My MP3 collection - could I be accused of file sharing
#1
My MP3 collection - could I be accused of file sharing
Following on from the piracy / file sharing discussion thread.
I have my entire collection of CD - all of which have been bought and paid for, stored on a server in my home as MP3 files. I can stream these to various rooms in my home, and can copy them down to my mp3 player / blackberry.
Here is my dilemma.
When I am working away from home, on occasions I have thought it would be nice to connect to my server and download a copy of whatever I feel like listening to at the time.
The solution for doing this is easily implemented, but would this be considered file sharing putting me on the wrong side of the music industry and more importantly the law?? There would obviously be measures put in place to protect my collection and home network, but would this be sufficient in the eyes of the law to ensure only I had access??
Interested in your views and comments - especially those with experience on the legal side of things.
I have my entire collection of CD - all of which have been bought and paid for, stored on a server in my home as MP3 files. I can stream these to various rooms in my home, and can copy them down to my mp3 player / blackberry.
Here is my dilemma.
When I am working away from home, on occasions I have thought it would be nice to connect to my server and download a copy of whatever I feel like listening to at the time.
The solution for doing this is easily implemented, but would this be considered file sharing putting me on the wrong side of the music industry and more importantly the law?? There would obviously be measures put in place to protect my collection and home network, but would this be sufficient in the eyes of the law to ensure only I had access??
Interested in your views and comments - especially those with experience on the legal side of things.
Last edited by tarmac terror; 03 January 2010 at 03:20 PM.
#2
To be honest mate if its your music its on your server and your sharing it with nobody but yourself i wouldt worry about it the prosecutors have easier targets there then some one that's listening to there own music on another computer.
IMHO i wouldn't spend another second even entertaining the idea of copyright infringement, even if it does brake it as i said before easier targets.
IMHO i wouldn't spend another second even entertaining the idea of copyright infringement, even if it does brake it as i said before easier targets.
#3
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Just to play devil's advocate here, but the above is the very reason why you may worry. The fact that it may be so easy to prove that you were *file sharing*, albeit with yourself, effectively. The easy prosecution works every time for the lot in charge of the madhouse at the moment. IMHO of course ....
Dave
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I'm not sure why, but the phrase "Making Available" pops into my head as a possible legal grounding for prosecution (I'm not a lawyer though), as you are technically sharing the files and thus making them available to others, even though in this case it's just you.
I can see the scum... sorry, lawyers, arguing that you're not allowed to do this and regardless of the measures put in place to secure things, the files are still available. Not sure what would happen if you could provide evidence, ie logs, detailing whom was connected to the share, what was copied and where to and when, and then be able to tie this up by MAC address/IP address, and possibly other location information to prove the machine accessing the files was your machine (say a laptop) and not someone else's.
So, technically, yes, in the eyes of the record companies and their legal team, you are probably a very very naughty boy for sharing the files and you should be damned to hell for all eternity for this. However, in reality, you're not "seeding" the files in the same manner as with torrents and the only person who knows about the share and the data on it is you, and the only one who can access it is you, then it's invisible to everyone else so who would know to look for it.
I can see the scum... sorry, lawyers, arguing that you're not allowed to do this and regardless of the measures put in place to secure things, the files are still available. Not sure what would happen if you could provide evidence, ie logs, detailing whom was connected to the share, what was copied and where to and when, and then be able to tie this up by MAC address/IP address, and possibly other location information to prove the machine accessing the files was your machine (say a laptop) and not someone else's.
So, technically, yes, in the eyes of the record companies and their legal team, you are probably a very very naughty boy for sharing the files and you should be damned to hell for all eternity for this. However, in reality, you're not "seeding" the files in the same manner as with torrents and the only person who knows about the share and the data on it is you, and the only one who can access it is you, then it's invisible to everyone else so who would know to look for it.
#5
Only too aware of it. I once filled my car at what seemed like a reputable filling station, paid 70p per litre which at the time was the going rate for diesel. It was a garage offering attended service as many rural filling stations do. When stopped at a roadside checkpoint two weeks later, my tank was full of laundered red diesel. It was me who had my car impounded and it was me who had to pay the fine.
#6
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When I was checking on the web about the definition for downloading being classed as theft, it came up with converting your own collection to mp3 is actually infringing copyright protection. I wouldn't worry about any of that as the laws that are being enforced are more about file sharing as passing the media to others is the serious offence. Your about as likely to get done for that as if you carried a back up cd of an album you own in the car.
#7
Personally I would just do it but make sure I had proof that it was just for my own usage, i.e. have your argument sorted beforehand, you have all the cd's, you can I expect demonstrate by what method you share, keep configuration information, passwords etc written down so if push came to shove you would be able to proove why you did this, the record companies are happy to sell music via the internet and avoid all the duplication, shipping, stocking warehouses full of cd's and still charge pretty much the same, they cannot take all the benefits of the digital age and not allow the consumer to legitimately do the same.
If by some outside chance arrived at court I cant see after the initial examination of the situation that they would want to pursue it, wouldnt make a good headline or publicity would it, man prosecuted for listening to music he had purchased, and besides there are millions of flagrant abusers to get through before they get to those possibly infringing some technicality in the legislation yet morally all above board.
If by some outside chance arrived at court I cant see after the initial examination of the situation that they would want to pursue it, wouldnt make a good headline or publicity would it, man prosecuted for listening to music he had purchased, and besides there are millions of flagrant abusers to get through before they get to those possibly infringing some technicality in the legislation yet morally all above board.
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When I was checking on the web about the definition for downloading being classed as theft, it came up with converting your own collection to mp3 is actually infringing copyright protection. I wouldn't worry about any of that as the laws that are being enforced are more about file sharing as passing the media to others is the serious offence. Your about as likely to get done for that as if you carried a back up cd of an album you own in the car.
Oh thats it cos the greedy ***** want you to buy another copy of something you already own!
**** THAT, if i OWN a copy i can do what i want with it, including converting it to stick it in my nas drive that sits next to the telly!
The chances of getting caught are slim to none, i wouldnt worry about it!
why would anyone buy a digital version of an album they already own just to have the convinience of having it in mp3 format, convert all the way!
copyright infringement, pah, lol!
#10
In this country, making a copy of copyrighted material without the copyright owner's consent is illegal, so any form of ripping, even transferring a bought CD to your Ipod is illegal.
That is why the current laws have lost credibility among consumers, there was supposed to be a fair use policy of some kind, but have not heard anything since
BBC NEWS | Entertainment | Copying CDs could be made legal
That is why the current laws have lost credibility among consumers, there was supposed to be a fair use policy of some kind, but have not heard anything since
BBC NEWS | Entertainment | Copying CDs could be made legal
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all the above goes to show what a joke our copywrite laws are
in effect they have not changed since the dawn of the printing press
the record industry is a joke
in effect they have not changed since the dawn of the printing press
the record industry is a joke
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Agreed but surely this is sound theory that all governments should follow?
Its naive to make this sort of thing a problem, if it does become a big problem, what will all the people with mp3 players, ipods, iphones etc do with the "copied" content? Erase it?, face prosecution?
Its naive to make this sort of thing a problem, if it does become a big problem, what will all the people with mp3 players, ipods, iphones etc do with the "copied" content? Erase it?, face prosecution?
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Unless, of course, Lord Mandy decides to change the law yet gain
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