Illegal to Download Copyrighted Material?

In a recent blog post, Matt Baker, an undergraduate student at University of California, Los Angeles (UCLA) reported that several hundred computers in the residence halls of UCLA showed a message on the desktop warning students not to download copyrighted materials. The message read,

"Do not download copyrighted music, movies, and software. Most material is copyrighted. Obtaining or offering such material in violations of U.S. Copyright Law may result in university disciplinary action and may be punishable with civil and criminal penalties including prison time and money damages."

What about the legal downloading of copyrighted materials through sources such as iTunes? What about copyrighted materials in the public domain? While this is probably an error on the university administrator's behalf, it does show the sort of frenzied fear that the RIAA has instilled into university/college campuses.

eBay Music Dealer Sues UMG

August 6, 2007 - Troy Agusto, an eBay music dealer who sells rare and collectible CDs under the name Roast Beast Music, (RBM) has counter-sued Universal Music Group (UMG) for illegally demanding that he take down his music. Agusto has been legitimately reselling CDs on eBay, however, UMG argues that the CDs were promotional and thus Agusto's sales violated the exclusive property rights of the copyright holders set forth in 17 U.S.C. § 106(3). In principle, UMG's claim is barred by the first sale doctrine set forth in 17 U.S.C. § 109, which states that the owner of a legally purchased copyright-protected item may resell the item without the permission of the copyright holder. Agusto is being represented by Keker & Van Nest LLP and the Electronic Frontier Foundation. You can catch more on the story here.

U.S. Code Title 17