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Is this legal or not?


Lemonade

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I have a CD copy of OK Computer by Radiohead that I bought way back when. Due to extreme overplaying, it's now scratched to fuck and doesn't play anymore.

So I downloaded a torrent of the album off Torrentspy, which I know is of questionable legality, but i thought that if I had a copy of the CD that I had paid for then it was OK? Or am I just talking bollocks? I just want to know.

Thanks

B.E.

(disclaimer: Brother Elwood does not condone illegally downloading music. Don't do it kids, it's killing the music industry)

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I know when I used to download Megadrive games for my old Megadrive emulator, the FAQs on the download site claimed it was entirely legal to download the games provided you already possesed a cartridge of the game which you had paid for, as by buying it you had also bought a 'license' to play the game. Thus if you wanted to download it and do it on a PC instead of a Megadrive then that was OK.

I also know that if you buy a CD, you are legally allowed to make 1 copy of it as a backup copy for your own use (ie in case yours gets destroyed in a fire), so I think downloading a copy for the same reason would be OK. I can use the argument that I wanted an MP3 backup to put on my iPod, which is just the same as me popping the CD in my computer and ripping it and putting it on my iPod, which is entirely legal.

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I know when I used to download Megadrive games for my old Megadrive emulator, the FAQs on the download site claimed it was entirely legal to download the games provided you already possesed a cartridge of the game which you had paid for, as by buying it you had also bought a 'license' to play the game. Thus if you wanted to download it and do it on a PC instead of a Megadrive then that was OK.

I also know that if you buy a CD, you are legally allowed to make 1 copy of it as a backup copy for your own use (ie in case yours gets destroyed in a fire), so I think downloading a copy for the same reason would be OK. I can use the argument that I wanted an MP3 backup to put on my iPod, which is just the same as me popping the CD in my computer and ripping it and putting it on my iPod, which is entirely legal.

"Many people are not aware that copying CD's that they own to their MP3 player is actually illegal in the UK. Despite there being a wealth of software tools, such as iTunes, that are designed to do just that."Tracy and Matt's Blog - Calls to make CD copying legal

Also

"Indivuals who make a copy of a copyrighted DVD, CD or music file, whether for back-up or for use on another device such as an MP3 player, are committing a crime" Copyright law catches up with UK surfers - vnunet.com

Morally right but, it appears, legally wrong. I don't think any record company is going to go to the trouble and expense of suing you over it though.

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That's total bollocks imo.

If you buy the CD and it's broken to hell; sure, download it.

Radiohead aren't going to die out anytime soon.

...and, this uploading CDs to your PC being illegal is actually taking the piss.

What the fuck?

Although, I feel bad if I download something and then don't buy albums of their's/go to their gigs.

I need to feel like I'm at least TRYING to support the band in some way.

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"Many people are not aware that copying CD's that they own to their MP3 player is actually illegal in the UK. Despite there being a wealth of software tools, such as iTunes, that are designed to do just that."Tracy and Matt's Blog - Calls to make CD copying legal

Also

"Indivuals who make a copy of a copyrighted DVD, CD or music file, whether for back-up or for use on another device such as an MP3 player, are committing a crime" Copyright law catches up with UK surfers - vnunet.com

Morally right but, it appears, legally wrong. I don't think any record company is going to go to the trouble and expense of suing you over it though.

I'm very surprised to read that. So even if you own a fully functioning brand new CD, the only way to stay on the right side of the law is to download it again off iTunes? man that sucks.

That's total bollocks imo.

If you buy the CD and it's broken to hell; sure, download it.

Radiohead aren't going to die out anytime soon.

...and, this uploading CDs to your PC being illegal is actually taking the piss.

What the fuck?

Although, I feel bad if I download something and then don't buy albums of their's/go to their gigs.

I need to feel like I'm at least TRYING to support the band in some way.

I sometimes download a few songs off an album until I hear whether it's good or not. if it sounds good I go out and buy the album. What's wrong with 'try before you buy'? Mind you I then rip the album and put it on my ipod, which it turns out is illegal as well!

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not surprised it's illegal. wouldn't worry, nobody's going to sue you for one cd, of course.

incidently, with regards to the mega drive ROMs, i'd guess they were illegal even if you owned the games, since most ROM sites tended not to last very long, as far as i found... although emulators were easy to get oddly enough.

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I download heaps of albums for free, burn them onto discs, print the artwork out and get my team of malnourished slave children to stick on the stickers and fold the sleeves before I sell them for 5 an album. It's a tidy wee side earner.

I buy the CDs of the bands I really like though so I don't feel like I'm doing any wrong.

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"Indivuals who make a copy of a copyrighted DVD, CD or music file, whether for back-up or for use on another device such as an MP3 player, are committing a crime" Copyright law catches up with UK surfers - vnunet.com

Youtube is weird for this. The premise of it is something like: "you can go swim in your neighbours pool until he tells you not too!" (altho clips on YouTube have more fringe benefits for the "neighbour" than you just "swimming in their pool")

Viacom (owns MTV) is currently suing Google for $1Billion due to copyrighted material and has asked them to remove 100,000s of clips - but I cant see it coming to anything and is probably more of a bargaining tool to get a better deal with them in the future. Other media groups, like the BBC, have agreements with Youtube (of some sort I think). For example the BBC has started using Youtube to play trailers for new shows.

or something like this.....

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In too much of a rush to check the links, but I always thought you can copy the cd for your own personal use.

"Many people are not aware that copying CD's that they own to their MP3 player is actually illegal in the UK. Despite there being a wealth of software tools, such as iTunes, that are designed to do just that."Tracy and Matt's Blog - Calls to make CD copying legal

Also

"Indivuals who make a copy of a copyrighted DVD, CD or music file, whether for back-up or for use on another device such as an MP3 player, are committing a crime" Copyright law catches up with UK surfers - vnunet.com

Morally right but, it appears, legally wrong. I don't think any record company is going to go to the trouble and expense of suing you over it though.

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In too much of a rush to check the links, but I always thought you can copy the cd for your own personal use.

It does say on each CD "Unauthorised copying,[loads of other stuff] is prohibited" and it appears that the amount of copies of a CD the record companies authorise you to make is 0.

On the bright side it also appears that no record company would ever try to prosecute someone for having a CD then putting a copy on their computer and their MP3 player because although any judge would rule for the record companies, if it went to a jury trial they'd probably lose.

Personally I think the law should be changed to allow people to have a copy on one computer in their home and one portable media player that they own. Everyone who owns a computer has probably done this and I don't think the vast majority of people see it as morally wrong; and I don't see how it could possibly harm the profits of record companies and their artists.

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The question is; why didn't you put it on your computer before it broke?

The only reason I put all my music on my PC is because sitting with a CD player and changing CDs and stuff just takes so much effort.

It's nice to just have EVERYTHING in front of you so that you can quickly skip songs and stuff.

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The question is; why didn't you put it on your computer before it broke?

The only reason I put all my music on my PC is because sitting with a CD player and changing CDs and stuff just takes so much effort.

It's nice to just have EVERYTHING in front of you so that you can quickly skip songs and stuff.

I kinda did, the CD still sort of almost plays on my stereo, but skips a bit, but when I put it onto my iPod, the MP3s it just makes horrible clicky scratchy noises all the way through, that was when I decided it may be time to get another copy.

Anyway fuck it, I've downloaded a copy now, and I don't give a tolly if it's legal or not, so there, Mr Parlophone legal man.

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Guest Savant
The question is; why didn't you put it on your computer before it broke?

The only reason I put all my music on my PC is because sitting with a CD player and changing CDs and stuff just takes so much effort.

It's nice to just have EVERYTHING in front of you so that you can quickly skip songs and stuff.

Too much effort.

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From what I've always gathered, if you own a CD, you have the right to make as many copies as you like for personal use: e.g. burn an extra copy to listen to in the car or something - so long as you own the original disc. So, going on that principal, I'd say it SHOULD be legal, but couldn't tell ya for sure. But I'm pretty sure it ISN'T illeagal to download MP3s for a trial period of 24 hours, so just burn your ripped MP3s onto a disc, and delete them off your computer and you should be clean as a whislte, with a nice shiney new copy of the album. :up:

Mick

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From what I've always gathered, if you own a CD, you have the right to make as many copies as you like for personal use: e.g. burn an extra copy to listen to in the car or something - so long as you own the original disc.

That's pretty much what the EU Copyright Directive (2003) says you can't do.

So, going on that principal, I'd say it SHOULD be legal, but couldn't tell ya for sure. But I'm pretty sure it ISN'T illeagal to download MP3s for a trial period of 24 hours, so just burn your ripped MP3s onto a disc, and delete them off your computer and you should be clean as a whislte, with a nice shiney new copy of the album. :up:

Mick

It's illegal to make a copy; if you download a song (the original one still exists, therefore your one is a copy) without the authorisation of the copyright holder you're breaking copyright law.

(Don't do it kids!)

Right, now I've fulfilled my obligation as a responsible citizen....

I agree on the SHOULD though. If I buy a CD I want to be able to play it on my CD/DVD player, my computer hard disk and my MP3 player, which would be portable CD player (therefore playing the original) if it was just as convenient to lug about 20 CDs and something that skips every fifth step.

I've paid for the right to listen to the songs, why can't I choose how and when I listen to them?

Ollie summed it up, the law is years behind the technology.

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