Tue, 27 Jul 1999, Don Roemer <droe2[_at_]earthlink.net> wrote:
>
> On Thu, 22 Jul 1999, Bob Stock <bstock[_at_]mindspring.com> wrote:
> >
> > 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?"

Well, it says that no action may be brought under copyright alleging infringement based on the noncommercial use by a consumer of the listed recording devices or media for making recordings. If no action can be brought, it sounds lawful to me.

The accompanying House Report, H.R. Rep. 102-780(I), makes it even clearer:

     In short, the reported legislation would clearly establish that
     consumers cannot be sued for making analog or digital audio copies
     for private noncommercial use.

-- 
Terry Carroll         |
Santa Clara, CA       |            There are 46 days remaining
carroll[_at_]tjc.com       |

Modell delendus est | Received on Wed Jul 28 1999 - 15:55:32 GMT