[advocacy] DRM in OGG - A Proposal

[Daniel James]

> >It doesn't say that on the CD. I think it's more a case of custom and
> >practice
> >than legal rights. 

> Actually, there are specific legal rights to this, codified in the AHRA
> (Audio Home Recording Act of 1992) and 17 USC 107, also known as the "Fair
> Use Doctrine."

While US law does not yet apply in every country, I think this particular law 
may have been superceded by newer US laws that specifically deny the right to 
circumvent copy protection. So you could only claim a fair use defence with 
pre-DRM media, perhaps even excluding the new wave of non-standard audio 
CD's. 

My point was that while various governments may have made rules on fair use, 
the content industry has never granted music listeners these rights. If we 
consider the small print on a CD equivalent to a EULA, then any supposed 
legal rights of the listener have little weight.

In practice, it seems any form of digital redistribution can attract the 
attention of the record label lawyers. Many of the early music download sites 
were non-commercial and were operated by 'consumers', and yet they were still 
threatened with prosecution. 

Cheers

Daniel
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