[NightGeometry]

I am not a lawyer, not in the US, and have not read up on this for awhile.

From my understanding, in the UK at least, receiving copyrighted materials is not in breach of any law. Making and distributing is in breach of copyright law though. So, over here at least, ripping a CD to MP3 is actually in breach of law, but grabbing an MP3 is not. Which is just insane, and as far as I remember there is much discussion as to how the law is to be changed to, possibly, reverse the position.

I assume the case is similar in the US, as all RIAA law suits, as far as I am aware, are based on demonstrating that the accused has made available content.

The case for DVD-rippers is slightly different. This is a matter of breach of license of the DVD association (sorry, don't know their official name). The company that got sued actually won, the license as was didn't prohibit what they were doing. Needless to say the licensing agreement was changed very soon afterwards.

So, if the above is correct, and applies in the US as it does here, then technically scanning a book is breach, but getting a copy isn't. If you were to use a torrent to get the book, then you would in most cases also be distributing though, and thus in breach again. Fair use *may* help, but this is a legal defense, my understanding is that it goes to court, and you effectively plead guilty relying on a 'but' to save you. I'd not be up for that to be honest.

As many have said, it's about as grey as it gets at the moment - whether technically legal or not you expose yourself to risk of being taken to court, and in that situation being right and proven so may be little comfort given the cost and time involved.


As per the start of this rant, not a lawyer, not in the US, not really read up on this for a few years. So even if this was true for me, when i read up on it, it may not be for you now. If in doubt, don't ask for opinions, read up on copyright law, or hire a lawyer (obviously both of those still come down to opinion and interpretation until a relevant court for you gives an indication one way or the other).

As to the user who claimed that iTunes and WMP send info to Apple / MS - care to back that up with any background info?