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Total Recorder & Dmca

Total Recorder operates by capturing streaming audio from numerous programs such as Windows Media Player. So, in terms of ITUNES you could use this to convert an apple Itune to mp3 format which can then be played on any device, authorized or not. The legal issue is whether this violates the anti-circumvention provisions of the DMCA. The simple answer: It depends. After an overview of the appropriate statues and case law, it appears that the answer hinges upon what a person does with the converted files. Total Recorder does not appear to violate the DMCA so long as it is used for personal recordings. However, any redistribution of the recordings made using the Total Recorder program would invoke the anti-circumvention provisions of the DMCA and constitute a violation of copyright law.

--NO court has specifically ruled on the legality of using programs such as Total Recorder to bypass the DRM technology employed by Apple's Itunes.

To determine whether we were complying with......


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Approximate Word Count: 606
Approximate Pages: 3 (250 words per double-spaced page)

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