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Originally posted by Nad Adam
But it is still legal to make a tape copy of a cd and give it to a friend, isn't that distributing?
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Music has different copywright laws than software does.
If I remember correctly, with music, you cannot make a profit on it.
But with software, you are not purchasing the software, you are purchasing a license to use the software on X number of machines. (where X is usually 1). The license does not give you the right to make copies for your friends, usually it does say you can make a copy for backup purposes only. If you install the software on multiple machines that you personally own, you are still in violation of the license agreement which was for one machine but you haven't distributed anything.
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Sound recordings and software are protected by the same copyright laws. Copyright holders of either have the same rights protected with the exception of the 6th right to digitally transmit in the case of sound recordings. (this was pushed for by RIAA lobyists to stop internet radio in it's infancy)
Making a tape copy of a cd for a friend violates several rights of copyright:
1. The exclusive right to reproduce the copyrighted work.
2. The exclusive right to distributed the copyrighted work.
And actually, since a CD has two different copyrights (1 for the actual composition and 1 for the recording thereof) you are violating (C) law 4 times with this. Under the homerecording act of (I believe) 1998, you have the right to make for your own usage a backup copy of anything that you own (legally, of course). You cannot give this away, and you cannot sell it. You cannot make this copy and then sell the origianl without either also transfering the copy or destroying it.
I think that this should answer your question. Ask if you want to know anything else. If I ever find my legal book, I'll start citing court cases and the actual statutes.
