So what's in your CD player right now?

Stephen D. Williams
Tue, 12 Mar 2002 16:14:15 -0500 (EST)

> And this time I respond publicly ;)

<My angst subsides>

>> Time-shifting for your own use is obviously completely legal.  Sharing
>> the archive that you build up using your own computer and radio is the
>> only issue.
> Remember, the court was struggling in the Sony case.  Here they had a
> quandry:  Fair use exists, and there ARE television shows taht fall
> under the purview of public domain (the court specifically mentioned
> (as i'm reading the case over again) educational, religious and sports
> events, (THaNK you Mr. Rogers!).  So the court had no desire to
> completely wipe the market of something that was being used both
> legitimately and
> illegitimately.  Time shifting was the answer, but I'm not sure it
> would apply in this case.

Wouldn't you agree that personal time shifting of radio station broadcasts,
without sharing, would be perfectly legal?


> "Notwithstanding the provisions of section 106, the fair use of a
> copyrighted work, including such use by reproduction in copies or
> phonorecords or by any other means specified by that section, for
> purposes such as criticism, comment, news reporting, teaching
> (including multiple copies for classroom use),
> [Me note:  NOW, if you could somehow convince the world that the net
> was a giant classroom... ;) -BB]

I do own (although I have yet to get enough gumption to do
anything with it).  I'm currently leaning toward a souped up Wiki engine for
this and other things.

>> RIAA would probably try to complain about sharing telemetry about song
>> start/stop, title, etc., but in this case they would have a problem
>> since the activity supported, timeshifting, is clearly legal.
> The important point also being that folks didn't hold on to their
> betamax tapes -- they watched at a later time and destroyed.  Are you
> proposing to follow the same standards?
>>The play
>> details could only be protected via a compilation copyright by the
>> radio station (or charting companies), but this seems tenuous and RIAA
>> would have no standing.
> I have no idea exactly what you're driving at here.  :-)

I'm talking about the meta-information of when, on a particular radio
broadcast, each song starts and stops and the ID of the song.  Given this
stream of information, cutting songs, for personal time shifting use without
sharing of actual copyright bits, becomes trivial in terms of personal
effort.  My comment was concerning IP attacks on this meta-data distribution.

Stephen D. Williams
43392 Wayside Cir,Ashburn,VA 20147-4622 703-724-0118W 703-995-0407Fax Dec2001