Quote:
Originally Posted by Xenophon
Here in the U.S. the law is reasonably clear on your first question. The guy who also owns the same CD has gone beyond fair use if he sends you a copy of the bits. Even though you could rip your own copy if only your CD/DVD reader was working.
An odd twist on this is that it's arguably legal (1) for a friend to loan you a CD that he owns (but you don't) (2) for you to rip the CD while it is in your possession, and (3) for you to keep the bits after you return the CD. This one hasn't been tested in the courts, but has been argued by a number of highly competent lawyers & law-school profs as "highly likely to be legal under fair use." It seems morally wrong to me, though. You really ought to pay the artists and copyright holders for the content (IMHO).
The laws do seem rather out of date, except for the ever-increasing term of copyright.
Xenophon
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Your friend who loans you his CD also should make sure he has no other copies of it on his computer or DAP. if aid friend does, then it's not OK to loan the CD. While I have this CD in my possession, it is OK for me to rip it and put that rip on my DAP. But when I do go to give if back, that copy has to be deleted.
Now, is it fair use that since my DVD drive is busted, that I loan my CD to a friend who rips it for me and sends me the bits and then deletes the copy?
Also, could the same thing be done with a pbook? He has the book scanner and offers to scan my book for me, so I loan the book and get back the book and an electronic copy.