Re: [MLUG - DISCUSSION] iTunes music files (was "You had to knowit was coming")

[Rick Buford <EMAIL:PROTECTED>]

Spurling, Shannon wrote:

>The reason it's a DMCA issue is because it's circumventing a copy
>protection scheme. Unfortunately, the DMCA has no provisions for fair
>use. Correct me if I am wrong, but I think fair use is an unwritten law.
>
I believe you are correct. "Fair use" is a precedent, set back during 
the betamax days when

from 
http://www.dcbar.org/for_lawyers/washington_lawyer/february_2003/access.cfm:

In 1841 the United States Supreme Court first upheld the concept of 
“fair use,” allowing an author to use George Washington’s letters in a 
semifictional biography of the first president.

However, it apparently did change somewhat in 1976 when Congress rewrote 
copyright law. Here's another fairly interesting link covering some of 
pertinent sections: 
http://www.lib.rpi.edu/services/policies/lawhighlights.html

Reading the second link, it becomes a little more apparent why the 
industry has been trying to argue that the consumer does -not- buy the 
music on the CD, but only the right to listen to said music. This would 
seem to make it non-transferable to a different medium.

-- 
death (
	life++;
	);

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