Actually, the quoted section was misquoting Herman's post before yours... ;)
B'sides, "[n]one agreed on the interpretation of the copywright law as it applies to the area we are discussing" is basically where blog comes out. I think my point in citing the blog was the fact that it spelled out the actual controversy under the law--and the relevant statutory provisions--fairly well. This is not some well considered digital policy issue before the courts, its the intersection of the relatively ancient First Sale Doctrine and the relatively ancient law of Fair Use. The copyright laws were not written with digital media in mind, and haven't changed for a while. The courts are banging square pegs into round holes.
I totally agree with your last two points. Given the vagueness of the law, keeping CDs--in my mind, even if the law itself is screwy--makes practical sense as an last resort backup, makes practical sense in terms of a legal defense should you ever need it, and moral sense in that it seems to me to be the right thing to do as a means of avoiding the bypassing of artist compensation.
B'sides, "[n]one agreed on the interpretation of the copywright law as it applies to the area we are discussing" is basically where blog comes out. I think my point in citing the blog was the fact that it spelled out the actual controversy under the law--and the relevant statutory provisions--fairly well. This is not some well considered digital policy issue before the courts, its the intersection of the relatively ancient First Sale Doctrine and the relatively ancient law of Fair Use. The copyright laws were not written with digital media in mind, and haven't changed for a while. The courts are banging square pegs into round holes.
I totally agree with your last two points. Given the vagueness of the law, keeping CDs--in my mind, even if the law itself is screwy--makes practical sense as an last resort backup, makes practical sense in terms of a legal defense should you ever need it, and moral sense in that it seems to me to be the right thing to do as a means of avoiding the bypassing of artist compensation.