Copyright Law, the interpretation of Options

[sadolakced acid]

Alright, let's keep this a debate, not just stating opinions. that's important.
don't just state your opinion, support it

alright. here's some background

Copyright law prohibits the copying of Digital audio for commercial use. Copying of audio for personal use is allowed, but only first generation copies may be made (copies of the original) second generation copies are illegal (copies of copies). however, computers allow this, and thus the RIAA has said that using your computer to copy digital audio, no matter first or second gen. copies, is illegal. this was ruled as incorrect and not what the law says by a court.

First off, the obvious, is whether or not ripping your CDs to MP3s is illegal

also, is downloading music from online illegal? (copyright law only mentions distributing, not taking)

and, do new CDs that prevent ripping to MP3s, and DRM (digital rights management) WMAs violate the user right to copy?

[sadolakced acid]

(sorry about the double post, i wanted to separate my debate from the set-up/ prompt)

1. No, as these are 1st generation copies. first gen. copies are, by copyright law, legal; if used for personal use.

2. The act of downloading illegal music from online , even though it may be illegal, may or may not be illegal based on: if the download replaces the need to purchase the music, then it is illegal. If the download is not intended to replace a purchase, but instead is for something like sampling the music before buying, or to replace a damaged track, then it is legal

3. No, DRM wmas that limit transfers and Copy protect CDs that don't allow copys are illegal. It is a customer's right to make copies, and these products infringe upon that right.

[waitwaitwait]

2.  The act of downloading illegal music from online , even though it may be illegal, may or may not be illegal based on:  if the download replaces the need to purchase the music, then it is illegal.  If the download is not intended to replace a purchase, but instead is for something like sampling the music before buying, or to replace a damaged track, then it is legal

How would they know if you were REALLY just sampling but not going to buy the CD later? That makes no sense.