Date:         Wed, 22 Oct 2003 11:01:44 -0400
Reply-To:     Association for Recorded Sound Discussion List
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Sender:       Association for Recorded Sound Discussion List
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Subject:      Re: 21st Century Discographies
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----- Original Message -----
From: "Steven Smolian" <[log in to unmask]>
> So suppose the master site was offshore, just like some porn, not to
mention
> a considerble number of jobs?
Actually, this is one of the things Jon Noring is considering! Note that
"offshore" need only be across one of the Great Lakes, since Canada has a
50-year term for the copyright on sound recordings!

As I understand it (and keep in mind I'm NOT a lawyer), the onus is on the
user (downloader, listener) of the "pirated" material, since the provider in
theory had no way of ascertaining it was being acquired in violation of the
applicable state laws. Of course, this is the grey area where few if any
precedents exist, since the laws were written to cover sound recordings as
concrete (not literally?) physical entities rather than digital data...
Steven C. Barr