Using old files previously downloaded via Napster and the like

[PseudoHermit_22]

So I read some of the old threads on this (this forum, unlike many others, actually has a very good Search function ).

My question was not found in the time I had to look through many long threads.

My question is this: I recently found many CDs of music I had downloaded back in the day when Napster was not illegal. (And, incidentally, back in the days before I made my return to the Catholic Church.)
*
Would it be sinful if I now used these previously downloaded music files, now that it has been determined to be illegal, even though they were downloaded when it was not a crime?*

What’s the concensus on this?

 

[jjb5985]

So I read some of the old threads on this (this forum, unlike many others, actually has a very good Search function ).

My question was not found in the time I had to look through many long threads.

My question is this: I recently found many CDs of music I had downloaded back in the day when Napster was not illegal. (And, incidentally, back in the days before I made my return to the Catholic Church.)
*
Would it be sinful if I now used these previously downloaded music files, now that it has been determined to be illegal, even though they were downloaded when it was not a crime?*

What’s the concensus on this?

Copyright violations have always been illegal. Its not the filesharing that is illegal, it is what is being shared. If the cd you downloaded is copyrighted and you didn’t pay for the right to own that cd, then it would still be wrong. The best thing to do is just buy the cd, new or used. You could also check and see if the music is available for legal download from the new napster or any other legal download company.

 

[PseudoHermit_22]

I agree and actually had already destroyed my original back up copies of the downloads, but I guess in another in a series of hard drive reformats I made another back up copy and just found this one.

I was pretty much planniing to cut it up.

 

[JezuUfamTobie]

Along the same lines…

Do either of you know if there are any kind of allowances under “fair use” or something similar? For example, making a audio tape of your favorite songs (from albums you own)… and then giving it to your best friend to listen to. Illegal? Immoral?

 

[thechrismyster]

Along the same lines…

Do either of you know if there are any kind of allowances under “fair use” or something similar? For example, making a audio tape of your favorite songs (from albums you own)… and then giving it to your best friend to listen to. Illegal? Immoral?

thats distribution. fair use would be for your own use. distribution is a major league no-no in copyright law.

 

[PseudoHermit_22]

thats distribution. fair use would be for your own use. distribution is a major league no-no in copyright law.

If that’s true then I think this is where the music industry is abusing its authority. Distribution would seem to me to mean distribution on a significant scale and for profit. Making mixed tapes and such for a private friend just does not seem criminal.

 

[JezuUfamTobie]

Honestly there’s just no blip on my sin radar either. Making a mix tape and giving it to a friend seems comparable to going 36 miles per hour in a 35 mph zone. Technically illegal, but no one cares because it isn’t what the law was aimed at. Or my conscience needs a doctor.

 

[thechrismyster]

that music you have isn’t yours. just like movies, the studio OWNS the music. you buy a ‘license’ to listen to it.

so when you buy music, you agree by purchasing it, to abide by their rules. and like it or not, copying it and giving it to someone else is expressly forbidden by that agreement.

but enforcement is another thing. the music industry, in cases of file sharing, has backed down from EVERY challenge when the accused says they were using a wireless router. thereby making the music folks prove it wasn’t (at least to a jury or judge) someone stealing bandwidth off the accused.

 

[epower]

You are allowed to make backup copies for your own use of copyrighted works which you have purchased. As long as you do not use those backups simultaneously.

I have heard that radio programs are free to record and listen to. Is it legal to replay them on an internet site if you are not making money off of the programs? There would be no theft of bandwidth involved.

 

[thechrismyster]

You are allowed to make backup copies for your own use of copyrighted works which you have purchased. As long as you do not use those backups simultaneously.

I have heard that radio programs are free to record and listen to. Is it legal to replay them on an internet site if you are not making money off of the programs? There would be no theft of bandwidth involved.

I can almost promise that the licensing also includes copy, transmission and rebroadcast of anything on the airwaves.
for instance, ClearChannel (who owns hundreds of radio stations across the USA) has a disclaimer… and get ready for the THIS cover your butt statement:

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through Clear Channel in whole or in part, without the express written permission of Clear Channel.
Other trademarks, service marks, product names and company names or logos appearing on Clear Channel Websites that are not owned by Clear Channel may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Clear Channel Website, or frame this Clear Channel Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Clear Channel Website in an email for commercial purposes, without the express written permission of Clear Channel.

they cover themselves quite well. by going to a clear channel website or listening to the stations, your saying you accept these terms. and all local stations have similar disclaimers. PLUS, the work, if music, your rebroadcasting breaks all sorts of copyright laws against the artist.

 

[thechrismyster]

Making mixed tapes and such for a private friend just does not seem criminal.

the courts of the land have ruled time and time again that it is, indeed, criminal.
tapes to a friend = distribution of materials you don’t own = nope.

 

[epower]

I can almost promise that the licensing also includes copy, transmission and rebroadcast of anything on the airwaves.
for instance, ClearChannel (who owns hundreds of radio stations across the USA) has a disclaimer… and get ready for the THIS cover your butt statement:

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through Clear Channel in whole or in part, without the express written permission of Clear Channel.
Other trademarks, service marks, product names and company names or logos appearing on Clear Channel Websites that are not owned by Clear Channel may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Clear Channel Website, or frame this Clear Channel Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Clear Channel Website in an email for commercial purposes, without the express written permission of Clear Channel.

they cover themselves quite well. by going to a clear channel website or listening to the stations, your saying you accept these terms. and all local stations have similar disclaimers. PLUS, the work, if music, your rebroadcasting breaks all sorts of copyright laws against the artist.

Wow, I think that does cover everything.