3 ms·
I think gamblor is conflating the commercial publisher's responsibility to pay for each format commercially offered separately (they can only make commercial di
by yebyen 6y ago
I think gamblor is conflating the commercial publisher's responsibility to pay for each format commercially offered separately (they can only make commercial distributions that are appropriately licensed), with the consumer's fair use right to create a backup copy of their legally obtained copy of any copyrighted media, for backup or archival.
You absolutely do not have to buy the MP3s rather than rip the CD that you own to MP3, just because they also sell MP3s and you want your archival copy to be in MP3 format. You can make them as a backup copy. (If there's no anti-circumvention device like the famous CSS encryption in your way, that is.) The publisher cannot pay once for CDs and also sell MP3s, they need a separate license for that (if that is how the author's licensing is written, granted, that's a fact.) The consumer is not bound in this way, they "paid" for their copy (presumably, if payment was needed to receive it) and they can format shift if their use passes the 4 factors balance test for fair use, (and if it is technically possible to do so, eg. without bypassing an anti-circumvention device, (thanks DMCA.))
Moreover, we are talking about youtube-dl, which is not owned by the RIAA and they have no right to take it down in this way. They can seek relief in the form of an injunction, the scope of the injunction to be determined by the courts, who would have to consider the substantial non-infringing uses of the tool; they would be unlikely to decide that vaporizing youtube-dl from orbit is the appropriate remedy.