CD trading system

I came across this on ecogeek:

http://www.ecogeek.org/content/view/127/


At some point you probably went through the painstaking process of loading all your tunes onto the computer. Well, now you're stuck with a stack of CDs and don't know what to do with them. The new music exchange service La La, enables CD trading for just $1.49, allowing several people to use each CD, keeping discs in circulation instead of going on the landfills or cluttering up your valuable closet space.


Once you become a member, the service encourages you to list all the CDs you want to exchange as well as ones they would be interested in receiving. Once an exchange is arranged, the recipient pays $1.49, of which 63 cents pays for shipping the disc. Netflix-style shipping kits (prepaid standard envelops) will arrive in the mail after you list your first CD at the site.

Twenty cents of each dollar you pay goes either directly to the artist. Or, if the artist no longer holds a copyright (think Beethoven,) those 20 cents go into a charitable fund to provide health insurance for musicians. The site is Inspired by a Wikipedia style information model. Fans and artists jointly decide whether a musician who applies for compensation will get paid under the system. This model has the potential to transform music-industry economics, giving musicians a major cut of the proceeds while largely freezing out record labels and other intermediaries. Whatever remains after shipping and those 20 cents goes to running the company.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Legal in Canada, but is this Legal in the USA?

I think there are connections between this article and the comments to an earlier article that discussed the idea of "Copying and destroying original". In this case you are making a copy and not destroying the original.

In Canada you are allowed to make a private copy of recorded music, and not retain the original, due to our "Private Copying" regime. It only applies to private copies (IE: they can't be shared/loaned/etc), and only to recorded music (not movies, television, software, books, etc).

In the USA you are able to make "fair use" of a work you have purchased which is widely interpreted to include device/format shifting (encoding your CDs onto your hard disk). As soon as the original leaves the home, though, I don't think the copy on the hard disk can be claimed to be a device/format shift but will be interpreted as an infringing copy.

The next interesting question will be the liability of the music exchange service "La La". I believe the recent Grokster case might be telling as this is a service that would be advertising an infringing use of their service, and thus would likely be found liable for facilitating infringement. The issue isn't technological in nature (Grokster was), but the question of the liability of a company providing a service that encouraged customers to infringe copyright.

I expect to get some feedback of people who disagree with my interpretation. I hope we can all separate what we believe the law should be compared to what the law is. I'm a strong supporter of voluntary collective licensing for music, movies and television, and thus none of these issues would apply any more.


Free/Libre and Open Source Software (FLOSS) consultant.

"As soon as the original

"As soon as the original leaves the home, though, I don't think the copy on the hard disk can be claimed to be a device/format shift but will be interpreted as an infringing copy."

If you go for a jog with your iPod, the copy is still private even if the device leaves the walls of your residence. Besides, what does it really mean to talk about the PHYSICAL location of data? It's kind of an absurd concept really. The isssue is if you have exclusive access to the content or not... so we don't have see people with laptops getting busted at Starbucks.

"it only applies to private copies (IE: they can't be shared/loaned/etc), and only to recorded music (not movies, television, software, books, etc)"

This makes no sense. You're legally allowed to copy the library's cd's, but NOT their Dvd's? Honestly! Likewise, you're not legally allowed to use a PVR to let you watch cable programming at a time of your convenience?

What this company should do is simply follow the Zip.ca model except for music. In this way, you are paying to borrow the discs, while at the same time they are not promoting it being copied while at the same time still fascilitating people to do so.

Have you spoken to your MP this week?

"If you go for a jog with your iPod, the copy is still private even if the device leaves the walls of your residence."

This is not the original you are referring to, but is an example of format/space/time shifting. If you sell your original, then any copies you made are no longer shifts (which may not be legal in Canada anyway) but private copies. The private copying regime only applies to recorded music, not DVDs, television, movies, etc.

"This makes no sense. You're legally allowed to copy the library's cd's, but NOT their Dvd's? Honestly! Likewise, you're not legally allowed to use a PVR to let you watch cable programming at a time of your convenience?"

Whether it makes sense or not doesn't matter : It is what the current copyright act says under the Private Copying regime. If you disagree with it (And IMHO you should), then write your MP. I often find it frustrating that people are comfortable being armchair politicians within comment in BLOGS such as this one, but won't turn that into action by taking the same discussion to their MPs offices. The MPs are in their constituencies for the summer, and this is the perfect time to ensure that you meet with your MP and let them know what you think.

If you really want to start with an upsetting concept, reference the Section 92 report from the government which lists "clarifying and simplifying the Act" as the last bullet on the lowest priority for the government (In other words: they could care less). The fact that it is impossible to actually obey the Canadian Copyright Act given its complexity and self-contradictory nature doesn't seem to bother the government at all. If it bothers you, then make sure your MPs, your friends and all your neighbours know about it.


Free/Libre and Open Source Software (FLOSS) consultant.

Ripping to Hard disk

I have ripped and transfered most of my music on to my (DAW)computer. It was CD's and Records.

Anyone that is wise will keep the origanals so that if the worst happens hard disk failer etc. At least you have not lost anything. Music wise as for data backups I hope you do that to.

My 2 Watts

BCD