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RIAA: Ripping your purchased CDs = Stealing


FlyersHockey1967

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http://arstechnica.com/news.ars/post/20071...authorized.html

Those MP3 and AAC files that you've ripped from your CD collection are still "unauthorized copies" in the eyes of the recording industry. In a brief filed late last week, the RIAA said that the MP3 files on a PC owned by a file-sharing defendant who had admitted to ripping them himself were "unauthorized copies."

Atlantic v. Howell is a bit unusual because the defendants, husband and wife Jeffrey and Pamela Howell, are defending themselves against the recording industry's lawsuit without the benefit of a lawyer. They were sued by the RIAA in August 2006 after an investigator from SafeNet discovered evidence of file-sharing over the KaZaA network.

The Howells have denied any copyright infringement on their part. In their response to the RIAA's lawsuit, they said that the MP3 files on their PC are and "always have been" for private use. "The files in question are for transfer to portable devices, that is legal for 'fair use,'" reads their response.

After several years of litigation and nearly 30,000 lawsuits, making a copy of a CD you bought for your own personal usage is still a concept that the recording industry is apparently uncomfortable with. During the Jammie Thomas trial this fall, the head of litigation from Sony BMG testified that she believed that ripping your own CDs is stealing.

When asked by the RIAA's lead counsel whether it was wrong for consumers to make copies of CDs they have purchased, Jennifer Pariser replied in the negative. "When an individual makes a copy of a song for himself, I suppose we can say he stole a song," said Pariser. Making "a copy" of a song you own is just "a nice way of saying 'steals just one copy'," according to Pariser.

At least the recording industry is consistent. Last year, during the triennial review of the DMCA by the US Copyright Office, the record labels made the case that although consumers could freely and easily make copies of music on CDs, doing so is not explicitly authorized by the labels. Since they have not expressly authorized copying—even for the purposes of making backups—the ability to make copies should not be mistaken for fair use.

Based on the filing in Atlantic v. Howell and Pariser's testimony, a lot of us have a bunch of "unauthorized" and "stolen" music on our hard drives—music that we've purchased ourselves. The recording industry may finally be making some serious strides to win consumers over by removing the shackles of DRM, but its continued insinuations that its customers are thieves threatens to disperse any build-up of goodwill among its customers.

Pathetic.

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This keeps getting more and more interesting. They seem to be going on new roads I never thought would've been a big deal.

Well here's the thing: It's all about the money. Remember how companies freaked out when the VCR was released and they were worried about a bunch of people being invited to one house and watching a film without having to pay for it? Their take on this is that if you want a backup, there are plenty of them on store shelves for an inflated price of $20. They want us to buy multiple copies of the same CD and will do so by making sure copying discs is illegal.

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This subject has always bugged me to no end. However, my only consolation is that they are and always will be fighting a losing battle. Digital content is, by its very nature, unprotectable. In order for that copy protected dvd to work in your player at home, that protection must be broken by your legal dvd player, and some kid making minimum wage in Russia is gonna do it a day or two after your fancy protection scheme came out.

I'm not advocating illegal behavior, I'm saying the system needs to change. No one wants a copy protected "broken" disk, no one wants to pay more for a downloaded album off itunes et al that costs more than walking into the brick and mortar store and buying a physical album, and most importantly, no one wants to be criminalized for using their purchase as they see fit. No one, repeat, no one, thinks it's wrong to make a backup copy of a cd they legally bought. I wish this couple the best of luck against a ridiculous lawsuit.

Coincidentally, it also shouldn't be easier to acquire music et ceterea illegally than legally. I know people with less than mainstream taste for music, and sometimes the ONLY way they can get their music is illegal downloading. Not in stores, not on legal websites. Nowhere. That's not wrong, they're willing to pay, but no one wants their business enough to set up a storefront.

Enough of my rant.

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The business didn't know what to do a few years ago when Napster hit the scene. Some companies lowered the price point (the music CD being the only technology NOT to go down in price after it has debuted) but most didn't and they got a false sense of security when the RIAA started to sue everyone. Of course, that pushed illegal downloaders further underground and also brought people back into buying singles where the margin is so much less than a cd. Everyone who works in the business (except niches) are pessimistic, they need to change or they will start to become less and less relevant.

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One of the things I have liked about myspace in the past is the fact that if you go to a band's site, you can sample there music, which has led me to buy more CDs from said band. Nothing is worse than spending $15 for a CD that when you hear the first two releases from it, sounds good, but then you listen to the rest of the CD and the rest is crap. I am more cautious music-wise as a result.

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  • 3 years later...

Yeah....at least there are sites like amazon where you can sample the songs before you buy them.

I only buy the actual CD's from my favorite bands. Other than that, I purchase on a per mp3 basis.

The recording industry is only about the $. They could care less about the artists/bands, or even the fans for that matter. They'll re-release the same CD 10 times over if they think they can make any $ from it.

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RAGE THREAD RESURRECTION. Go JChatary!

Ya, so I buy vinyl. 45's and 12". <shrug>

Cd's are dead. LP's rule. better package all round. :thumbsup:

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Awww..those poor artists look sooooo broke these days. I feel bad for 'em.

Good thing I don't download OR purchase music...I listen to talk radio, always interesting and rarely a repeat.

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...I listen to talk radio, always interesting and rarely a repeat.

OR play music.. Which is kind of the point.

If I wanted to listen to talking I would get a Jello biafra or Henry Rollens CD..

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Music is what I live for, more so than hockey or anything else. I've ripped all of my cd's onto my computer and loaded them onto my ipod. I've never bought an mp3, the sound quality isn't good enough. I also have four 1TB hard drives of live concerts that I've downloaded by bands like the Grateful Dead, The Black Crowes, Rolling Stones, Gov't Mule, etc... all of it legally downloaded. All the bands I like allow and even encourage fans to tape their shows and trade them.

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  • 2 weeks later...

I have thousands upon thousands of ripped MP3's. I thought the RIAA lost this case? As far as I'm aware, ripping tracks from a CD you legally purchased is and always has been within your legal rights under the Fair Use Act. The problem is when you said those files through torrents, P2P networks or any other means.

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