On Sun, 13 Jul 2003 08:16:32 +0000 (UTC), RobH nospam@nospam-echo-xray-
papa-charlie-oscar-november.co.uk wrote:


Exactly how, in the eyes of the copyright cops, would what you
suggest be legal?
Surely, you would have to keep the CD as proof even if you never
actually played it.

Humm, that could be interesting - buy the CD, don't break the
cellophane, download the album from the Internet, wave two fingers at
the RIAA.

Well, most my experience with 'copyright shopping' is from software. My
statement was certainly true for software. Not certain if it's exactly the
same for music, but I'll lay down my theory...

When you buy software what you actually pay for is the right to use that
data, not the disc itself, so if you scratch the cd a lot of software
companies will send you a new one for free, or allow a download.

With an audio cd you are buying the right to listen to that music at will,
by whatever means. This is why you can legally store an mp3 on your
computer if you also have the cd. So just possession of a downloaded mp3
isn't illegal, if you have the disc. AFAIK it IS illegal for someone to
distribute (inc share on p2p) copyrighted material without permission, but
downloading from p2p is no crime - they can only get you for owning the
data without the right to do so.

It's a grey area. For example, if you buy the vinyl do you have the right
to download a digital copy for listening on your iPod? You've already paid
the artist for their effort in making the music, I don't see why not.

Ideally I'd buy most my music 'on nothing' - I'd pay some amount to the
artist/producer/promoter for their efforts but not the media it comes on,
which to me is nothing more than packaging.

I still buy vinyl for those sit back and just listen moments, because
analogue HiFi demands a physically distributed medium - long distance
transmission and home recording of analogue audio just isn't realistic.

But the distribution model for digital audio isn't comparable in these ways
- you CAN realistically transmit and record with home equipment. I can
download a 640meg wav in 2.7 hours, or the mp3 equivalent in a few minutes,
at a cost of pennies. The idea that data must be put in little boxes,
driven about in vans, and sold on expensive real estate for the transaction
to be valid is too stupid for words.

--
Jim H