[musictlk] question about itunes
brother Timothy Clark
theblindguitarist1992 at gmail.com
Wed Dec 24 01:47:25 UTC 2014
i can’t blame you.
Brother Timothy Clark
feel free to check out the world of KC3CDU at
http://www.kc3cdu.blogspot.com
please check out my ministries page at
http://www.timothyclarkministries.blogspot.com
On Tevet 1, 5775 AM, at 17:22, David Andrews <dandrews at visi.com> wrote:
> As the list owner I am telling you that we can not, and will not be put in the position of promoting illegal activities. Whether or not you agree, the law is the law.
>
> David Andrews, List Owner
>
> At 01:40 PM 12/23/2014, you wrote:
>> oh good grief. the usual scare tactics from the RIAA. Brother Timothy Clark feel free to check out the world of KC3CDU at http://www.kc3cdu.blogspot.com please check out my ministries page at http://www.timothyclarkministries.blogspot.com On Tevet 1, 5775 AM, at 11:58, Kaiti Shelton via musictlk <musictlk at nfbnet.org> wrote: > Just to clear up any confusion, I've copied this from the RIAA's web site. > > The Law > > > Unauthorized Copying is Against the Law > > Copyright law protects the value of creative work. When you make > unauthorized copies of someone’s creative work, you are taking > something of value from the owner without his or her permission. Most > likely, you’ve seen the FBI warning about unauthorized copying at the > beginning of a movie DVD. Though you may not find these messages on > all compact discs or music you’ve downloaded from the Internet, the > same laws apply. Federal law provides severe civil and criminal > penalties for the unauthorized reproduction, distribution, rental or > digital transmission of copyrighted sound recordings. (Title 17, > United States Code, Sections 501 and 506). > > What the Law Says and What it Means > > Making unauthorized copies of copyrighted music recordings is against > the law and may subject you to civil and criminal liability. A civil > law suit could hold you responsible for thousands of dollars in > damages. Criminal charges may leave you with a felony record, > accompanied by up to five years of jail time and fines up to $250,000. > You may find this surprising. After all, compact discs may be easily > be copied multiple times with inexpensive CD-R burning technology. > Further, when you’re on the Internet, digital information can seem to > be as free as air. U.S. copyright law does in fact provide full > protection of sound recordings, whether they exist in the form of > physical CD’s or digital files. Regardless of the format at issue, > the same basic principle applies: music sound recordings may not be > copied or distributed without the permission of the owner. > > What the Courts Have to Say > > A long series of court rulings has made it very clear that uploading > and downloading copyrighted music without permission on P2P networks > constitutes infringement and could be a crime. > > Common Examples of Online Copyright Infringement: > â—¦You make an MP3 copy of a song because the CD you bought expressly > permits you to do so. But then you put your MP3 copy on the Internet, > using a file-sharing network, so that millions of other people can > download it. > â—¦Even if you don’t illegally offer recordings to others, you join a > file-sharing network and download unauthorized copies of all the > copyrighted music you want for free from the computers of other > network members. > â—¦In order to gain access to copyrighted music on the computers of > other network members, you pay a fee to join a file-sharing network > that isn’t authorized to distribute or make copies of copyrighted > music. Then you download unauthorized copies of all the music you > want. > â—¦You transfer copyrighted music using an instant messenging service. > â—¦You have a computer with a CD burner, which you use to burn copies of > music you have downloaded onto writable CDs for all of your friends. > â—¦Somebody you don’t even know e-mails you a copy of a copyrighted song > and then you turn around and e-mail copies to all of your friends. > > Do The Crime, Do The Time > If you do not have legal permission, and you go ahead and copy or > distribute copyrighted music anyway, you can be prosecuted in criminal > court and/or sued for damages in civil court. > â—¦Criminal penalties for first-time offenders can be as high as five > years in prison and $250,000 in fines. > â—¦Civil penalties can run into many thousands of dollars in damages and > legal fees. The minimum penalty is $750 per song. > > The "No Electronic Theft Law" (NET Act) is similar on copyright > violations that involve digital recordings: > â—¦Criminal penalties can run up to five years in prison and/or $250,000 > in fines, even if you didn’t do it for monetary or financial or > commercial gain. > â—¦If you did expect something in return, even if it just involves > swapping your files for someone else’s, as in MP3 trading, you can be > sentenced to as much as five years in prison. > â—¦Regardless of whether you expected to profit, you’re still liable in > civil court for damages and lost profits of the copyright holder. > â—¦Or the copyright holders can sue you for up to $150,000 in statutory > damages for each of their copyrighted works that you illegally copy or > distribute. > > If you make digital copies of copyrighted music on your computer > available to anyone through the Internet without the permission of the > copyright holder, you’re stealing. And if you allow a P2P file-sharing > network to use part of your computer’s hard drive to store copyrighted > recordings that anyone can access and download, you’re on the wrong > side of the law. > > Having the hardware to make unauthorized music recordings doesn’t give > you the right to steal. Music has value for the artist and for > everyone who works in the industry. > > What the Courts Have to Say About Illegal Uploading and Downloading… > …and Copyrighighted Sound Recordings: > > "As stated by Record Company Plaintiffs in their brief, "Aimster > predicates its entire service upon furnishing a 'road map' for users > to find, copy, and distribute copyrighted music." …We agree. > Defendants [Aimster] manage to do everything but actually steal the > music off the store shelf and hand it to Aimster's users." > Aimster Copyright Litigation. 01-C-8933, MDL # 1425 (Memorandum > Opinion and Order, September 4, 2002). > > "…they [Aimster] apparently believe thatt the ongoing, massive, and > unauthorized distribution and copying of Record Company Plaintiffs' > copyrighted works by Aimster's end users somehow constitutes "personal > use.’ This contention is specious and unsupported by the very case on > which Defendants rely." > Aimster Copyright Litigation. 01-C-8933, MDL # 1425 (Memorandum > Opinion and Order, September 4, 2002). > > "Napster users infringe at least two of the copyright holders’ > exclusive rights . . . .Napster users who upload file names to the > search index for others to copy violate plaintiffs’ distribution > rights. Napster users who download files containing copyrighted music > violate plaintiffs’ reproduction rights….[V]irtually all Napster users > engagge in the unauthorized downloading or uploading of copyrighted > music . . ." > A & M Records v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). > > "Although defendant [MP3.com] seeks to portray its service as the > ‘functional equivalent’ of storing its subscribers’ CDs, in actuality > defendant is re-playing for the subscribers converted versions of the > recording it copied, without authorization, from plaintiffs’ > copyrighted CDs. On its face, this makes out a presumptive case of > infringement under the Copyright Act . . . ." > UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 (S.D.N.Y. 2000). > > …and Copyrighted Images: > "Distributing unlawful copiees of a copyrighted work violates the > copyright owner’s distribution right and, as a result, constitutes > copyright infringement. . . . . [Unlawful distribution occurs where] > [f]iles of [copyrighted] information are stored in the central system, > and subscribers may either ‘download’ information into > their[computers] or ‘upload’ information from their home units into > the central files . . . ." > Playboy Enterprises v. Russ Hardenburgh, Inc., 982 F. Supp. 503 (N.D. > Ohio 1997). > > "[The Copyright Act] provides that an owner of a copyrighted work has > the exclusive right to reproduce the work in copies . . . [and] to > distribute copies of the work to the public . . . . [A]nyone who > violates any of the exclusive rights of the copyright owner … is an > infringer oof the copyright." > Playboy Enterprises v. Webbworld Inc., 991 F. Supp. 543 (N.D. Tex. 1997). > > …and Copyrighhted Software: > "Uploading is copying. Downloading is also copying. Unauthorized > copying is an unauthorized use that is governed by the copyright laws. > Therefore, unauthorized uploading and unauthorized downloading are > unauthorized uses governed by the copyright laws . . . ." > Ohio v. Perry, 83 Ohio St. 3d 41, 697 N.E.2d 624 (Ohio 1998). > > "The unauthorized copying of copyrighted computer programs is . . . an > infringement of the copyright . . . . [U]nauthorized copies . . . are > made when such games are uploaded to the BBS [Bulletin Board Service] > . . . [and] when they are downloaded to make additional copies by > users . . . ." > Sega Enterprises v. MAPHIA, 857 F. Supp. 679 (N.D. Cal. 1994). > > "‘[C]opying,’ for the purposes of copyright law, occurs when a > computer program is transferred from a permanent storage device to a > computer's random access memory. In this case, copies were made when > the Sega game files were uploaded to or downloaded from [the > defendant’s] BBS [Bulletin Board Service]." > Sega Enterprises. v. Sabella, 1996 U.S. Dist. LEXIS 20470 (N.D. Cal. 1996). > > …and Copyrighhted Text: > "Defendant Free Republic is a ‘bulletin board’ website whose members > use the site to post news articles to which they add remarks or > commentary . . . . The Plaintiffs' [Los Angeles Times and Washington > Post] complaint alleges that unauthorized copying and posting of the > articles on the Free Republic site constitutes copyright infringement > . . . . [P]laintiffs' motion for summary adjudication with respect to > fair use is granted . . . ." > L.A. Times v. Free Republic, 2000 U.S. Dist. LEXIS 5669 (C.D. Cal. 2000). > > "When a person browses a website, and by so doing displays the > [copyrighted] Handbook, a copy of the Handbook is made in the > computer's random access memory (RAM), to permit viewing of the > material. And in making a copy, even a temporary one, the person who > browsed infringes the copyright. Additionally, a person making a > printout or re-posting a copy of the Handbook on another website would > infringe plaintiff's copyright." > Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc., 75 F. > Supp. 2d 1290 (D. Utah 1999). > > When It Comes to Copying Music, What’s Okay … And What’s Not: > > Technology has made digital ccopying easier than ever. But just because > advances in technology make it possible to copy music doesn’t mean > it’s legal to do so. Here are tips on how to enjoy the music while > respecting rights of others in the digital world. Stick with these, > and you’ll be doing right by the people who created the music. > > Internet Copying > â—¦It’s okay to download music from sites authorized by the owners of > the copyrighted music, whether or not such sites charge a fee. > â—¦Visit our list of Legal Music Sites or Music United for a list of a > number legal and safe sites where permission is granted and content is > available for downloading. > â—¦It’s never okay to download unauthorized music from pirate sites (web > or FTP) or peer-to-peer systems. Examples of peer-to-peer systems > making unauthorized music available for download include: Ares, > BitTorrent, Gnutella, Limewire, and Morpheus. > â—¦It’s never okay to make unauthorized copies of music available to > others (that is, uploading music) on peer-to-peer systems. > > Copying CDs > â—¦It’s okay to copy music onto an analog cassette, but not for > commercial purposes. > â—¦It’s also okay to copy music onto special Audio CD-R’s, mini-discs, > and digital tapes (because royalties have been paid on them) but, > aggain, not for commercial purposes. > â—¦Beyond that, there’s no legal "right" to copy the copyrighted music > on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or > transferring a copy onto your computer hard drive or your portable > music player, won’t usually raise concerns so long as: > â—¦The copy is made from an authorized original CD that you legitimately own > â—¦The copy is just for your personal use. It’s not a personal use in > fact, it’s illegal to give away the copy oy or lend it to others for > copying. > > â—¦The owners of copyrighted music have the right to use protection > technology to allow or prevent copying. > â—¦Remember, it’s never okay to sell or make commercial use of a copy > that you make. > > Are there occasionally exceptions to these rules? Sure. A "garage" or > unsigned band might want you to download its own music; but, bands > that own their own music are free to make it available legally by > licensing it. And, remember that there are lots of authorized sites > where music can be downloaded for free. Better to be safe than sorry > don’t assume that downloaading or burning is legal just because > technology makes it possible. > > Enjoy the music. By doing the right thing, you’ll be doing your part > to make sure that the music keeps coming. > > * This site is intended to educate consumers about the issues > associated with the downloading, uploading and consumer copying of > music. It is not intended to offer legal advice or be a comprehensive > guide to copyright law and the commercial uses of music. > > > http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law > > On 12/23/14, Amy Billman via musictlk <musictlk at nfbnet.org> wrote: >> I too agree with Dave. Besides, he is the list owner and can choose what >> topics are ok to discuss... >> How you're going to use it is irrellevant. What your cousin is going to do >> with it is as well, irrelevant. >> Point being, he rightfully slapped your hand and you're continuing to >> clutter an already high traffic list with something that's not quite on >> topic. >> Burn the cD if you choose; that one's on you, but up to you to research and >> figure out how; for a change, especially if you're not getting your desired >> answers from the list members. >> >> >> -----Original Message----- >> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of Jordan >> Gallacher via musictlk >> Sent: Monday, December 22, 2014 4:35 PM >> To: 'Linda Mentink'; 'Music Talk Mailing List' >> Subject: Re: [musictlk] question about itunes >> >> Na. Burn it to a blank cd if that is what you want to do. Since it is not >> for commercial use, no problem with doing that. >> Jordan >> >> -----Original Message----- >> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of Linda >> Mentink via musictlk >> Sent: Monday, December 22, 2014 3:55 PM >> To: Kelsey Nicolay; Music Talk Mailing List >> Subject: Re: [musictlk] question about itunes >> >> Kelsey, >> >> I agree with Dave on this one. Your cousin should buy the CD. >> >> Blessings, >> >> Linda >> >> At 06:31 PM 12/21/2014, you wrote: >>> Hello, >>> I know this isn't exactly related to being a musician, but maybe >>> someone on this list can help. I recently purchased a CD that I >>> imported into itunes. My cousin wants me to burn her a copy, but I'm >>> not experienced with this at all. I use itunes 11 with JAWS 16 without >>> any scripts. Is it possible for me to use itunes to accomplish this >>> since windows media player and itunes do not work together very well. >>> Could someone explain how to burn a cd in itunes using jaws? I know I >>> probably have to somehow select the tracks I want, but beyond that, I >>> have no idea what to do. My dad said he'd help me, but he's super busy >>> with work. So if someone could please explain it including the JAWS >>> commands I need to use. Or can this not be done using JAWS and >>> therefore I would need sighted help? >>> Thank you, >>> Kelsey Nicolay >>> P.S. I'm using itunes on a pc running windows 7 professional. >> >> >> >> >>
>
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