Re: [tlug] OT: government getting ready to inspect your iPod, laptop without probable cause

["Stephen J. Turnbull" <stephen@example.com>]

David J Iannucci writes:

 > I'm sure it's legal to rip your own legitimately purchased CDs for use
 > in portable players... I'm pretty sure that's true in the US anyway...

Title 17, Chapter 10, Subchapter D, Section 1008:

    Subchapter D Prohibition on Certain Infringement Actions,
    Remedies, and Arbitration

    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.

It's the last three lines that are relevant.  This was added by the
Audio Home Recording Act of 1992 (there's a Wikipedia article on it).
HOWEVER, it does not define device.  In RIAA v. Diamond Multimedia the
bad guys^W^Wplaintiff maintained that device designed for use with a
PC is not exclusively a audio recording device and it's definitely not
analog, so is not protected under this section.  The court disagreed,
but according to Wikipedia the language it used may not constitute a
binding precedent.  Then again it may.  Life is risky.

 > so if you say you own the CDs, how can they possibly prove otherwise?

They can make you cough the physical media and/or purchase receipts up
in court, of course.  If you don't have most of them, you lose on
anything you can't show you purchased.  If you do have the great
majority, I would suppose that the court would berate you for
carelessness but admit that "my dog ate them" is a reasonable excuse
for lacking 3 out of 237 discs. :-)