Re: DRM in OGG - A Proposal

At 11:01 AM 11/7/2002 +0000, you wrote:
> > When I buy copyrighted material with the permission of the copyright holder
> > I have the right to make copies for personal use.
>
>It doesn't say that on the CD. I think it's more a case of custom and 
>practice
>than legal rights. Only a tiny minority of artists have publicly advocated
>home taping or copying - the usual example being the Grateful Dead, who only
>encouraged taping of live performances, not records as far as I know.

Actually, there are specific legal rights to this, codified in the AHRA 
(Audio Home Recording Act of 1992) and 17 USC 107, also known as the "Fair 
Use Doctrine."

The law is viewable here: http://www4.law.cornell.edu/uscode/17/107.html

It begins with the text: Notwithstanding the provisions of sections 106 and 
106A, the fair use of a copyrighted work, including such use by 
reproduction in copies or phonorecords or by any other means specified by 
that section, for purposes such as criticism, comment, news reporting, 
teaching (including multiple copies for classroom use), scholarship, or 
research, is not an infringement of copyright.

It then goes on to elaborate what are determining factors in deciding what 
is and is not fair use.

The Audio Home Recording Act was brought forth as a compromise to appease 
the RIAA upon introduction of DAT in 1992. It is codified in 17 USC 10, 
viewable here: http://www4.law.cornell.edu/uscode/17/ch10.html . It 
outlines this: No action may be brought under this title alleging 
infringement of copyright based on the manufacture, importation, or 
distribution of a digital audio recording device, a digital audio recording 
medium, an analog recording device, or an analog recording medium, or based 
on the noncommercial use by a consumer of such a device or medium for 
making digital musical recordings or analog musical recordings.

It also discusses copy controls here: 
http://www4.law.cornell.edu/uscode/17/1002.html , outlining a serial copy 
management system, and prohibiting circumvention of such a system.

Thank you,
Victor Marks




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