12/11/2007, 2:00pm, EST
Tuesday, December 11thRIAA claims CD rips are piracy in lawsuit
Converting music CDs to audio files on a computer is unapproved and therefore illegal, the Recording Industry Association of America has said (PDF) in a brief ahead of a crucial Arizona lawsuit. Hoping to support the arguments from group member Atlantic Records in its complaint against the Howell family, the RIAA contends that ripping CDs leads to "viral" copyright infringement; a single disc can result in millions of copies if shared through a peer-to-peer service, the brief claims.
The statement partly contradicts the RIAA's previous stance on the subject. Although the group is careful in the current case to make a separation between illegal file sharing and "space-shifting," or accessing a user's own songs to a different device for listening outside of a regular location, it argues that any transfer of songs that has not been explicitly approved is illegal. This appears to challenge a previous argument the RIAA itself made in front of the US Supreme Court when elaborating its position on legal use of digital music in a suit against the file sharing service Grokster.
"It's perfectly lawful to take a CD that you've purchased, upload it onto your computer, [and] put it onto your iPod," music label representatives said at the time. "There is a very, very significant lawful commercial use for that device, going forward."
The defendants, Jeffrey and Pamela Howell, have up to January 11th to respond to the brief ahead of a hearing on January 24th.
Filed under: iPod, industry
Other story tags: piracy, RIAA, Atlantic Records
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"Converting music CDs to audio files on a computer is unapproved and therefore illegal"
only a couple more pronouncements making everyone a criminal should do the trick. :
I can only think of one motivation to try this... If they keep trying it enough, someone might settle in a way that helps set precedence.
That takes you to this link: http://www.musicunited.org/2_thelaw.html#5
Which says:
# It’s okay to copy music onto an analog cassette, but not for commercial purposes. # It’s also okay to copy music onto special Audio CD-R’s, mini-discs, and digital tapes (because royalties have been paid on them) – but, again, not for commercial purposes. # Beyond that, there’s no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns so long as:
* The copy is made from an authorized original CD that you legitimately own * The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying.
How does the RIAA expect to get around that?! Fools!
Oh well, I'll just buy from Apple then.
By my responce to RIAA is this.
FU*K OFF!
People are "sharing" music, and that is piracy; focus your efforts on them. But don't claim that the mere act of exercising my fair use rights is piracy, and that, therefore, I am a criminal. It's not a way to inspire consumer loyalty, and it's downright insulting. I hardly ever play a CD, so if you tell me I can't rip it, I've got absolutely no reason to buy it.
Everyday, these guys tops themselves on the idiocy chart.
Doofuses.
Mark my words - the day is not far off when we will be able to bend these rec execs over and F••K their greedy, artist-sucking, consumer-screwing asses. Their kingdoms are finally crumpling.