Will wonders never cease...

In short, a judge in NY (U.S. District Judge Harold Baer specifically) showed a clue and "... ruled that the statute banning bootlegging is unconstitutional, because it states that copyrights on live performances are protected forever. This, he said, conflicts with the "limited time" requirements of copyright law."

I personally find such laws odd to start with since they would seem to also run afoul of many live recording policies that bands themselves have. Oysterhead, Phish, Metallica, Living Colour, Grateful Dead and Dave Matthews among many others, have no qualms about live bootlegging, as long as it is not done for profit. While the person being sued in the above case was selling bootlegs, I am still curious even then if it would be illegal if you only sold at cost of manufacture, what the rules would be?

And thoughts folks?