Tunes was designed [in part, probably a principal part of the original design] for CD ripping, I gather (I haven't personally used it more than twice, many years ago).... iTunes was designed for copyright violation. I'm sure the manual will show that.
No, Itunes was designed for organizing music. How you got that music was a separate function,and you could split out the CD ripping functionality and still have the primary function of iTunes. Additionally, making copies of physical media for personal archival purposes is recognized as a legitimate fair use (and was back then), so the the CD ripping functionality would have generally still have been okay. And yes, there is case law on when ripping CDs is considered fair use and when it is not.
It's my understanding that any media _can_ fall under Fair Use in the USA, meaning that there would have to be specification as to who was using the software and their circumstances within the unit tests in order to make it infringing use. You might fir example be archiving, or preparing educational materials, or compiling a review, or doing subtitling.
Yes, any media can be subject to a fair use defense. The second statement is not relevant to the copyright analysis. The last statement are examples of fair use, but note that acquiring the content for the purposes of preparing educational materials is not automatically "fair use". For example, preparing educational materials for a class provided at a for-profit institution, or in educational materials sold commercially, would not support a fair use defense, though otherwise the use of copyright content in educational materials has generally been deemed fair use.
It's not sufficient to prove someone downloaded, you have to show it was infringing activity. How do you do that with a unit test? Software to perform legitimate, legal downloads would still have to do that same test.
The unit-test is a part of a different analysis from a basic copyright infringement claim; That question is whether the tool is intended for violating copyright and for that, they don't need to show any infringing activity actually took place, only that the tool was intended for infringing activity. The DMCA does not require a creator to suffer harm before they sue, since it recognizes that in the computer age, once such harm occurs it may not be possible to put the genie back in the bottle.
No, iTunes was designed for organizing music. How you got that music was a separate function, and you could split out the CD ripping functionality and still have the primary function of iTunes.
Well, being able to rip music off your CDs was literally advertised as an iTunes feature; Apple promoted iTunes after its introduction in 2001 with the slogan "Rip, Mix, Burn." And Apple did get accused by various industry players of promoting copyright violation. I wouldn't say that iTunes was "designed for copyright violation" any more than I'd say youtube-dl was "designed" for it, but Apple definitely understood that iTunes had value to people who wanted to make digital copies of media in ways that did not strictly fall under fair use guidelines. :)
but Apple definitely understood that iTunes had value to people who wanted to make digital copies of media in ways that did not strictly fall under fair use guidelines.
Ripping CDs for personal archival copies had already been characterized as fair use by the courts by the time iTunes was first released. If it hadn't been, the industry players wouldn't have just "accused" Apple of promoting copyright violation, they would have done something about it. The music industry has always been very aggressive about protecting their IP rights.
It would have been very different if iTunes had the slogan "Rip, Mix, Burn, Share."
No, Itunes was designed for organizing music. How you got that music was a separate function,and you could split out the CD ripping functionality and still have the primary function of iTunes. Additionally, making copies of physical media for personal archival purposes is recognized as a legitimate fair use (and was back then), so the the CD ripping functionality would have generally still have been okay. And yes, there is case law on when ripping CDs is considered fair use and when it is not.
It's my understanding that any media _can_ fall under Fair Use in the USA, meaning that there would have to be specification as to who was using the software and their circumstances within the unit tests in order to make it infringing use. You might fir example be archiving, or preparing educational materials, or compiling a review, or doing subtitling.
Yes, any media can be subject to a fair use defense. The second statement is not relevant to the copyright analysis. The last statement are examples of fair use, but note that acquiring the content for the purposes of preparing educational materials is not automatically "fair use". For example, preparing educational materials for a class provided at a for-profit institution, or in educational materials sold commercially, would not support a fair use defense, though otherwise the use of copyright content in educational materials has generally been deemed fair use.
It's not sufficient to prove someone downloaded, you have to show it was infringing activity. How do you do that with a unit test? Software to perform legitimate, legal downloads would still have to do that same test.
The unit-test is a part of a different analysis from a basic copyright infringement claim; That question is whether the tool is intended for violating copyright and for that, they don't need to show any infringing activity actually took place, only that the tool was intended for infringing activity. The DMCA does not require a creator to suffer harm before they sue, since it recognizes that in the computer age, once such harm occurs it may not be possible to put the genie back in the bottle.