Legal Question: Can A Song Download Be "Illegal" If One Owns The LP/CD?

[ZombieGak]

I realize that case law on P2P is unclear and the RIAA is using Gestapo tactics to bully P2P users into submission... and even trying to extort money outside the courts by charging fines.

But as I asked in another thread... http://www.gnutellaforums.com/showthread.php?t=59951
there seem to be moral issues of the RIAA gladly charging customers double/triple licensing fees when one merely upgrades from 45 to LP to CD.

So what is the "law" when one is merely trying to get better copies of songs through P2P of LPs/CDs one already owns? Granted CDs are easily converted to mp3 but LPs certainly are not. And even if one does, they contain all the defects of the original analog source.

This raises another question… given that under our system there is a presumption of innocence… is it up to the RIAA to prove one never owned these original 45s, LPs or CDs? My psychotic ex girlfriend stole some 25 CDs from me 15 years ago. What rights do I have to now re-establish that collection? Surely the RIAA would not begrudge me the use of P2P to do so... right? LOL