Thread: Is this a pirate site?
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Old 03-12-2010, 08:25 PM   #278
Iphinome
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Quote:
Originally Posted by Shaggy View Post
Copyright law grants the holder exclusive rights to reproduce the work in copies. It says nothing about the use of those copies and whether they are personal/public/commercial/etc.

Something has to allow people to make personal use copies... what exactly did you think it was, if not fair use? Two of the tests for fair use are the purpose and character of the use, and the effect of the use on the potential market.

If you would rather argue that the Audio Home Recording Act is what defines personal use, rather than the Sony/Universal case, then fine. But they're really all branches of the same thing, and stem from successful use of the "fair use" affirmative defense.
I'd argue that copyright is a grant to distribute copies not an exclusive right to produce them but I'm pretty sure the content providers would see it differently.
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