Replay Music legal FAQ:
Legal streaming audio recording/ripping/capturing/downloading
Is Replay Music really legal?
Replay Music is 100% legal to use -- it falls in the same category as CD ripping programs like iTunes™ and MusicMatch™, or using a VCR,
cassette tape recorder, or TiVo™ Digital Video Recorder.
Will the RIAA sue me for using Replay Music?
The RIAA will not come after you as long as you record for your own personal use. File sharing
services like Kazaa, Morpheus and the original Napster service put their users at risk, since redistributing copyrighted
content or acquiring copyrighted content that you wouldn't otherwise have access to is illegal.
If you decide to share recordings with others, post them on the Internet, or sell them, do so at your own
risk. This is definitely breaking the law.
What does the copyright law say in regard to Replay Music?
If you're really into the legal aspect of this, there are two important parts of the copyright law relating
to recordings. We've quoted the actual text of the law below, and highlighted the important parts in red.
First, the basic right of copying is outlined in section 1008:
§ 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.
Next, comes the provisions of the Digital Millennium Copyright Act (DMCA). This is often used to stop
distribution of certain copying programs. Replay Music operates
by recording what comes out of the PC speakers, using capabilities built into Windows. We don't circumvent any copy protection
systems, nor do we claim that Replay Music is designed to circumvent copy protection systems (which it isn't). The underlying
technology behind Replay Music has been in use since at least 1999.
Below is the important part of the DMCA as it relates to copying and circumventing copy protection systems:
§ 1201. Circumvention of copyright protection systems2
(2) No person shall manufacture, import, offer to the public, provide, or otherwise
traffic in any technology, product, service, device, component, or part thereof, that —
(A) is primarily designed or produced for the purpose of circumventing a technological
measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent
a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person
with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected
under this title.
(3) As used in this subsection —
(A) to “circumvent a technological measure” means to descramble a scrambled
work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure,
without the authority of the copyright owner; and
(B) a technological measure “effectively controls access to a work”
if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment,
with the authority of the copyright owner, to gain access to the work.
What's in store for the future of Digital Music?
The next version of Windows, called the "Next Generation Secure Computing Base" (NGSCB), will have
some very radical security, accountability and anti-copying provisions built into it. The NGSCB is a cornerstone of the
"Trusted Computing Group", a consortium consisting of Microsoft, Intel and other entertainment and technology
companies.
Our hope for the future of music is that the record labels will find a way to make it easy and convenient for people
to enjoy music in a reasonable, cost effective fashion. Services like Yahoo! Music Unlimited, iTunes Music Store,Napster, Rhapsody, are a great start, but don't address the desire for people to listen away from their PCs.
We don't expect any big changes in the way music is distributed to happen anytime soon. So in the meantime,
enjoy Replay Music as a way to discover new music, and be sure to support the artists by buying tracks or CDs of the songs you really like.
Note: Replay Music is not intended for use in circumventing copy protection mechanisms or for making illegal copies of copyrighted content. Please respect the rights of the content owners when recording.
Hint: Looking for an easy way to convert Youtube to MP3 or download YouTube Videos? Try Freecorder.
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