Gut feeling - yes, it's illegal, but not so much DMCA as NET Act. I would also guess that there's never been a court decision regarding a specific case like this, and until there is it will be at least nominally a gray area.
That reads more like anti- "distribution" than "simple possession". Everything seems written as if "infringement" == "distribution"; and this Act addresses distribution sans compensation. I didn't see anything suggesting prosecution for having a library of MP3s (and NOT sharing them) recorded from a stream; although I'm sure -like you said- as soon as that would come to their attention it would be illegal immediately.
I wonder if I could create a "loophole" of my own (like LaMacchia in the wiki) by recording it first to analog tape; and then transferring it back to the digital domain. I'd be circumventing any 'digital' clauses acquiring it. Then, I'd simply be creating a digital file from an analog copy I "already" have. Same as anyone who put their cassette collections, or vinyl, into MP3.
Don't mind me; I'm just pondering.
As for recording "free streams", satellite TV companies beam assload of streams all over your yard every day, and the availability of them certainly has nothing to do with the legality of grabbing them for yourself...
Those 'require' a paid subscription to receive and translate. An internet radio stream does not. Admittedly, I'm modeling my ideas about this on FCC regs concerning radio broadcasts, so they may be totally non-applicable. I'm sort of equating those SatTV streams (and other, subscription-required signals) with XM and Sirrius , and internet radio streams with AM/FM radio.
I've always said legal and illegal have nothing to do with what's right or wrong
concur
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