On Sep 21, 2014, at 4:20 AM, "'David H. Bailey' dhbailey52@comcast.net [iPad]" <iPad@yahoogroups.com> wrote:
On 9/20/2014 3:58 PM, Tony tdale@xtra.co.nz [iPad] wrote:
>
>
> I don't think so. Its illegal or its not. In the case of copying your
> own content for backup or to play on another format, is illegal. It is
> against the T+C of the content creator. Its called format shifting, and
> the fact that its against the T+C is ridiculous, if the use is for
> backup or for watching on another file type or system. But IIRC format
> shifting is still not allowed.
>
There are two types of laws -- one is the written and enacted
legislation which codifies the laws and the other is "case law" which is
how the courts have decided cases concerning any particular law or group
of laws.
In the United States back in the 1960s/1970s as cassette tapes were
becoming ubiquitous, case law determined that copying legally purchased
record albums (the old large vinyl records long before CDs) onto
cassettes for the convenience of listening to the music in locations
where the records could not be played such as in a car or while out in a
park for example was legal. And with the advent of videotapes again
case law determined that recording a TV show when it was broadcast so
that a person could watch it at a different more convenient time was
legal. Similarly ripping legally owned CDs into mp3 files for more
convenient listening is not prosecuted. But sharing those ripped files
with others who have not purchased the CDs is prosecuted wherever it is
found.
So while such practices are against the written U.S. Copyright Law,
which states that copying of any sort is illegal without the express
written consent of the copyright owner, case law has determined that as
long as a person has legal access to the original through purchase, some
copying won't result in a conviction and fines.
Of course every country has its own written copyright laws and its own
case law so what's not prosecuted in one country may well be prosecuted
in another country.
--
David H. Bailey
dhbailey@davidbaileymusicstudio.com
http://www.davidbaileymusicstudio.com
Posted by: Just Murray <krismurray@gmail.com>
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