[Gllug] Uh oh, ministers consider "anti file-sharing laws"

[amd_uk]

Jason Clifford wrote:
> On Thu, 2007-10-25 at 13:07 +0100, Alain Williams wrote:
>   
>> Hence my earlier point: If i buy a record I then have a license to a recording
>> of the album. If I choose to use a new medium (eg CD/MP3) then I am using
>> that same license for the music but have provided my own physical medium.
>>
>> The recent govt report recommended that people be allowed to create backups/copies
>> of music, etc, for personal use. My question is: if I have a license for
>> the music that came when I bought the thing on vynil, does that give me a
>> license to the same album (a re-release) on CD - so I can copy a friend's
>> CD and be legal.
>>
>> If the license is independent of the physical medium, could I replace
>> them in the event of destruction - eg my house burns down, but I can prove
>> that I had these albums, so just copy them from a mate. Is that legal ?
>>     
>
> Under UK law (both English (and thus Welsh) and Scots, it would be
> unlawful as the law does not recognise a license to the materials on the
> physical media but only the purchase of the physical media. You have
> been sold a single copy tied to that specific media. The law (Copyright,
> Designs and Patents Act) specifically forbids copying it to another
> media.
>
> Jason
>
>   
http://en.wikipedia.org/wiki/Copyright_infringement
(I acknowledge it's wiki and not to be used as the basis for almost 
anything)

Underlined bit is mine:-



"*...British law*

In British Law, any modification of data stored on a computer so that 
unauthorised access is gained to software packages, games, movies, and 
music would be a criminal offence under §3 Computer Misuse Act 1990 
<http://en.wikipedia.org/wiki/Computer_Misuse_Act_1990>. So, if a 
read-only music CD is placed in a PC drive and the contents loaded into 
the computer's memory for playing, any crack that allows the music to be 
copied and stored on the machine or an MP3 player would commit the 
offence in theory but, so far, there have been no prosecutions on this 
set of facts. More generally, §16 and 20 Copyright, Designs & Patents 
Act 1988 (as amended by the Copyright, _However this does grant the 
right to create backup copies of software, so that the original can be 
kept safe from damage, technically meaning companies must provide either 
additional discs or the means to overcome any copy protection._ and 
Trade Marks (Offences and Enforcement) Act 2002) cover copyrighted 
materials, and people who distribute and download copyrighted recordings 
without permission are liable to face civil actions for damages and 
penalties...."


As to owning the physical media. You may well, but you can't legally 
give that media to someone else if it has copyrighted material on it. If 
I own something, then surely I have the right to transfer that ownership 
fully to someone else. There are many instances where I cannot freely 
transfer ownership even though society would deem that I own it.
If you've paid off the mortgage of your house/flat and try to give it, 
for free, to one of your off-spring, the tax-man will have plenty to say 
about it as you'll probably be deemed to be avoiding tax. So, do you 
fully own your own home even once the mortgage is paid ?

So, to me, it seems as if there are at least two types of ownership, one 
where I can use it within the boundaries of the law and the other where 
I can transfer that ownership to anyone I see fit any way I chose.

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