What Happens When You Are Accidentally Given Music MP3s By Music Labels Or Services?

from the questions,-questions dept

For a while it's been something of an open secret that music services like Pandora get around buffering problems by actually downloading MP3s to a temporary folder on your hard drive, and then streaming it locally. There are a few software products that will help you save (and rename) those files. Ed Felten has written that a new Billy Joel single is being promoted by SonyBMG using a similar system. It looks like it's streaming to your computer, but the reality is that it first downloads a full, high-quality, MP3 to your computer. So, the open question is what's the legality of saving that file? There are a few issues here. First of all, all of the RIAA lawsuits are about uploading, not downloading files. So as long as you're not sharing the file later, chances are, you're not going to get sued at all. But, the RIAA and others still could consider it to be copyright infringement by gaining "unauthorized access" to the file. Unfortunately, it seems that such a claim would be tough to support, since the file was place on your hard drive on purpose -- it's just that the service delivering it hoped you wouldn't notice it and save it. In the end, though, this helps highlight some of the reasons why traditional copyright law doesn't make much sense in a digital age. In order to get a better quality streaming audio, the best way to do it is to load that MP3 onto your computer -- but doing so may technically be considered copyright infringement in some manner. One more reason why it's about time people started rethinking copyright laws.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. identicon
    Jason, 13 Feb 2007 @ 8:13am

    I've been snagging ring tones like this for some time now! No big secret..

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Essential Reading
Techdirt Insider Chat
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.