Pursuant to 17 USCS § 1001 (4) (A), [Title 17. Copyrights; Chapter 10. Digital Audio Recording Devices and Media; Subchapter A. Definitions] a digital audio recording medium means “any material object in a form commonly distributed for use by individuals, that is primarily marketed or most commonly used by consumers for the purpose of making digital audio copied recordings by use of a digital audio recording device.
(B) Such term does not include any material object--
(i) that embodies a sound recording at the time it is first distributed by the importer or manufacturer; or
(ii) that is primarily marketed and most commonly used by consumers either for the purpose of making copies of motion pictures or other audiovisual works or for the purpose of making copies of nonmusical literary works, including computer programs or data bases.”