Debatable and definitely semantic - at the very least this requires putting the audio into a buffer, so a newly mallocd block of memory. Sure, it’s not a recording in a conventional sense, but it is a copy of data.
You'll be delighted to learn that this exact reasoning had, in fact, been used by the copyright industry against (illegal) movie streaming websites. If I remember correctly, this was in Germany and was, after a relatively short time, no longer accepted by the courts.
Debatable and definitely semantic - at the very least this requires putting the audio into a buffer, so a newly mallocd block of memory. Sure, it’s not a recording in a conventional sense, but it is a copy of data.