~~~Here's the question, is [Duckworth's analogy of] standing on a
street corner giving away FREE cd's a crime?

~~~~
Duckworth might claim it's an infringement
for me to give away some music records at a
garage sale.
If the RIAA were to contend that the
difference between my garage sale and what
Jammie did is Jammie's music was not
purchased, therefore she had no right to
(knowingly or unknowingly) offer it free to
others...then that would be tantamount to
admitting a priori that Duckworth's street
corner analogy -- which didn't say the CDs
were burned copies -- is spurious.
Or, IF they say, yes, that I am a copyright
violator, then how can that be possible? I
purchased what should be the right to play
or use as a frisbie or even give away my
copy of the music, didn't I? But if such
rights don't reside with a consumer's copy
of a CD, what statute or case law says so?
The truth is that Duckworth's analogy IS
wrong-headed, one way or another!
Admittedly, standing on a street corner
SELLING burned copies of CDs would be an
infringement [cringe, "piracy"], but NOT giving away copies
that were purchased.
Duckworth might have wanted things both
ways, though: not admitting that aspect, but
still wanting to cast disdain on what Jammie
did. A judge would (or should) rebuke
Duckworth in a court of law!