Bob Blick wrote:

> Section 1008. Prohibition on certain infringement actions
>
> No action may be brought under this title alleging infringement of
> copyright based on the manufacture, importation, or distribution of a
> digital audio recording device, a digital audio recording medium, an analog
> recording device, or an analog recording medium, or based on the
> noncommercial use by a consumer of such a device or medium for making
> digital musical recordings or analog musical recordings.


Bingo. Note "non-commercial" use. If I make a recording
of a CD I own and you make a recording of one you own,
and as friends we swap recordings one day, this is all
non-commercial. All legal.

And speaking of the judge, that is why users of Napster
were not prosecuted, they were not offenders. Napster
doesn't copy stuff, it simply allows people who already
have copies to swap them with each other with more ease.

Many times in my life a friend has given me a tape of
a good CD and I liked it so much I bought the CD for
myself. And sometimes I didn't. The same happens now
with (inferior remember!) MP3 copies of music.

The "illegal" part of Napster was that the Napster
organisation was making millions from people utilising
their services, and hence Napster organisation was
violating the "non-commercial" side of things.
Individuals are still within their rights to make
personal copies and even swap them with friends
sometimes.
-Roman

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