Has the RIAA gone insane?

RIAA: Copying CDs to your iPod not protected under fair use

Tuesday, February 21, 2006 by Frogboy | Discussion: WinCustomize News

In an effort to ensure that nobody is sympathetic to it, the RIAA's filing to the US copyright office indicates that it does not support people beig able to take their legally purchased CDs and copy that music onto their legally purchased iPod even if they are the only one using it.

Ripping music from CDs and transferring it to an iPod does not constitute fair use, according to a document filed by the major record companies.

In a filing to the US Copyright Office, the Recording Industry Association of America (RIAA) attempts to undo a statement it made in court during the recent successful prosecution of the Grokster p2p company.

In court RIAA lawyer Don Verrilli said: 'The record companies 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.'

However in the Copyright Office filing the RIAA takes a contrary view.

'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,' it argues. 'In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorisation, not about fair use.'

In other words, explained Fred von Lohmann, senior staff attorney for the EFF, a leading digital rights campaign organisation, if you want to copy a CD to your iPod, get permission first.

As one of the people who actually does not pirate music but buys it legally, this really gets on my nerves.  At some point, EVERYONE becomes a criminal in the RIAA's book.  The idea that I can't take my legally purchased Star Wars CDs and put them onto my computer to listen to in iTunes is absurd.

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rmiles7721
Reply #21 Wednesday, February 22, 2006 6:03 PM
If you follow this logic, then burning music to a CD (or your ipod) that you purchase off of iTunes so that you can listen to it in your car is also illegal, or at least that is where this is headed.
I am also one of those people that buy music. I use mostly use itunes. Some bands sell mp3s on their web sites as well. I spent nine months using my turntable, cassette player, as well as my PC's CD drive to transfer about 8000 mp3's onto my network so that I could enjoy them from my HTPC. Still own the turntable, all of my LPs and cassettes, as well as the CDs. Does this mean that what I have done is illegal? Sounds like a bunch of horse shit to me.
Excalpius
Reply #22 Wednesday, February 22, 2006 6:37 PM
remember that this article states that the RIAA "thinks" this is illegal under its "I paid for legislation, you can too!" DMCA. The courts will bounce this if given the chance.
Evorg
Reply #23 Wednesday, February 22, 2006 6:47 PM
The whole thing sure has become an issue, hasnt it?

"Make a copy, go to jail"

Boy that 3 strikes law really makes it interesting..LoL!!


Lol!

I use to take legally purchased cassettes and dub specific songs onto a blank cassette for that “special tape” to help me win that gold medal in the nights Olympics with Anna.

Now I’m being told I’m a criminal and they’re going to throw me in the slammer with Bubba.

Bubba: “what’re you in for punk?”

Me: “I copied some tracks off my Oingo Boingo CD into my ipod; I thought it would help me get lucky with Anna”

Bubba: “Don’t worry sweet cheeks; you’ll be getting lucky tonight”

Yikes!

Looks like Bubba and the RIAA has the same ideas about fair use.

It’s so funny it’s like a bad Saturday Night Live skit gone awry
pandpneal
Reply #24 Wednesday, February 22, 2006 9:23 PM
We have been having similar discussions here in New Zealand. However, our Commerce Commission believe that coping your legally purchased CDs to you iPod/Gigabeat/whatever is covered under our "Fair Use" laws (for the time being anyway), the record industry giants aren't overly happy about it.

Just as well though, because we don't have an iTunes store, and Apple have stated they have no plans to open one here.

Here's a thought, if the RIAA do succeed in making it illegal to transfer your music to another device, does that mean that you can sue Apple, Microsoft, Toshiba etc for selling a products that have no legal use?
Jafo
Reply #25 Wednesday, February 22, 2006 11:25 PM

does that mean that you can sue Apple, Microsoft, Toshiba etc for selling a products that have no legal use?

No...but you'd be entitled to a full refund, as the product failed its intended use....

Adamness
Reply #26 Wednesday, February 22, 2006 11:51 PM
They have a use if you want to pay twice for the same song or album. Once for the CD, the second for the iTunes or other music store download.

See, it all works out...
pandpneal
Reply #27 Thursday, February 23, 2006 12:58 AM
They have a use if you want to pay twice for the same song or album. Once for the CD, the second for the iTunes or other music store download


Not if it is interpreted as citizen omzars quotes above.

...as iTunes downloads do not go directly to the iPod (or smiliar players) the transferring of a music file from iTunes to an iPod obviously constitutes making an illegal copy of the file
Beesley
Reply #28 Thursday, February 23, 2006 7:52 AM
I guess the first one they'd have to arrest is President Bush . . . seeing as it's been publicized that he, and his wife for that matter, are ipod users. And if it's illegal to transfer music to an ipod, how did he get the music on his ipod? This is so stupid it actually makes me laugh.

Here's my question: What can we do about it? Do we have addresses that we can write complaining letters to? Do we have a phone number that we can call & complain to these people?
If we live in a Democracy, then our voice should be heard (just like it does with voiting in the President & other members of government).
Kevison
Reply #29 Thursday, February 23, 2006 8:16 AM
This is a future RIAA doesnt want to happen. Much like cable tv companies wont allow you to pick the channels you want, you have to buy the package, the whole package. But what if you could just buy that song and not the whole cd? But what if you could just pick the only 3 cable channels you ever watch and only pay for just those items! Wow wouldnt that be nice? I remember either a book or movie where in the future the main character selected only those items he wanted. He/She didnt have to buy a whole cd or 255 channels of crap. They purchased only those items that they liked.

I think this would be a wonderful future to have happen now. Maybe it would force the recording industry to put more quality into their content. I mean on a whole cd there are only 2 or 3 songs I really want to hear. I dont watch tv or cable anymore because of the filth that plagues it. If I could have my ideal cable tv it would be sci-fi, history channel, and maybe the weather channel. Would be nice to see cable providers bust their humps to provide for better content ooooo maybe even force the Hollywood(or whereever programs come from) types to make better content.

Its time for a change. Its called growth. RIAA can b*tch all they want but sooner or later things change. Vinyl to CD to ..ipod to...

NightTrainthedark
Reply #30 Thursday, February 23, 2006 8:32 AM
Uh oh, I guess all those songs stuck in my head are illegal copies now.
Kevison
Reply #31 Thursday, February 23, 2006 10:04 AM
Uh oh, I guess all those songs stuck in my head are illegal copies now


heheh only illegal if you sing them out loud.
dynaudio
Reply #32 Thursday, February 23, 2006 10:43 AM
This is the FUTURE....what is being sought after is:

The consumer owns the physical disc

The Record Company owns and will always own the music [in every form]

You can buy a disc [music or movie etc.] burn it, break it, hang it from your ears, but its content will always belong to the originator.
PintSki
Reply #33 Thursday, February 23, 2006 11:02 AM
this view on things is retarded with the technology today, i buy my cd's, and directly convert them to mp3 on my pc, so i can play what i want when i want, not having to browse between the 200+ cd's i have, they're all in the attic nowadays +it's easy to put some on the mp3 player to carry with you, point is, you not only buy the physical cd, you also buy the rights to the song for you personally , and in that view once you own that right, the carrier makes no difference, as long as you keep it for yourself.
another thought; if what i'm doing now is illegal, why even bother buying cd's and converting, maybe i'll just start downloading them after all, since either way is illegal
Adamness
Reply #34 Thursday, February 23, 2006 11:56 AM
maybe i'll just start downloading them after all, since either way is illegal


That's a good point. Since there doesn't seem to be any legal and practical way of listening to music, why not just save your money and download music and use it how you wish. I sure don't want to keep giving the RIAA more money.
Fuzzy Logic
Reply #35 Thursday, February 23, 2006 12:30 PM
The legal and practical way of listening to music is to buy a CD, stick it in your CD player and click 'play' 
Fuzzy Logic
Reply #36 Thursday, February 23, 2006 12:38 PM

point is, you not only buy the physical cd, you also buy the rights to the song for you personally

Incorrect. When you but a CD, you only purchase the right to listen to it, nothing else. A quote from a CD:

WARNING: All rights reserved. Unauthorised copying, reproduction, hiring, lending, public performance and broadcasting prohibited. 

Seems clear to me.

Double Zero
Reply #37 Thursday, February 23, 2006 3:13 PM
The legal and practical way of listening to music is to buy a CD, stick it in your CD player and click 'play'


Well that "Logic" isnt "fuzzy" at all, LoL..Pretty straight forward and to the point...

WARNING: All rights reserved. Unauthorised copying, reproduction, hiring, lending, public performance and broadcasting prohibited.


Huh, with a warning label like that radio stations had better be getting permission "muy pronto" LoL

Which brings us to this...
The legal and practical way of listening to music is to buy a CD


You can just listen to the radio and forget about actually having a library of favorites...

Yeah right...
Adamness
Reply #38 Thursday, February 23, 2006 3:35 PM
The legal and practical way of listening to music is to buy a CD, stick it in your CD player and click 'play'


Does this mean audio technology stops at CDs? What is to become of mp3 players?
cerendir
Reply #39 Thursday, February 23, 2006 4:17 PM
Does this mean audio technology stops at CDs? What is to become of mp3 players?


Good question. I think we're all supposed to learn some instrument, start our own bands, record some songs and listen to it on our mp3 players. That's obviously the only "legal" option available.
Jafo
Reply #40 Thursday, February 23, 2006 5:56 PM

Huh, with a warning label like that radio stations had better be getting permission "muy pronto" LoL

They do.

They are granted broadcast rights....for a fee....

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