The Mac Observer

Skip navigational links

DealsOnTheWeb Daily Deal: It's Friday, time for the Amazon Friday Sale!

Podcast - Apple Report: Fair Use Debate Coming in Congress

by , 9:00 AM EST, March 3rd, 2007

Direct Link: MP3 Version

It's another political Weekly Report: Congress has a Fair Use bill on the agenda, and copyright holder's aren't happy about it. Ricky and Jeff follow the Fruit Loops to find out who's defending what territory.

The Apple Weekly Report will be included in TMO's main RSS feed, and also in its own feed if you'd like to add it directly to your podcatching client.

If you enjoy the podcast, please consider rating us, reviewing us, and voting for us! You can vote at:

PodcastAlley.com Feeds (Vote - please!)

You can also review us at the iTunes Music Store.

Or, check out:
Yahoo! Podcasts Podcasting News

This news is written by the staff of The Mac Observer.
Bandwidth provided courtesy of Cachefly.
Bass by Boom, for TMO.

Digg!

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Bosco Posts: 1002 Joined: 03 Jun 2002
Subject: What is fair use?

"Fair use" is actually a legal defense against copyright infringement. It is not the right to make a backup. RTFL ("legislation") and all that... I know it's tough to understand, but ripping a CD to iTunes doesn't fall under Fair Use. It falls under the recording industry implicitly (and if you count testimosy in front of the Supremes, explicitly) consents to it.

And to say the RIAA would love for us not to be able to copy CDs for personal use... Bullshit. Bullshit. Bullshit. Did either of you call an RIAA representative to get their explanation? Doubt it...

Boucher has been on this wagon for several years. He is completely out of step with his party, which is generally better (as in favoring stronger) on IP issues than the Republicans, probably because of their strong support from creative industries, which are predominantly liberal and Democrat.

Close Name:Guest
Subject:

Actually you contradict yourself. Yes, fairuse is a defense to copyright infringement, however, making a backup copy for legally owned music would likely qualify for the fairuse defense. Moreover, making a copy of a CD to iTunes would also qualify for a fairuse defense. It is a defense because courts recognize these types of actions are legal. Owning a copyright isn't outright ownership.


More importantly, you do not need a fairuse defense in the case of making back up of music CDs (although such a defesne would otherwise apply), as Section 1007 of the Act allows you to burn a copy of a CD you legally own. Moreover, you can even give that copy away while keeping the original (provided you do not sell it). This is because you pay a tax on the blank music CDs that goes to the labels.


Quote
Bosco wrote:
"Fair use" is actually a legal defense against copyright infringement. It is not the right to make a backup. RTFL ("legislation") and all that... I know it's tough to understand, but ripping a CD to iTunes doesn't fall under Fair Use. It falls under the recording industry implicitly (and if you count testimosy in front of the Supremes, explicitly) consents to it.

And to say the RIAA would love for us not to be able to copy CDs for personal use... Bullshit. Bullshit. Bullshit. Did either of you call an RIAA representative to get their explanation? Doubt it...

Boucher has been on this wagon for several years. He is completely out of step with his party, which is generally better (as in favoring stronger) on IP issues than the Republicans, probably because of their strong support from creative industries, which are predominantly liberal and Democrat.

Close Name:Bosco Posts: 1002 Joined: 03 Jun 2002
Subject:

The only reason you think I contradict myself is because your reading comprehension skills are bad. You would never, ever, ever have to use a fair use defense to rip a CD into iTunes under current law. The copyright owners allows it. Therefore, they will not sue you. Therefore, no defense.

Also, FYI... CD burners and CD recordable media are not covered hy the Home Audio Recording Act. Get your facts straight.

Comment on this Article


You cannot edit your comments.   You cannot delete your comments.
Log in | Register | Having Problems? Reset TMO Cookies & Try Again
Username:   Password:   Log me on automatically each visit   

You are not logged in, and this post will appear as "Guest." Log in with your username and password from the TMO forums. If you do not have a username, you can register here.
Please note that guests are limited to including a maximum of two URLs per post.


Post A Comment
  Subject


  Your Comments



Please enter the word exactly as you see it in the image above. Registered users aren't prompted for this. Having trouble reading the image get a new one.


Recent Headlines - Updated Saturday, November 29th, 2008

Sat., 9:00 PM
Podcast - Apple Weekly Report #135: Apple Lawsuits, Banned iPhone Ad, Green MacBook Ad
Fri., 12:45 PM
Podcast - Mac Geek Gab #178: Batch Permission Changes, Encrypting Follow-up, Re-Enabling AirPort, and GigE speeds
Thu., 1:30 PM
iPO Review - Scosche kickBACK iPhone case
7:00 AM
Happy Thanksgiving from TMO!
Wed., 6:00 PM
TMO Appearances - Nancy Gravley Joins MacJury Gift Guide
5:15 PM
TMO Visits The Bay, a Premium Apple Reseller in New Zealand
3:25 PM
iPO Oh the Games You'll Play - iPhone: The Wii of Handheld Gaming Devices?
2:15 PM
Sonnet Releases Simply Fast FireWire 800 to 400 Adapter
1:10 PM
Mac Gaming News - Disney Plans 1st Annual PotC Online Thanksgiving Event
12:05 PM
iPodObserver - UK Shuts Down iPhone 3G Ad
11:15 AM
TMO Appearances - Jeff Gamet on MacJury Gift Guide
10:30 AM
TMO Contest - TMO Announces Macworld Expo Pass Winners
9:50 AM
PhotoCopy 1.1 Adds iPhoto Event Support
9:15 AM
Acclivity Buys MYOB US
8:30 AM
Review - Bento 2 Holiday Pack
7:50 AM
Microsoft Offers Black Friday Office Discount
7:30 AM
iPO Quick Tip - iPhone: Google Street View
 

The Mac Observer Reader Specials

Apple Stock Quote

  • AAPL: $90.07. Change Today: -1.34.
  • (Prices delayed up to 20 minutes.)
  • Discuss in our Apple Finance Board

Hot Topics

Top Deals From DealsOnTheWeb