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Is this legal?

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Sony_Fan

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I don't personally see much of a difference, especially at $5.99 per disk. That doesn't seem right ...

If it was legal, you can take a rare minidisc and record popular music in ATRAC SP 292kpbs and advertise that on ebay and it would get more bids than if the minidisc was left blank.

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I see MDs listed with music on them all the time. I even make labels like this myself. But still, I think the issue is how it's being presented. If it was listing blanks that happen to have music on them and happen to have home made labels, all of a sudden it's less of a big deal.

As long as people understand they aren't buying the real thing, it's their money to waste. I don't think the music industry is going to get hit hard by a MiniDisc bootlegger.

The only real issue is if he's getting money by duping people. If so, then he needs to be stopped.

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In general, you cannot legally sell or distribute copies of copyrighted material in the United States without the author/creator's permission. If these MDs contain the artists' original material, then selling them online is asking for trouble. Even if it's NOT original material, there are legal issues with covers of songs. It makes no difference if the original was on a CD and you are selling an MD copy of it. That is a big no-no. If it weren't, we could swap copyrighted material on MDs right here. You can legally copy any copyrighted recorded material that you own for yourself.

I have always wondered about music CDs I borrow from the public library - whether I have a right to copy them. It turns out that you cannot do that legally. Fortunately, the Library Police are in short supply ! ;-)

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In general, you cannot legally sell or distribute copies of copyrighted material in the United States without the author/creator's permission. If these MDs contain the artists' original material, then selling them online is asking for trouble. Even if it's NOT original material, there are legal issues with covers of songs. It makes no difference if the original was on a CD and you are selling an MD copy of it. That is a big no-no. If it weren't, we could swap copyrighted material on MDs right here. You can legally copy any copyrighted recorded material that you own for yourself.

I have always wondered about music CDs I borrow from the public library - whether I have a right to copy them. It turns out that you cannot do that legally. Fortunately, the Library Police are in short supply ! ;-)

True that this is technically not legal. Though I don't see these Minidisc recordings impacting record sales. As long as he's not tricking anyone, this is a minimal infringement. Way worse things are happening on torrent sites and youtube and even then, not a lot of it is getting enforced. It doesn't impact the industry enough.

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Ebay nevertheless prohibits such sales, although it is a kind of toothless prohibition, in that they will enforce it only if the copyright owner complains.

"Hello Ebay? This is Blood Sweat and Tears. Remember us? We're complaining about our copyrighted material being sold on MD on Ebay."

Not too likely.

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The seller didn't actually say what kind of music is on it although the picture of the minidisc kind of gives it away. I guess the way the seller looks at is that he is selling a minidisc that happens to have music on it. I didn't see anywhere that it listed what exactly was on it although the picture implies otherwise. I still wouldn't sell them like that though.

To me, it's different if you buy a whole lot of minidiscs (like 10 or 50 or 100) that have music on them. I've done that before but I just erased them so I had the blank discs.

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