KazZa Legislation
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Thread: KazZa Legislation

  1. #1

    KazZa Legislation

    I was wondering. If I buy a CD and have a song(stripped of ID) that is on the CD and share it. Do I get in trouble for sharing it? I was having an argument with a friend and he thinks that the little girl who got charged was charged for sharing files. I think she was charged for owning something that was not hers. Could someone provide some insight.

    -Cheers-

    PS: I'm not lazy, but they cant publish that stuff because she was like 12.

  2. #2
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    Yes, you definately do get in trouble for sharing it.
    The reason why this is, is because when you had the CD, you essentially bought the right to LISTEN to the CD. However, if you share it, you are in violation of this big thing in the US that we call COPYRIGHT. Meaning that you, by having copyright rights, have the power to listen, alter, distribute this music. By sharing this, you are distributing this music, by which you have no right to do by copyright law. Kinda can apply it to computer security.

    Its kind of like a chmod command for the government
    Creating further mindless stupidity....through mindless automation.

  3. #3
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    The story about the little girl that was charged with file sharing that you refer to, appeared on the Register awile back. Here is a link if you wish to read it.

    *edit* this is the real link the one below it is a commentary on the above message *edit*
    http://www.theregister.co.uk/content/6/32731.html
    http://www.theregister.co.uk/content/35/32790.html

    Seems like the piracy debate will never end. I've heard that so long as you legally own a copy of a cd, you can have it in any form that you like, (e.g. mp3). But the illegal step is sharing that out to others which violates that act. Maybe it was on the register that I read that someone was tried for file sharing even though they owned the cd, because it was proved that the rip didn't come from their cds.

    Maybe someone else has heard of this??

  4. #4
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    Simple fact. Anything that you share on a P2P network is illegal, unless one of two things are true:

    1. You created the item that is shared. (by created I mean wrote and recorded the song, not ripped the MP3)

    2. You have PREMISSION from the author to share the file (i.e. Source Code to Linux)

    Anything else is illegal, illegal to uplaod and illegal to downlad.

    But on a side note, just because it is illegal dosn't mean its immoral. Throwing Tea in to Boston Harbor was not legal also.

    DeafLamb

  5. #5
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    Taken from the copyright notice on the back of an Aerosmith CD:

    Unauthorized reproduction, copying, and rental of this recording is prohibited by law.
    If that notice instead said that unauthorized reproduction, yada yada yada, was *not* prohibited, then and only then would it be legal, unless you have authorization to do so. Put simply, it is illegal to do anything with a recording that you are not authorized to do. Making a copy on MP3 (or making a copy in any other format) IS illegal. But that doesn't mean you'll get caught or even that the RIAA even cares to prosecute you for it.

    By copying that recording, you would be violating that agreement, which would also be a violation of the copyright act, a federal law in most countries. That makes it a criminal offense.

    Simply because you will not be prosecuted for that offense does not make it legal.
    Government is like fire - a handy servant, but a dangerous master - George Washington
    Government is not reason, it is not eloquence - it is force. - George Washington.

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  6. #6
    Thanks guys.
    But on a side note, just because it is illegal dosn't mean its immoral. Throwing Tea in to Boston Harbor was not legal also.
    I have few morals, for better or worse. Although most of them are computer related/oriented. Shows how little a life I have, eh.

    -Cheers-

  7. #7
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    indeed, good point deaf.
    speak your mind becuase those who matter don\'t mind and those who mind don\'t matter

  8. #8
    Anything else is illegal, illegal to uplaod and illegal to downlad.
    Making a copy on MP3 (or making a copy in any other format) IS illegal.
    Where I live (in the netherlands) you are allowed to create backups of your CD's in any format. We even take that one step further and you are even allowed to download the music as mp3/ogg or whatever format you like (providing that you do own a legal copy offcourse).

  9. #9
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    Noodle has a good point, I can only speak for US laws, and even there I am no lawyer.



    DeafLamb

  10. #10
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    Noodle, you can here too. The thing is, though, that most people who download the mp3s and whatnot do NOT own the CDs in the first place.

    But, as to whether you'll get in trouble or not, PM8228, the answer is a pretty sturdy "no." Unless you're doing mass distributions of software, music, movies, etc., they're not going to come after you.

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