Mp3 Sneaker Net Cache

[+O_Chemist & Turtledove]

sneaker net (n): a network for exchanging electronic information that relies upon your sneakers (shoes) to carry the data from place to place .

 

So here's the thing. It is legal to make a CD of MP3s, you just can't sell it. I have heard of caches themed to trading out your old VHS tapes and DVDs, or even new CDs. But I was thinking about a cache that was themed to trading CD-ROMs of MP3s this would be a great way to trade music. I actually have enough un-copyrighted music to only place royalty free stuff when I originally placed the cache. I would instruct cachers to only place legal stuff too... but you never know what people would do. I couldn't prevent them from placing stuff, but I wouldn't want my cache denied approval because of the concept.

 

Anybody tried this? Anybody been denied?

[+Halden]

It would be legal in Canada.

[WH]

I don't see a problem with it as long as the music is un-copyrighted.

 

As far as worrying what other cachers leave behind, the best you can do is explicitly state on the cache page that copyrighted music is forbidden. We have to rely on the good faith of others not to ruin caches by filling them with illegal items. Someone could just as easily leave guns, or drugs in caches just as easily as someone else could leave copyrighted material. So as long as you start out by leaving legal items, I think youll be fine

[+Renegade Knight]

What you are doing is legit. What people do afterwards is beyond your control. I can no more stop someone from putting drugs and bootleg MP3's in one of my caches than you could in yours.

 

All you need to do is state your intent for your themed cache and are good to go for listing it.

[+ADKcachers]

A fellow cacher was denied a cache with that theme. It was called Box of Kazaa.

[+JeepCachr]

Even if its free your still copying and distributing copyrighted material. If it could be limited to public domain MP3's it would be legal but based on the popularity of those sites on the internet I don't think your theme would survive.

[mykoleary]

Remember, just because it's copyrighted doesn't mean it's illegal.

 

If you buy the mp3s off of a music service like iTunes, eMusic, etc and DO NOT CONTINUE to use them yourself, if your license allows you to burn a copy, then giving that copy away is liking within the realms of legality (assuming of course that you DO NOT CONTINUE to use them yourself)

 

In addition, there is a program called weed which allows you to burn DRM enabled CDs of music that play as many times as the copyright holder chooses (per machine!) You can unlock the CD by purchasing the tracks fo runlimited listening pleasure. In addition, if anyone buys the rights from files provided by you after buying the rights, you get a chunk of the profit. Since these CDs are per machine, you could concievably trade these around an entire area and still have them work for new people...

 

Just a thought you might want to prepare for before yanking copyrighted material from your cache...

[+mtn-man]

I actually have enough un-copyrighted music to only place royalty free stuff when I originally placed the cache. I would instruct cachers to only place legal stuff too... but you never know what people would do. I couldn't prevent them from placing stuff, but I wouldn't want my cache denied approval because of the concept.

As long as it is not copyrighted material, you would be OK.

 

You need to be *VERY* clear in your cache description. Be very specific about what can and what cannot be placed in the cache. I.E. -- Original media bought at a store would be OK, original CD's and DVD's, etc. Make it as clear as you can. The local reviewer can help you if needed. These get approved and are fun.

[mykoleary]

As long as it is not copyrighted material, you would be OK.

This should read: "as long as you're not violating copyright it's alright."

 

Read my post above for two off the top of my head examples of where copyrighted music IS OK to distribute in mp3 format. There could likely be others as well.

[+buck09]

I'd suggest sticking with music that isn't copyrighted. You can get lots of great content that's released under the Creative Commons license:

 

http://creativecommons.org/getcontent/

 

or, what I'd suggest is putting together a CD exchange cache. Take a couple CD's, put them in and let everyone know that it's for trading CD's only. There's one here in Wisconsin that has been going for quite some time.

 

Better yet, why not plug a mic into your computer and lay down some new tracks? You could be the next William Hung!!!

[91B10]

I don't see why it would be any differnet than making a copy for a friend. It isn't the Internet so you are not distributing it like users of Napster and Kazaa have done in the past. I thought about doing a CD exchange where I could get rid of some old CDs I don't listen to anymore and perhaps get a new one occasionally. Anyway do you really think an RIAA lawyer is going to run out into the woods to serve your cache?

[+mtn-man]

I don't see why it would be any differnet than making a copy for a friend. It isn't the Internet so you are not distributing it like users of Napster and Kazaa have done in the past. I thought about doing a CD exchange where I could get rid of some old CDs I don't listen to anymore and perhaps get a new one occasionally. Anyway do you really think an RIAA lawyer is going to run out into the woods to serve your cache?

This web site will not promote illegal activity of any kind nor list a cache that encourages that activity.

 

FYI... burning copies of copyrighted materials for your friends is illegal.

[+WhipArtist]

FYI... burning copies of copyrighted materials for your friends is illegal.

Maybe it is and maybe it isn't.

 

If I release ten tracks of myself singing, and say that I retain the copyright but that you may copy and share them freely, then you would be burning copies of copyrighted material and would be completely legal. (You'd also be torturing your friends beyond belief, but that's beside the point.)

[+mtn-man]

FYI... burning copies of copyrighted materials for your friends is illegal.

Maybe it is and maybe it isn't.

 

If I release ten tracks of myself singing, and say that I retain the copyright but that you may copy and share them freely, then you would be burning copies of copyrighted material and would be completely legal. (You'd also be torturing your friends beyond belief, but that's beside the point.)

Very well. I think most people know what I mean, but if you insist...

 

Creating copies of copyrighted materials that prohibit the unauthorized copying, reproduction, hiring, renting, lending, public performance and broadcast of such materials is illegal. Such item should not be placed in a cache unless you purchase the original through a legal distributor and are willing to give the original copy away by placing it in a cache without making any copies to give to anyone or to keep personally.

 

Like I say, I think most people know what I meant.

[+TotemLake]

Mtn-man has it right. Just because you do it for a friend doesn't make it legal. In fact, the RIAA is going after small time users right now and have been filing lawsuits in regards to them. There are appeals going on but the bottom line is, if you copied copyrighted material and it is distributed or used for personal use without owning the original, then you are in violation of the copyright law. Now that's for the USA. Other countries will have various legalities specific to their own interpretation.

 

==edited for clarification==

Edited April 15, 2004 by TotemLake

[mykoleary]

Creating copies of copyrighted materials that prohibit the unauthorized copying, reproduction, hiring, renting, lending, public performance and broadcast of such materials is illegal. Such item should not be placed in a cache unless you purchase the original through a legal distributor and are willing to give the original copy away by placing it in a cache without making any copies to give to anyone or to keep personally.

 

Like I say, I think most people know what I meant.

I'm with you there and you said pretty much exactly what I said.

 

IF you use a downloadable mp3 music service which DOES allow what you mention (and there are a few with publicly coyrighted works...), THEN you would be OK.

 

I was certainly not condoning ripping your personal CD collection to place in a cache, nor doing the same via Kaaza. That is illegal jail inviting bad karma having juju.

 

I was referring to reputable sites such as iTunes (which may or may not allow this, I don't use the site, adn am only using them as an example so people will know what types of sites I'm referring to...)

 

These do exist, but I have stopped using them, so I can't refer you to them.

 

Weed is another example. Their songs aren't mp3 (they're WMA, but the same applies) and users are ENCOURAGED to burn and pass along CDs, whether or not they bought them. Sir Mix a Lot did his last release in this format. You can burn a CD with the files, and pass it on to whomever you dang well please. If they try to listen to it too many times, then they get cut off by the embedded DRM.

 

This format is PERFECT for passing around new music for people to try out, which sounds to me the purpose of this cache. You get to hear the music a few times, and then have the choice to buy it. NO LAWS BROKEN.

 

Check them out at http://www.weedshare.com/

[schon]

It would be legal in Canada.

Actually, that's a common misconception.

 

Canadian law states that it's legal to make copies for yourself, but you are not allowed to make copies for other people. It does get a little weird though:

 

It's OK to borrow an original CD from someone, and make your own copy, then give the orignal back to them.

 

It's OK to go over to a friend's house, and make a copy of their music CDs with their equipment.

 

It's NOT OK to borrow an original from someone, make a copy, and give them that copy (whether you keep the original or not.)

 

The differences between what's legal and what isn't is (to a great extent) entirely semantic. There really is no difference between borrowing someone's computer to burn a copy, and having them burn it for you, but the law states otherwise.

 

Note that this is made legal for music only, because we pay a levy for blank media. The copyright board ruled in December that this applies to downloading as well.

 

So, in Canada, it would not be legal - unless you were authorized by the copyright holder.

 

More information can be found here.