NationStates Jolt Archive

The RIAA is at it again. For a while, I thought they had enough negative publicity. Perhaps not. Here's a quote from the website


Link to Electronic Freedom Foundation (http://www.eff.org/deeplinks/archives/2006_02.php)



RIAA Says Ripping CDs to Your iPod is NOT Fair Use

It is no secret that the entertainment oligopolists are not happy about space-shifting and format-shifting. But surely ripping your own CDs to your own iPod passes muster, right? In fact, didn't they admit as much in front of the Supreme Court during the MGM v. Grokster argument last year?

Apparently not.

As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:

"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."

For those who may not remember, here's what Don Verrilli said to the Supreme Court last year:

"The record companies, my clients, have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."

If I understand what the RIAA is saying, "perfectly lawful" means "lawful until we change our mind." So your ability to continue to make copies of your own CDs on your own iPod is entirely a matter of their sufferance. What about all the indie label CDs? Do you have to ask each of them for permission before ripping your CDs? And what about all the major label artists who control their own copyrights? Do we all need to ask them, as well?

P.S.: The same filing also had this to say: "Similarly, creating a back-up copy of a music CD is not a non-infringing use...."
Posted by Fred von Lohmann at 08:40 AM | Permalink | Technorati



Bastards.

It's too hard to follow their changing rules, so stuff it. *doesn't bother*

It used to be ok to copy your LP vinyl record to cassette tape so that you could listen in the car.

Something change?

It used to be ok to copy your LP vinyl record to cassette tape so that you could listen in the car.

Something change?


RIAA is currently lobbying to make it not OK.

No burning for back-up CDs either.

It used to be ok to copy your LP vinyl record to cassette tape so that you could listen in the car.

Something change?
Only since the RIAA is trying to prosecute pre-teens.

It used to be ok to copy your LP vinyl record to cassette tape so that you could listen in the car.

Something change?
Yes. Digital music encoding. Copying your LP to a cassette was acceptable because the copy was worse than the original. Someone else copies your copy and it gets even worse until the 3rd or 4th person down the line is disgusted with the poor quality and goes and buys the original.

Nowadays, your copy of digitally encoded music sounds exactly like the original, whether it's the first or the five thousand thirty first. Why buy it when you can just borrow your friend's copy for free?

Pardon my French, but fuck 'em.

Nowadays, your copy of digitally encoded music sounds exactly like the original, whether it's the first or the five thousand thirty first. Why buy it when you can just borrow your friend's copy for free?
Let's just make CDs unable to be read by computers!

Oh wait, then everyone will get fucking pissed and you will start losing revenue for being greedy assholes.

Let's just make CDs unable to be read by computers!

Oh wait, then everyone will get fucking pissed and you will start losing revenue for being greedy assholes.

Better yet, make copy protection that is so good that it can't be read by even a regular CD player! Oh, yeah, that's been tried too. Kinda pisses customers off when they can't even use your products.

Better yet, make copy protection that is so good that it can't be read by even a regular CD player! Oh, yeah, that's been tried too. Kinda pisses customers off when they can't even use your products.
With the new CD players becomnig sophisticated, they will be unable to read all these neat anti-computer CDs that are so uber as to prevent stealing.

How about we desolve the RIAA for being greedy fucks and give the rights to the music back to the artists themselves.

Am I the only one under the impression that the RIAA is a monopoly, and therefore in no position to talk about legality?

In the long run, it's really irrelevant, because the CD is a dead format. Digital distribution is the future.

Am I the only one under the impression that the RIAA is a monopoly, and therefore in no position to talk about legality?

its not quite a monopoly, but neither was microsoft when they charged them.

In the long run, it's really irrelevant, because the CD is a dead format. Digital distribution is the future.

Except the RIAA is trying to stop all format switching, and is also trying to make digitally distributed music about $3 a song.

Except the RIAA is trying to stop all format switching, and is also trying to make digitally distributed music about $3 a song.
They can try all they want, but no one is going to pay $3 a song for shit music, and the RIAA doesn't control all distribution. What'll be more likely to happen will be an upsurge in independent labels and bands that decide to go it alone, or who hook up with someone like emusic, which charges a hell of a lot less and doesn't try to constrict usage.

Besides, bands make very little on the actual album sales, compared to what they make on tour. This system would lower their costs.

The only real fly in the ointment is radio play--that's where indies are caught by the short hairs. If a way comes up that can bypass that little snafu, then the RIAA is effectively dead.

Probably the way things are going, music will be free, because nobody can stop the transfer of it, and RIAA will generate revenue by suing people that listen to it.

The only real fly in the ointment is radio play--that's where indies are caught by the short hairs. If a way comes up that can bypass that little snafu, then the RIAA is effectively dead.
The FCC controls public airwaves with an iron fist, and the RIAA has the government eating out of its pocket.

The FCC controls public airwaves with an iron fist, and the RIAA has the government eating out of its pocket.I don't know--ClearChannel seems to control the airwaves more than teh FCC does these days.

As for the RIAA, they have the government eating out of their pockets, but they've got an unsustainable business model at present. It won't happen tomorrow, but there's a tipping point in the near future, I believe, where the members of the RIAA will crash because they'll lose control of their distribution system. Their listeners will revolt and will find other ways of procuring music, and the internet will play a large part in that revolt.