JMJ + OBT
Dear all,
I realize this thread has been dormant for some time now, but I didn’t stumble across it until this evening and I wanted to toss in an observation or two.
I will have to dig up the relevant court decisions, etc. but . . .
Actually, it is not illegal to make a copy of a tape cassette or a music CD and give it to a friend, or vice versa. It would be illegal to sell your friend such a copy, but it is perfectly legal to give it to him freely, or for him to give you such a copy freely. The same goes for VHS tapes of TV programs and ones you purchase in a store. It is not the case for rented tapes, if I remember correctly – illegal to copy them for personal use or to give a friend a copy. The same restriction probably applies to media borrowed from a public library.
These same perfectly legal activities are understood to be illegal if done on a large scale, thought I’m not sure how the courts actually define that.
Now, publicly “sharing” the same CDs, movies, etc. via the Internet has indeed been found to be illegal – though such decisions are well known to be muddy given the courts previous rulings regarding sharing physical copies with friends.
Also, the DMCA – Digital Millenium Copyright Act – has complicated the issue. It makes it illegal to deliberately break or circumvent a digital copyright protection system, present say on a DVD. In fact, that’s why it is illegal to “burn” copies of DVDs you buy at the store to share with friends. Believe it or not, it’s not the sharing of the physical copy that’s illegal, it’s the breaking of the encryption on the disc, necessary before “ripping and burning” it, that is expressly illegal.
I will have to find legal references to back all of this up, but I promise I’m not fibbin’.
In the Hearts of Jesus and Mary.
IC XC NIKA