Ok, So let me try to explain this out a little to you.
First of all, there’s the AHRA, still right? Or am I too old school.
With the AHRA, RIAA cannot pursue with legal action.
From the Book: A Decade of the DMCA –
The AHRA, or audio home recording act, gives immunity from lawsuits to
users who are copying or recording for non commercial purposes on a device
specially intended to record audio. However, a computer is NOT a
device specifically designed to store or record audio
. Of course, someone can specifically design their computer for that purpose.
Soundbyting.com, a former active RIAA site, apparently replied in an email,
the following information to “Clarify the Legality of Home Audio Recording”
to minidisc.org:
“As long as the copying is done for non commercial use, the AHRA gives
consumers immunity from suit for all analog music copying, and for digital
music copying with AHRA covered devices.”
Also, allegedly written by soundbyting rep:
“It is important to note that the AHRA does not say that such copying is
lawful; it simply provides an immunity from suit.”
Well, if users are immune from lawsuits, then, why did the RIAA sue or
threaten to sue people downloading music?
While the RIAA has stated they will stop lawsuits they are working with
ISPs (Wired, 2008).
There were many reasons people protested or speak out against the DMCA. The
DMCA placed restrictions on free speech, research, discovery, invention,
and sharing information. The DMCA was used for censorship and patent like
protection.
This section is just so the SP has limitation on liability.
The law does require the SP to “adopt” and “reasonably implement” and “inform” Subscribers of a policy “that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers;”
and
“(B) accommodates and does not interfere with standard technical measures.””
Check out this definition!
“Definition.— As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and—
(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;
(B) are available to any person on reasonable and nondiscriminatory terms; and
(C) do not impose substantial costs on service providers or substantial burdens on their systems or networks.”
- Do not impose substantial costs on SP or burden to their system or networks.
- If a policy is in place regarding repeat infringement and the users are informed, the SP can take action based on the implemented policy. However, if that policy imposes costs to the SP or burdens the systems or networks – GAME OVER.