FairUseOnTheInternet

April 30, 2003
http://www.techlawjournal.com/intelpro/20010306boucher.asp
There is a fifth case. [A]t the present time you can go into a record store, and you can listen to samples of music, and that sampling of music in the record stores for the purpose of determining whether or not you want to purchase that music is permitted by a special exemption in the copyright laws. It is called the in store exemption. Today, there are instances in which people would like to listen to samples of music before they decide to order a CD from Amazon.com or CDNow. And I say that in no particular order, in case those companies are represented here. In fact, I do that. It really is a great convenience to be able to listen maybe fifteen seconds of a song with regard to several tracks on an album before you decide whether or not that is a CD that you would like to purchase. But the in store exemption that permits that for the physical world does not apply to permit that kind of music sampling solely for the purpose of promotion, solely for the purpose of determining if you would like to buy that CD in the online world. In my opinion, it should.

So is he saying that Amazon's practice of audio snippets is illegal?


tags: ComputersAndTechnology
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