# "What they're doing is illegal in the US"...and does an overzealous mod have a CITE?!

**URL:** <https://boards.straightdope.com/t/what-theyre-doing-is-illegal-in-the-us-and-does-an-overzealous-mod-have-a-cite/337693>\
**Category:** The BBQ Pit\
**Created:** [December 30, 2005, 5:57am UTC](https://boards.straightdope.com/t/what-theyre-doing-is-illegal-in-the-us-and-does-an-overzealous-mod-have-a-cite/337693 "2005-12-30T05:57:52Z")\
**Posts on this page:** 1\
**Page:** 9

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**Author:** ![Brainiac4](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/brainiac4/32/3534_2.png) [@Brainiac4](https://boards.straightdope.com/u/Brainiac4)\
**Post date:** [January 3, 2006, 3:17am UTC](https://boards.straightdope.com/t/what-theyre-doing-is-illegal-in-the-us-and-does-an-overzealous-mod-have-a-cite/337693/161 "2006-01-03T03:17:41Z")

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> [@Bricker](#):
>
> Sure, the path matters.
> 
> If you have $31.15 in the bank, you are legally entitled to withdraw it. You’re not entitled to hack into the bank’s computers and cause a wire transfer into another bank, even if you only transfer the exact amount in your account.

Except that this is not a proper parallel to what is being done here. I am not taking something away from someone else, as would (I assume) happen in your example. Nor am I trespassing on someone else’s systems and compromising their security.

I’m not clear on what is different between MusicShifter and allofmp3 in this case. I’m quite clear on the (probable, even highly likely, if as-yet-untested-in-court) illegality of purchasing music from [allofmp3.com](http://allofmp3.com) to which I do not have a license and for which [allofmp3.com](http://allofmp3.com) has not acquired copyright.

But the central point of previous discussion seemed to be that, no matter whether or not [allofmp3.com](http://allofmp3.com)’s actions are legal in Russia, my actions in acquiring IP that I did not have a license to possess was an illegal act. I’m fine with that. But how is it that my acquisition of IP that I _do_ have a license to possess is sometimes okay and sometimes not? What am I missing?

> [@Bricker](#):
>
> The allofmp3 method causes too much risk of improper use. Even if the particular example you raise would result in only a legitimate ending – that is, only material to which you already have the right to copy being copied – the METHOD produces far too much risk that people will end up with material for which they are NOT licensed. That causes a loss of the value of the copyrighted property and impacts prong #4 of the fair use test.

Okay, but even so – does that make my use of the service to acquire digital copies illegal because some other uses are, or not?

And my thanks for the enlightening discussion, by the way, Bricker – I really do appreciate the time you spend fighting ignorance.

Oh wait, this is the Pit. I should have said “fuck” somewhere in there. Let me try again.

And my thanks for the enlightening discussion, by the way, Bricker – I really fucking appreciate the time you spend fighting ignorance.

😃

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