[Bob in St. Louis]

Ok, I realize this is a bit over the top in the paranoia department, but.............

I was playing around on eBay's MUSIC section and ran across an auction where the sellers admits to having ripped/burnt this music and is now selling the original CD's.
I actually see this fairly regularly, but this {dork} had the balls to say;
"I've already ripped these CD's to my iPod and am selling the discs, so these aren't illegal copies you're bidding on".
 

My point to this post wasn't how big of an idiot this fella is, it was the possible ramification of purchasing from folks like this.
Worst case scenario here.....If the RIAA wanted to, they could crack down on eBay sellers who admit having ripped the content. Now, could BUYING the music also constitute breaking a law?
Think of it this way:
- What if it was prostitution, the 'buyer' is breaking the law.
- What if it was controlled substances, the buyer is again breaking the law.
- What if it was guns....you get my point.

Thoughts?

Bob

[JoshK]

I think the illegal part is solely on the seller's shoulders, not yours as you are buying the right to that CD and he is breaking the law by keeping a copy.

Classic rip n ship.

[Hicks]

No laws were broken here, it's fair use to rip Cds to your ipod (for now at least), otherwise Apple wouldn't be able to legally sell a device with the capabilities of doing so.  It's also legal to resell your Cds under fair use as well, there is no law that says you must delete your digital files once you no longer have possesion of the disc.

Now selling that ipod with the ripped music still on there, that ain't legal. 

So yeah, you're paranoid.   

[nathanm]

I'm telling!

[Rob Babcock]

I'll be if the seller bought a few Sonicrocks your memory would get a bit fuzzy.

[Bob in St. Louis]

No laws were broken here, it's fair use to rip Cds to your ipod (for now at least), otherwise Apple wouldn't be able to legally sell a device with the capabilities of doing so.  It's also legal to resell your Cds under fair use as well, there is no law that says you must delete your digital files once you no longer have possesion of the disc.

Now selling that ipod with the ripped music still on there, that ain't legal. 

So yeah, you're paranoid.   

I agree that ripping music is legal.  iPods, SqueezeBoxes and the like are base on the ability to do so. But I think it's illegal to keep your ripped copy and sell your original. Because now there's two copies....
I think.

Bob

[boead]

No laws were broken here, it's fair use to rip Cds to your ipod (for now at least), otherwise Apple wouldn't be able to legally sell a device with the capabilities of doing so.  It's also legal to resell your Cds under fair use as well, there is no law that says you must delete your digital files once you no longer have possesion of the disc.

Now selling that ipod with the ripped music still on there, that ain't legal. 

So yeah, you're paranoid.   

Not true. It is legal to make a copy to tape or disc of music you own. If you sell the original you are legally obligated to destroy the copy. This was established long, long, ago when recordable tape made its way in the consumer home.  Making copies and giving “distributing” it to a friend or relative is also illegal. Always was.
He who possesses the factory made original is the owner of the tracks. Simple as that.
Digital distribution is complex, this is why DRM was required for so long. DRM free music distribution is new and I believe it’s the responsibility of the distributor to obtain proper ownership credentials and those credentials must be kept and logged. But you can see why the music industry is so apprehensive about DRM free music distribution. Its now the job of the RIAA to police illegal re-distribution of such music. Distributing MP3 (or whatever) copies of music is entirely illegal, always will be.

[Hicks]

No laws were broken here, it's fair use to rip Cds to your ipod (for now at least), otherwise Apple wouldn't be able to legally sell a device with the capabilities of doing so.  It's also legal to resell your Cds under fair use as well, there is no law that says you must delete your digital files once you no longer have possesion of the disc.

Now selling that ipod with the ripped music still on there, that ain't legal. 

So yeah, you're paranoid.   

Not true. It is legal to make a copy to tape or disc of music you own. If you sell the original you are legally obligated to destroy the copy. This was established long, long, ago when recordable tape made its way in the consumer home.  Making copies and giving “distributing” it to a friend or relative is also illegal. Always was.
He who possesses the factory made original is the owner of the tracks. Simple as that.
Digital distribution is complex, this is why DRM was required for so long. DRM free music distribution is new and I believe it’s the responsibility of the distributor to obtain proper ownership credentials and those credentials must be kept and logged. But you can see why the music industry is so apprehensive about DRM free music distribution. Its now the job of the RIAA to police illegal re-distribution of such music. Distributing MP3 (or whatever) copies of music is entirely illegal, always will be.

Hmmm, I guess it makes sense since you don't own the license anymore, but seriously if the RIAA is gonna crack down on people that have actually paid for discs then they deserve to go out of business. 

[Gordy]

It is legal to make a copy to tape or disc of music you own. If you sell the original you are legally obligated to destroy the copy. This was established long, long, ago when recordable tape made its way in the consumer home.  Making copies and giving “distributing” it to a friend or relative is also illegal. Always was.

You must also destroy any copies if the original is lost, stolen or destroyed as well.  You must retain the original CD in order for a copy for your own personal use to be legal.  Here's the twist that I don't fully understand... should you ever declare bankruptcy you are required to destroy any copies as well.

[Bob in St. Louis]

You must also destroy any copies if the original is lost, stolen or destroyed as well.  You must retain the original CD in order for a copy for your own personal use to be legal. 

This is my understanding as well.

So....Back to my original question: Is it illegal to buy a disc when the seller admits to having kept a copy?
From what I'm gathering here........ Since you, the owner of the original disc, now hold the license then you're cleared of any wrong doing?
Right?

Bob

[bpape]

AFAIK, yes.  You have the legal copy, he does not.

Bryan

[nathanm]

Also, don't forget that if you sell an originally-issued copy of the recording you are legally obligated to forget ever having heard any of the songs once it leaves your possession.  If the composer and all performers on the recording are deceased any owners of the original factory-issued copies are required to kill themselves by law.

[bpape]

 

[Bob in St. Louis]

.......and should perform a seven layer government wipe of any hard drives the content was recorded to as well.   

Bob