A digital (audio) recording device, according to the U. S. Code of Regulations (Title 17, Chapter 10, Subchapter A, paragraph 1001), “is any machine or device of a type commonly distributed to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio copied recording for private use…”