"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.

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.

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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.

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.