[cc-community] Internet Radio - ripping.
Florian Philapitsch
florian.philapitsch at wu-wien.ac.at
Mon Aug 13 11:24:33 EDT 2007
Hello Pawel,
this is a question about burden of proof.
In these cases the burden of proof lies with the plaintiff.
It is therefore not you who has to prove that these files come from a
legal source - it is your opponent who has to submit evidence that these
files do NOT come from a legal source.
Imagine you had to prove that all the things you own, let's say your
books for example, are NOT stolen but that you have acquired them
legally. Obviously, an almost impossible task - it becomes rather clear
why the burden of proof in these cases lie with the opposing party.
cheers,
Florian
Paweł Gęga schrieb:
> Florian, Great thanks for so splendid answer.
>
> I meant European Legal Systems.
>
> But there is other situation. So, the recording of net radio streams is
> legal. After some time we will have Gigabytes of mp3 (or .ogg .wav
> etc.). How to prove that these files come from legal stream ripping
> (for personal use only). ?
>
> Best Regards from Cheltenham UK
>
> 2007/8/10, cc-community-request at lists.ibiblio.org
> <mailto:cc-community-request at lists.ibiblio.org> <
> cc-community-request at lists.ibiblio.org
> <mailto:cc-community-request at lists.ibiblio.org>>:
>
> Send cc-community mailing list submissions to
> cc-community at lists.ibiblio.org
> <mailto:cc-community at lists.ibiblio.org>
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://lists.ibiblio.org/mailman/listinfo/cc-community
> or, via email, send a message with subject or body 'help' to
> cc-community-request at lists.ibiblio.org
> <mailto:cc-community-request at lists.ibiblio.org>
>
> You can reach the person managing the list at
> cc-community-owner at lists.ibiblio.org
> <mailto:cc-community-owner at lists.ibiblio.org>
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of cc-community digest..."
>
>
> Today's Topics:
>
> 1. Internet Radio - ripping. ( Pawe? G?ga )
> 2. Re: Internet Radio - ripping. (Florian Philapitsch)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 10 Aug 2007 13:30:52 +0100
> From: " Pawe? G?ga " <gega.pawel at gmail.com
> <mailto:gega.pawel at gmail.com>>
> Subject: [cc-community] Internet Radio - ripping.
> To: cc-community at lists.ibiblio.org
> <mailto:cc-community at lists.ibiblio.org>
> Message-ID:
> <dc5305c80708100530l1bde890eqf8281d85d878b5a1 at mail.gmail.com
> <mailto:dc5305c80708100530l1bde890eqf8281d85d878b5a1 at mail.gmail.com>>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Hi all,
>
> I am interested in archiving my favorite online (only on line) radio
> using
> ripping software , but what about copyrights ?
> Can I do this for personal use - not distribution. Its like
> recording radio
> on MC.
>
> Thanks for help,
>
> Pawel
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> http://lists.ibiblio.org/pipermail/cc-community/attachments/20070810/6dbeaa26/attachment-0001.htm
>
> ------------------------------
>
> Message: 2
> Date: Fri, 10 Aug 2007 15:53:49 +0200
> From: Florian Philapitsch < florian.philapitsch at wu-wien.ac.at
> <mailto:florian.philapitsch at wu-wien.ac.at>>
> Subject: Re: [cc-community] Internet Radio - ripping.
> To: cc-community at lists.ibiblio.org
> <mailto:cc-community at lists.ibiblio.org>
> Message-ID: <46BC6DED.8060304 at wu-wien.ac.at
> <mailto:46BC6DED.8060304 at wu-wien.ac.at>>
> Content-Type: text/plain; charset=UTF-8
>
> Hi Pawel,
>
> since you did not ask for a specific legal system, I will try and give
> you a European answer.
> At least in Europe, streamripping has not been getting much attention
> from a legal standpoint.
> Here are some points to consider from the European viewpoint, phrased in
> two kinds of answer. The first answer is, of course, my personal view,
> leaves no wiggle-room whatsoever and will earn me my place in Jurist
> Hell. I therefore urge you to read the second answer as well :)
>
> 1. The Short Answer:
> In Europe, streamripping can be considered legal.
>
> 2. The Jurist's Answer:
> Well, it depends :)
> If you consider Streaming as broadcasting, the recording of that stream
> should be legal as long as it is for private use and for ends that are
> neither directly nor indirectly commercial. (cf Art 5 (2) lit b
> EU-Copyright-Directive). Several things have to be kept in mind here.
> "Private Use" in the sense of the Directive is extremely narrow. Also,
> if there is DRM involved and you circumvent this, the streamripping is
> no longer covered by the exemptions of copyright.
> If you consider Streaming as "making available", you face even more
> problems, since you have to decide if the right of "making available" is
> a special form of public performance or a special combination of copying
> and distributing. Alas, the Directive does not provide an answer there.
> However, in my personal opinion, streaming is NOT a form of making
> available but a form of broadcasting. And since the recording (or, to be
> precise, copying) of a broadcast for private and non-commercial purposes
> falls under the boundaries of copyright, streamripping can be
> considered
> legal. In other words - (at this point) streamripping could be
> considered the legal alternative to filesharing (if you consider
> filesharing to be illegal). Problems arise, of course, if your legal
> system has a rule considering private copying from an evidently illegal
> source (like the German Copyright Law) - then you'd have to consider
> also the stream you are ripping...
>
> Please bear in mind that this answer applies to the EU legal systems
> only, also it does not take into account the possibility that a member
> state has decided to choose a totally different way.
>
> cheers from Vienna,
> Florian
>
> Pawe? G?ga schrieb:
> > Hi all,
> >
> > I am interested in archiving my favorite online (only on line) radio
> > using ripping software , but what about copyrights ?
> > Can I do this for personal use - not distribution. Its like recording
> > radio on MC.
> >
> > Thanks for help,
> >
> > Pawel
> >
> >
> >
> ------------------------------------------------------------------------
> >
> > _______________________________________________
> > cc-community mailing list
> > cc-community at lists.ibiblio.org <mailto:cc-community at lists.ibiblio.org>
> > http://lists.ibiblio.org/mailman/listinfo/cc-community
>
>
> ------------------------------
>
> _______________________________________________
> cc-community mailing list
> cc-community at lists.ibiblio.org <mailto:cc-community at lists.ibiblio.org>
> http://lists.ibiblio.org/mailman/listinfo/cc-community
> <http://lists.ibiblio.org/mailman/listinfo/cc-community>
>
>
> End of cc-community Digest, Vol 39, Issue 9
> *******************************************
>
>
>
> ------------------------------------------------------------------------
>
> _______________________________________________
> cc-community mailing list
> cc-community at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-community
More information about the cc-community
mailing list