Legality of a torrent download if I own the original disc

[Mirko]

I own an original music disc (applies to more than one actually), but, as I currently only have a netbook without a CD-drive I have downloaded the same disc through a torrent, one encoded in FLAC and one in MP3 (probably isn't relevant for the subject, but just to be noted). The MP3 version is for my portable player. It was just simpler to do it that way than to find a computer with a CD drive and rip the disc...

What I want to ask is are these downloaded files legal. The torrent protocol itself isn't illegal, so that isn't a problem. I also own the physical disc so as far as I know, I have the legal rights to have a backup copy.

But as I didn't do the ripping and encoding myself, and it is not actually a digital copy of the very disc that I own, but someone else's disc; can these files be viewed as a backup copy? Maybe someone with legal expertise or something could clarify...

 

[MidnightSensi]

I own an original music disc (applies to more than one actually), but, as I currently only have a netbook without a CD-drive I have downloaded the same disc through a torrent, one encoded in FLAC and one in MP3 (probably isn't relevant for the subject, but just to be noted). The MP3 version is for my portable player. It was just simpler to do it that way than to find a computer with a CD drive and rip the disc...

What I want to ask is are these downloaded files legal. The torrent protocol itself isn't illegal, so that isn't a problem. I also own the physical disc so as far as I know, I have the legal rights to have a backup copy.

But as I didn't do the ripping and encoding myself, and it is not actually a digital copy of the very disc that I own, but someone else's disc; can these files be viewed as a backup copy? Maybe someone with legal expertise or something could clarify...

Interesting question. Sometimes it is just easier than ripping the copy on your own, especially if there are a ton of seeders.

 

[Mirko]

Interesting question. Sometimes it is just easier than ripping the copy on your own, especially if there are a ton of seeders.

Indeed, ripping, tagging, it's not that quick to do... And some better torrents also include the covers, booklet scans etc... Doing all that would take me more than half an hour... And it is nice to have all that along with the music

 

[adwilk]

I don't know for sure, but if you ever got any trouble for it, being able to produce the physical media on your part would go a long long way. You are allowed to own a digital backup, and I don't see anything that says it HAS to be the backup of YOUR disc. I think you're fine.

 

[Mirko]

I don't know for sure, but if you ever got any trouble for it, being able to produce the physical media on your part would go a long long way. You are allowed to own a digital backup, and I don't see anything that says it HAS to be the backup of YOUR disc. I think you're fine.

You are probably right. But, there is another matter about bittorrents. When you are downloading something over it, you are also uploading it at the same time. So I am effectively making it possible for someone without the legal rights to have those file to download them. Is it the sole responsibilty of the person that downloads it from me to have the legal rights to do so or can I be held responsible for providing the download?

 

[Adam]

I'll say upfront that my legal knowledge on these matters is non-existent. As food for thought, though, the music industry recently went after a woman for distributing songs, but I can't recall them going after downloaders (doesn't mean that they haven't). So, I personally am more concerned about intentionally allowing people to download from me than I am about downloading from somewhere.

 

[Wafflesomd]

The RIAA no longer sues individuals.

So I think you're in the clear.

 

[lsiberian]

I own an original music disc (applies to more than one actually), but, as I currently only have a netbook without a CD-drive I have downloaded the same disc through a torrent, one encoded in FLAC and one in MP3 (probably isn't relevant for the subject, but just to be noted). The MP3 version is for my portable player. It was just simpler to do it that way than to find a computer with a CD drive and rip the disc...

What I want to ask is are these downloaded files legal. The torrent protocol itself isn't illegal, so that isn't a problem. I also own the physical disc so as far as I know, I have the legal rights to have a backup copy.

But as I didn't do the ripping and encoding myself, and it is not actually a digital copy of the very disc that I own, but someone else's disc; can these files be viewed as a backup copy? Maybe someone with legal expertise or something could clarify...

The easiest way to get viruses and malware is by downloading stuff like torrents. So be careful.