On the Other Hand...

This entire conversation about copying music has carried the disclaimer that most of the halachik literature on the subject was written about older technology, but if the current means of distributing (and copying) music in any meaningful way, it is not reflected in the discussion.  Mrs. Rosenbaum contributes the following:

I have been reading the posts regarding copying files from iTunes and I have a few comments.


I am not versed enough to comment on the halachic issues regarding transferring music to several iPods, but I do know a few things about iTunes.

When iTunes was created, problems such as ripping off a song were issues that needed to be addressed by their own legal teams. Based on recommendations from their suppliers (the people who own the music), certain technological restrictions were placed on the music. Music bought from iTunes has a special encryption which prevents the downloaded music from being stored on more than 5 computers. They did not place restriction on the number of iPods that can download the song from any of those computers or how many times it can be burned onto a CD. The reason for this, I assume, is that the people who own the music decided that it would be fruitless to try to completely control thier music since people have been copying music illegally since records and tape recorders (if you know what those are). They decided to control the music in a limited sense, but allow users who bought the music to share it with others. They make their money with the inital purchase and the appeal of using iTunes encourages more people to buy music, even if some of the music they get for free from friends or family who purchased the music. Lately many of these restrictions have been removed. It seems that the music companies are not looking to completely control their music. For those that still control their music with sharing restrictions, it would be illegal to use programs to remove the encryption. In either case it would be illegal to make a profit from your purchase by reselling the file or a CD of the music.
Whether the intentions of the music companies helps us figure out the halachos regarding file sharing on iPods is up for debate.
I do agree that removing encryptions or burning CDs that explicitly say not to is halachicly and legally prohibited. But CDs and music without these restrictions and encryptions might not fall under that same halachic and legal status since the companies are giving you the option to share (but not sell for profit!)