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You know what's kinda funny? Back in the day when you bought a bootleg, you bought it from some guy with an awfully stuffy trenchcoat in some weird lot, or an independent shop. You handed over the bills, you walked away record in hand, and that was it. The person selling it also usually was not involved in its production and is more of a distributor. Zero risk on your behalf, unless you happened to be spotted by a wandering officer of the law.

You are all openly discussing the purchase of bootlegs on a publicly viewable forum - bootlegs which are you are purchasing directly from the producer. Who is a U.S. based individual, whose identity is already known, and is already experiencing the start of the legal troubles he will have for the manufacture of these records.

Records which *are* illegal to purchase, which you are all buying online, paying for with PayPal, and having shipped to your residence, workplace, or PO box. Leaving a papertrail of your credit card/bank info, name, online aliases, and physical address.

o4Jo.gif

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Log out, hover over the vote total, visit that person's profile, curse their existence, log back into your profile and then pettily downvote something they said to get back at them!

 

too complicated!

copy link, open new incognito window, paste, hover over and click

 

no log out required ;)

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Records which *are* illegal to purchase, which you are all buying online, paying for with PayPal, and having shipped to your residence, workplace, or PO box. Leaving a papertrail of your credit card/bank info, name, online aliases, and physical address.

 

US COPYRIGHT LAW CHAPTER 11:

 

 

Sound Recordings and Music Videos
 
§ 1101 . Unauthorized fixation and trafficking in sound recordings and music videos
 
(a) Unauthorized Acts. - Anyone who, without the consent of the performer or performers involved —
 
(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,
 
(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or
 
(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States, shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright.
 
( B) Definition. — As used in this section, the term “traffic in” means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.
 
© Applicability. — This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.
 
(d) State Law Not Preempted. — Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State.
 

Please note that it says nowhere that purchase of said bootleg is illegal, only the sale/distribution of.  ;)

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US COPYRIGHT LAW CHAPTER 11:

Sound Recordings and Music Videos

§ 1101 . Unauthorized fixation and trafficking in sound recordings and music videos

(a) Unauthorized Acts. - Anyone who, without the consent of the performer or performers involved —

(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,

(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or

(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States, shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright.

( B) Definition. — As used in this section, the term “traffic in” means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.

© Applicability. — This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.

(d) State Law Not Preempted. — Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State.

Please note that it says nowhere that purchase of said bootleg is illegal, only the sale/distribution of. ;)

Ahh... But dig deeper my friend…

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Show me where in the copyright laws it says these are illegal to buy and I'll believe you, but as far as I can see these bootlegs are entirely legal to buy.

Maybe I'm mistaken on this, and I do not have the exact legal reference to back this up but I am pretty sure it is viewed as knowingly receiving stolen property if you have the intent to buy a bootleg, since the ip is stolen and abused in this case. In this way it becomes illegal to purchase the bootleg.

Not a lawyer. Just saying buying bootlegs online might not be far that behind making them, in the eyes of the law. The RIAA has pursued individuals over much less.

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Maybe I'm mistaken on this, and I do not have the exact legal reference to back this up but I am pretty sure it is viewed as knowingly receiving stolen property if you have the intent to buy a bootleg, since the ip is stolen and abused in this case. In this way it becomes illegal to purchase the bootleg.

Not a lawyer. Just saying buying bootlegs online might not be far that behind making them, in the eyes of the law. The RIAA has pursued individuals over much less.

 

You are mistaken, buying bootlegs is legal. If you purchase a bootlegged album it was not you who broke copyright law, but the person who pressed and sold it.

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You are mistaken, buying bootlegs is legal. If you purchase a bootlegged album it was not you who broke copyright law, but the person who pressed and sold it.

 

I don't care that much, but enjoying this discussion. This was pulled from a Beatles bootleg forum from back in the usenet days - posted by a copyright lawyer.

 

U.S. federal law states that it is illegal to buy, sell, manufacture, play, broadcast, transmit or trade bootleg or counterfeit recordings (the citation is in 17 CFR, Vol. 17 of "Codes Of Federal Regulations") Possession of bootleg or counterfeit recordings is considered by the courts to be intent to commit all or part of the above. Thus, although ownership per se is not mentioned, ownership for all but strictly regulated purposes is forbidden by law.

 

Legal sources state that the generational distance of the bootlegged or counterfeit music from the original source in no way alters its illegal status.

 

It's not, at the moment, considered cost-effective to pursue the bootleg consumer; rather the focus is, as it has been, on the seller and distributor. Some legal experts believe that possession is almost impossible to enforce. You may own the bootleg, it appears, if you are ready to prove that you have no intention of ever listening to it. Otherwise possession is tantamount to intent to listen, play, broadcast, etc. And that's illegal. 

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Man, my local shop should get raided by the FBI with all the bootleg records from the 70s and 80s they've sold me.

And eBay/discogs should get shut down for being a marketplace that enables the sale/purchase of bootlegged records.

 

I guess I'll see all you guys in the hoosegow.  Now who wants to join my prison gang?  We can get little 45 adapter tattoos on our faces.

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