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.

News source: Arstehnica.com



There are 130 additional comments
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(6 replies) Quote this comment Reply to this comment #1 Posted by +abulfares on 11 Dec 2007 - 17:40
aren't the RIAA sick and tired of this goose chase?

For God sake when I buy a CD, I believe I have the right to listen to its content whenever I want and i dont always carry my laptop.

I know we dont "own" the content but we have the right to listen to it even in our sleep and MP3 players made that so much easier.

Its not like the recording industry are not making billions already. GET A LIFE RIAA.
Quote this comment #1.1 Posted by Pippin666 on 11 Dec 2007 - 19:22
Quote - (abulfares said @ #1)
aren't the RIAA sick and tired of this goose chase?

For God sake when I buy a CD, I believe I have the right to listen to its content whenever I want and i dont always carry my laptop.

I know we dont "own" the content but we have the right to listen to it even in our sleep and MP3 players made that so much easier.

Its not like the recording industry are not making billions already. GET A LIFE RIAA.
RIAA don't care if you think you have the right to do this or to do that. The law says you don't and they are there to apply it.

I would like to kill my boss, but it's illegal.

Pip'
Quote this comment #1.2 Posted by PatrynXX on 11 Dec 2007 - 19:37
Quote - (Pippin666 said @ #1.1)
Quote - (abulfares said @ #1)
aren't the RIAA sick and tired of this goose chase?

For God sake when I buy a CD, I believe I have the right to listen to its content whenever I want and i dont always carry my laptop.

I know we dont "own" the content but we have the right to listen to it even in our sleep and MP3 players made that so much easier.

Its not like the recording industry are not making billions already. GET A LIFE RIAA.
RIAA don't care if you think you have the right to do this or to do that. The law says you don't and they are there to apply it.

I would like to kill my boss, but it's illegal.

Pip'


That's an argument. That isn't the law. Even judges have gotten irritated at the RIAA for bending the law. Basically thru some odd sort of events, fair use has ceased to exist. Shall I assume then that all those new fangled record players with a USB port out the back might be encouraging bad behavior. I converted several 78's for some of my Senior relatives. Obviously they don't have a 78 player and those almost 100 year old 78's probably are long out of print.

At least for now I'm on an off music moment. Sometimes on mostly off (although I certainly wouldn't want a REAL cd sitting in my car. That might encourage some bad behavior from actual thieves.)

Have plenty of movies, books and video games to keep me entertained. As well as some adult fare to keep me busy. Just the same old RIAA I guess. Running things like organized crime. Much like Bush did. Hey it's legal.. cause I told my attorney general to make it legal.
Quote this comment #1.3 Posted by TC17 on 12 Dec 2007 - 00:11
Quote - (Pippin666 said @ #1.1)
Quote - (abulfares said @ #1)
aren't the RIAA sick and tired of this goose chase?

For God sake when I buy a CD, I believe I have the right to listen to its content whenever I want and i dont always carry my laptop.

I know we dont "own" the content but we have the right to listen to it even in our sleep and MP3 players made that so much easier.

Its not like the recording industry are not making billions already. GET A LIFE RIAA.
RIAA don't care if you think you have the right to do this or to do that. The law says you don't and they are there to apply it.

I would like to kill my boss, but it's illegal.

Pip'

Don't you just love some of the RIAA fanboys who post in these threads supporting what they do. Its just sickening. How do you guys live with yourself?

And even if it was "law", that doesn't make it right. If they pass a law telling you to jump off a bridge, would you do it? Well, you probably would from your reply.

Quote this comment #1.4 Posted by solardog on 12 Dec 2007 - 02:44
Quote - (PatrynXX said @ #1.2)
Quote - (Pippin666 said @ #1.1)
Quote - (abulfares said @ #1)
aren't the RIAA sick and tired of this goose chase?

For God sake when I buy a CD, I believe I have the right to listen to its content whenever I want and i dont always carry my laptop.

I know we dont "own" the content but we have the right to listen to it even in our sleep and MP3 players made that so much easier.

Its not like the recording industry are not making billions already. GET A LIFE RIAA.
RIAA don't care if you think you have the right to do this or to do that. The law says you don't and they are there to apply it.

I would like to kill my boss, but it's illegal.

Pip'


That's an argument. That isn't the law. Even judges have gotten irritated at the RIAA for bending the law. Basically thru some odd sort of events, fair use has ceased to exist. Shall I assume then that all those new fangled record players with a USB port out the back might be encouraging bad behavior. I converted several 78's for some of my Senior relatives. Obviously they don't have a 78 player and those almost 100 year old 78's probably are long out of print.

At least for now I'm on an off music moment. Sometimes on mostly off (although I certainly wouldn't want a REAL cd sitting in my car. That might encourage some bad behavior from actual thieves.)

Have plenty of movies, books and video games to keep me entertained. As well as some adult fare to keep me busy. Just the same old RIAA I guess. Running things like organized crime. Much like Bush did. Hey it's legal.. cause I told my attorney general to make it legal.

Wow, that is the most rediculous argument Ive ever heard.
Quote this comment #1.5 Posted by Danrarbc on 12 Dec 2007 - 02:57
Quote - (Pippin666 said @ #1.1)
Quote - (abulfares said @ #1)
aren't the RIAA sick and tired of this goose chase?

For God sake when I buy a CD, I believe I have the right to listen to its content whenever I want and i dont always carry my laptop.

I know we dont "own" the content but we have the right to listen to it even in our sleep and MP3 players made that so much easier.

Its not like the recording industry are not making billions already. GET A LIFE RIAA.
RIAA don't care if you think you have the right to do this or to do that. The law says you don't and they are there to apply it.

I would like to kill my boss, but it's illegal.

Pip'

Ever hear the phrase 'fair use'?

No? Apparently neither has the RIAA.
Quote this comment #1.6 Posted by NightmarE D on 12 Dec 2007 - 07:05
Quote - (Pippin666 said @ #1.1)
Quote - (abulfares said @ #1)
aren't the RIAA sick and tired of this goose chase?

For God sake when I buy a CD, I believe I have the right to listen to its content whenever I want and i dont always carry my laptop.

I know we dont "own" the content but we have the right to listen to it even in our sleep and MP3 players made that so much easier.

Its not like the recording industry are not making billions already. GET A LIFE RIAA.
RIAA don't care if you think you have the right to do this or to do that. The law says you don't and they are there to apply it.

I would like to kill my boss, but it's illegal.

Pip'


Using your logic then any kind of portable player like a Zune or an iPod would also be illegal to own.

Once I hand over cash when I buy an album, I will listen to that album any way I choose. I don't care what any (twisted/fake) law says. I'm not putting it out on the internet for millions to download and it's complete BS that anyone who owns a computer and keeps music on it is treated like a criminal.

I mean it's complete BS. I like having everything on my computer because you can make it sound much better and everything is right there with a click of a mouse. You don't have to go hunting through stacks of CD's to hear a specific song. It's all right there.
Quote this comment Reply to this comment #2 Posted by Purple Haze on 11 Dec 2007 - 17:41
Next on the RIAA agenda: self-destructing CDs, forcing you to repurchase CDs every three months; owning a permanent copy isn't a right, it's a privilege. Soon to be followed by lawsuits against anyone who plays music loud enough to be recorded with a $2 microphone.
Quote this comment Reply to this comment #3 Posted by nEGAc on 11 Dec 2007 - 17:43
Ridiculous, simply ridiculous. I can't rip MY OWN CDs THAT I PAID FOR, even for personal use? They really are an awful company. If they disappeared of the face of the planet, who the hell would care?

"When an individual makes a copy of a song for himself, I suppose we can say he stole a song"

Wow. So, you suppose so do you? No, it's nothing even close to stealing. Morons.
(1 reply) Quote this comment Reply to this comment #4 Posted by vetmarkjensen on 11 Dec 2007 - 17:47
If I post here that I rip my CDs, then am I not admitting to piracy (copyright infringement), which is against forum rules?

I guess it isn't official until upheld in (US) court. Other courts have already ruled on this.
Quote this comment #4.1 Posted by Julius Caro on 11 Dec 2007 - 20:08
Nah. There were a few news items on how to circumvent WGA. This is nothing :p
Quote this comment Reply to this comment #5 Posted by jelli on 11 Dec 2007 - 17:48
I think there is a higher chance of hell freezing over than the RIAA getting some common sense and accepting that copying a music track that you have bought regardless of the medium it exists on for your own use on your own device is fair use.

I wonder if the RIAA is aware of the amount of hatred and utter contempt that they seem to generate.
(6 replies) Quote this comment Reply to this comment #6 Posted by +Kushan on 11 Dec 2007 - 17:50
Personally, I think the amount of bull**** the RIAA spews from it's putrid mouth is unauthorised. Maybe I should sue.
Quote this comment #6.1 Posted by vetmarkjensen on 11 Dec 2007 - 17:59
Quote - (Kushan said @ #6)
Personally, I think the amount of bull**** the RIAA spews from it's putrid mouth is unauthorised. Maybe I should sue.
Well, technically, the RIAA is right. The ripping to MP3 (or OGG) is not "authorized".

Now, I believe (as most others do, I suspect) that the ripping of CDs complies with "Fair Use" of copyright. This specific example is just not court-tested, as far as I am aware.
Quote this comment #6.2 Posted by Odom on 11 Dec 2007 - 21:49
I was once told by a lawyer friend exactly the same (as far as the UK is concerned), that ripping a CD to mp3 isn't legal. Hence, according to the letter of the law, all mp3 players are illegal, as they exist to reproduce illegally ripped contents. Hence, if mp3 players are illegal, they shouldn't even be allowed to be sold anyway, etc.. etc..

Actually, the same goes for the TV. You are allowed to tape something off of it, but, again according strictly to the law, you have to erase tat same tape the latest after 7 days. You are not allowed to keep tapes longer than that.
Quote this comment #6.3 Posted by vetmarkjensen on 11 Dec 2007 - 21:59
Quote - (Odom said @ #6.2)
I was once told by a lawyer friend exactly the same ...
Oh, god. A lawyer agrees with what I said?

I must be wrong then.
Quote this comment #6.4 Posted by qwexor on 12 Dec 2007 - 01:04
Quote - (Odom said @ #6.2)
I was once told by a lawyer friend exactly the same (as far as the UK is concerned), that ripping a CD to mp3 isn't legal. Hence, according to the letter of the law, all mp3 players are illegal, as they exist to reproduce illegally ripped contents. Hence, if mp3 players are illegal, they shouldn't even be allowed to be sold anyway, etc.. etc..

Actually, the same goes for the TV. You are allowed to tape something off of it, but, again according strictly to the law, you have to erase tat same tape the latest after 7 days. You are not allowed to keep tapes longer than that.


What about people who buy an mp3 player and purchase music through online stores (ie. apple itunes store).
Quote this comment #6.5 Posted by QuarterSwede on 12 Dec 2007 - 05:02
Quote - (qwexor said @ #6.4)
Quote - (Odom said @ #6.2)
I was once told by a lawyer friend exactly the same (as far as the UK is concerned), that ripping a CD to mp3 isn't legal. Hence, according to the letter of the law, all mp3 players are illegal, as they exist to reproduce illegally ripped contents. Hence, if mp3 players are illegal, they shouldn't even be allowed to be sold anyway, etc.. etc..

Actually, the same goes for the TV. You are allowed to tape something off of it, but, again according strictly to the law, you have to erase tat same tape the latest after 7 days. You are not allowed to keep tapes longer than that.


What about people who buy an mp3 player and purchase music through online stores (ie. apple itunes store).

According to the RIAA that would be authorized use so you'd be fine. It never ceases to amaze me how idiotic the RIAA is.
Quote this comment #6.6 Posted by Odom on 12 Dec 2007 - 08:11
Quote - (QuarterSwede said @ #6.5)
Quote - (qwexor said @ #6.4)
Quote - (Odom said @ #6.2)
I was once told by a lawyer friend exactly the same (as far as the UK is concerned), that ripping a CD to mp3 isn't legal. Hence, according to the letter of the law, all mp3 players are illegal, as they exist to reproduce illegally ripped contents. Hence, if mp3 players are illegal, they shouldn't even be allowed to be sold anyway, etc.. etc..

Actually, the same goes for the TV. You are allowed to tape something off of it, but, again according strictly to the law, you have to erase tat same tape the latest after 7 days. You are not allowed to keep tapes longer than that.


What about people who buy an mp3 player and purchase music through online stores (ie. apple itunes store).

According to the RIAA that would be authorized use so you'd be fine. It never ceases to amaze me how idiotic the RIAA is.


Buying the mp3 through online stores would be the only way to go, as it is the only legal way to get to an mp3....as ridiculus as it sounds.
(2 replies) Quote this comment Reply to this comment #7 Posted by Ogmius on 11 Dec 2007 - 17:55
The RIAA is nothing but a bunch of stuffed shirts trying to line their pockets with their customer's money. The only thing they are doing is promoting piracy and showing people just how greedy they are by doing these kinds of things. 30,000 lawsuites! That is insanity. Wasnt there some kind of law passed to prevent this kind of frivilous waste of taxpayer's money?

It's amazing that they werent doing this 20 years ago when people were taking cassette tapes and making their own mixes to listen to... there are tons of software out there designed to make your own mix CD's. Why not go sue little jonny for making a mix tape for his kidergarden girlfriend back in 1985... I mean seriously. It's all about greed. I dont care what format the media is in that I PAID for, but the fact is that I PAID for it, and I have the right to use my property (digital or hard copy) however I see fit.

Go screw yourselves RIAA, get a life and go do something to BENEFIT society.
Quote this comment #7.1 Posted by Lasker on 11 Dec 2007 - 18:11
+1 I think you have the best comment so far, I like it and let me tell you that I agree totally, I totally believe that they are a corrupted organization, the reason that the supreme court does not do anything to the RIAA is because money have power, they can buy lawyers, judges, people, companies etc, etc. That's why they have such power to be greedy, they don't care about people, they don't care if you bought cd's, if you are the owners of cd's that nothing, you don't have a ****ing right to use it for personal copy use. RIAA can kiss my ass, I am never ever going to spend a cent in CD'S for RIAA to became with more power, **** you bitch
Quote this comment #7.2 Posted by NightmarE D on 12 Dec 2007 - 07:30
Same thing I've been saying for a while now. It's no different than back when I was younger and would tape songs that I liked off the radio. They weren't saying anything about the millions upon millions of people that were doing that. It's just stupid.

I mentioned this further down, but it's the RIAA and the studios that are the biggest thieves here. They'll sign an artist and put their album out. That album goes on to make millions and the artists themselves only see a very small fraction of that. Now I know people will mention "well usually the artist gets a contract and a good amount of money up front" and don't forget that most of that money they get in the beginning goes right back to the studio when they start recording the album. This is why most new artists that get a hit song do long tours because almost all of that tour money goes right to the artist and that's where they make the real money at. This is also why more and more artists are going independent and doing it all themselves. So they have complete control over everything they create.
Quote this comment Reply to this comment #8 Posted by Fubar on 11 Dec 2007 - 18:04
i dont know how you americans put up with such utter twaddle like that its just amazing that the riaa think like this lol
(6 replies) Quote this comment Reply to this comment #9 Posted by Neo-Lenin on 11 Dec 2007 - 18:15
RIAA (Retarded Industry of America Association)... luckily im in Canada.... WOOOHOOO!!! Here the RCMP and Parliament declared that piracy is legal as long as its for personal use and non-profit.
Quote this comment #9.1 Posted by Tha Bloo Monkee on 11 Dec 2007 - 18:18
Go Canada! w00t!
Quote this comment #9.2 Posted by +Berserk87 on 11 Dec 2007 - 18:43
Quote - (Neo-Lenin said @ #9)
RIAA (Retarded Industry of America Association)... luckily im in Canada.... WOOOHOOO!!! Here the RCMP and Parliament declared that piracy is legal as long as its for personal use and non-profit.


id like to see a link of them declaring this...

all ive heard is that we have outdated copyright laws, and the rcmp think its a waste of resources to follow up on piracy.
Quote this comment #9.3 Posted by ghostwind on 11 Dec 2007 - 18:52
It was actually a supreme court ruling, not parliment or the RCMP. The fact that the justice came up with the ruling was due to the way present copyright rules are written. unfortunately, the present government is due to table a bill that is eerily similar to the DCMA act in the United States
Quote this comment #9.4 Posted by ghostwind on 11 Dec 2007 - 19:03
Quote - (ghostwind said @ #9.3)
It was actually a supreme court ruling, not parliment or the RCMP. The fact that the justice came up with the ruling was due to the way present copyright rules are written. unfortunately, the present government is due to table a bill that is eerily similar to the DCMA act in the United States


It appears that bill may be quashed after all:
link to cbc
Quote this comment #9.5 Posted by Manuroc on 11 Dec 2007 - 22:33
Quote - (ghostwind said @ #9.4)
Quote - (ghostwind said @ #9.3)
It was actually a supreme court ruling, not parliment or the RCMP. The fact that the justice came up with the ruling was due to the way present copyright rules are written. unfortunately, the present government is due to table a bill that is eerily similar to the DCMA act in the United States


It appears that bill may be quashed after all:
link to cbc


So why did the CRIA shut down Demonoid.com and various other Canadian websites?
Quote this comment #9.6 Posted by random_n on 12 Dec 2007 - 00:05
Quote - (Manuroc said @ #9.5)
So why did the CRIA shut down Demonoid.com and various other Canadian websites?


Their upstream providers feared litigation would be more costly than keeping their customers. Lawyers are expensive even when you win your battles.
Quote this comment Reply to this comment #10 Posted by ThatOne6uy on 11 Dec 2007 - 18:16
Reprehensible Industry Abounding in Atrocities

Simply unbelievable that they would state that ripping a song is the same as stealing a song.
(1 reply) Quote this comment Reply to this comment #11 Posted by Tha Bloo Monkee on 11 Dec 2007 - 18:17
Dear RIAA,
Go **** yourselves. I paid for it. Thank you.

What a bunch of crooks.
Quote this comment #11.1 Posted by Croquant on 11 Dec 2007 - 18:42
+1
Quote this comment Reply to this comment #12 Posted by Galley on 11 Dec 2007 - 18:30
Buying a CD grants you a license to listen to that recording. If I wanna listen to it in AAC form on my Mac or my iPod then that is my right as a consumer. I've got 14,000 tracks and every single one of them are ripped from CDs (which I still own), so the RIAA can suck it!
Quote this comment Reply to this comment #13 Posted by +Lexcyn on 11 Dec 2007 - 18:33
The RIAA just reached a new low. Hey, I rip all the CD's I buy and put them on an external drive to listen to in the car. COME GET ME!!!
Quote this comment Reply to this comment #14 Posted by X'tyfe on 11 Dec 2007 - 18:34
lawl

does it never end? havent they given up yet
(8 replies) Quote this comment Reply to this comment #15 Posted by WICKO on 11 Dec 2007 - 18:37
Thank god I live in Canada.

1. Ripping your own CDs to a playable format for your player is *NOT* stealing. It never was, and it never will be.

2. Downloading CDs that you don't own a physical copy of, is *NOT* stealing. It never was, and it never will be.

Stealing implies that one has lost property of some sort. When downloading an album, the record companies and bands have not lost any property whatsoever. In fact, it is basically invisible to them, and they have no way of knowing without using dirty tricks.

RIAA justifies this as stealing by counting it as a lost sale. This is simple mathematics. downloading does not imply not buying the CD which in turn would imply lost sale. You cannot guarantee that someone who downloads an album will not purchase it later. Many of you will argue that once someone downloads an album, they will never buy it. But the truth is, you have no idea what someone will do. Even if all your friends, or if you knew 100 people, and they NEVER buy a CD they downloaded, that does not accurately represent the entire population of people who download albums. I, in turn, cannot argue that more people will buy the CD afterwards. But what I can say, is that a downloaded album does not guarantee a lost sale.

Therefore, it cannot be considered stealing. And i hope its clear that ripping CD's you've purchased is even less related to stealing.
Quote this comment #15.1 Posted by PatrynXX on 11 Dec 2007 - 19:41
Many of the albums I've downloaded I have bought as real cd's. Including Poets of the Fall, which I'd never heard of, but was so enthralled by their music I shelled out $31 to have it imported from Finland. Money isn't really the problem here. It's the lack of good music. That I have to go to Finland to find some good music is pretty sad.
Quote this comment #15.2 Posted by bolix on 11 Dec 2007 - 19:44
Quote - (WICKO said @ #15)
Thank god I live in Canada.

1. Ripping your own CDs to a playable format for your player is *NOT* stealing. It never was, and it never will be.

2. Downloading CDs that you don't own a physical copy of, is *NOT* stealing. It never was, and it never will be.

Stealing implies that one has lost property of some sort. When downloading an album, the record companies and bands have not lost any property whatsoever. In fact, it is basically invisible to them, and they have no way of knowing without using dirty tricks.

RIAA justifies this as stealing by counting it as a lost sale. This is simple mathematics. downloading does not imply not buying the CD which in turn would imply lost sale. You cannot guarantee that someone who downloads an album will not purchase it later. Many of you will argue that once someone downloads an album, they will never buy it. But the truth is, you have no idea what someone will do. Even if all your friends, or if you knew 100 people, and they NEVER buy a CD they downloaded, that does not accurately represent the entire population of people who download albums. I, in turn, cannot argue that more people will buy the CD afterwards. But what I can say, is that a downloaded album does not guarantee a lost sale.

Therefore, it cannot be considered stealing. And i hope its clear that ripping CD's you've purchased is even less related to stealing.


<snipped>

Have you heard of intellectual property, in which the owner of that "property" has exclusive rights, called copyrights, on which the owner has control on the reproduction of such property.

They never say that you are stealing, it just says that it is an unauthorized copy, because you don't have the right to make that copy. The only thing said about stealing is a personal opinion by Pariser.

Last edited by neufuse on 12 Dec 2007 - 01:05
Quote this comment #15.3 Posted by WICKO on 11 Dec 2007 - 20:25
Quote - (bolix said @ #15.2)
Hey genius,

Have you heard of intellectual property, in which the owner of that "property" has exclusive rights, called copyrights, on which the owner has control on the reproduction of such property.

They never say that you are stealing, it just says that it is an unauthorized copy, because you don't have the right to make that copy. The only thing said about stealing is a personal opinion by Pariser.


<snipped>

Have you heard of this concept called reading? Whoever's opinion it is, she's the lead counsel for the RIAA. Her opinion actually makes a difference, and she clearly stated said she thinks its stealing. In fact, she said "we", and I have no doubt she speaks for quite a number of people. And I argued that it wasn't. Even if it *was* her opinion and hers alone, that doesn't mean I can't argue it.

And by saying "You don't have the right to make that copy", you meant "I don't have the right", because I sure as hell have that right, living in Canada and all.

And with regards to intellectual property, thanks. I had no idea. What will they come up with next??

By definition, it is still not stealing. There is still no loss of property. You can, however, call it "copyright infringement", I'm sure you're familiar with the term, you intellectual property expert you. My post was mainly arguing the terms they use. Not once did I say it was legal, or even morally right or wrong.

Last edited by neufuse on 12 Dec 2007 - 01:04
Quote this comment #15.4 Posted by WICKO on 11 Dec 2007 - 20:29
Quote - (PatrynXX said @ #15.1)
Many of the albums I've downloaded I have bought as real cd's. Including Poets of the Fall, which I'd never heard of, but was so enthralled by their music I shelled out $31 to have it imported from Finland. Money isn't really the problem here. It's the lack of good music. That I have to go to Finland to find some good music is pretty sad.

Yeah, I've done the same. But theres also a matter of taste I guess, I mean I think a lot of the music out today is absolute ****, and most of it probably is, but then I'm sure there are many people older than myself who thought the music I listened to in the 90's was absolute **** as well.

The one thing that downloading albums has done for me is opened up my taste to bands I've never heard of and never get radio time, at least around where I live. The number of artists I listen to has expanded greatly. And I believe this is a good thing, and the RIAA should maybe try to manage something similar to Oink's. But I guess they are oblivious to this because they've shot themselves in the foot, many times now.
Quote this comment #15.5 Posted by bolix on 11 Dec 2007 - 21:40
Quote - (WICKO said @ #15.3)
Quote - (bolix said @ #15.2)
<snipped>
Have you heard of intellectual property, in which the owner of that "property" has exclusive rights, called copyrights, on which the owner has control on the reproduction of such property.

They never say that you are stealing, it just says that it is an unauthorized copy, because you don't have the right to make that copy. The only thing said about stealing is a personal opinion by Pariser.


<snipped>

Have you heard of this concept called reading? Whoever's opinion it is, she's the lead counsel for the RIAA. Her opinion actually makes a difference, and she clearly stated said she thinks its stealing. In fact, she said "we", and I have no doubt she speaks for quite a number of people. And I argued that it wasn't. Even if it *was* her opinion and hers alone, that doesn't mean I can't argue it.

And by saying "You don't have the right to make that copy", you meant "I don't have the right", because I sure as hell have that right, living in Canada and all.

And with regards to intellectual property, thanks. I had no idea. What will they come up with next??

By definition, it is still not stealing. There is still no loss of property. You can, however, call it "copyright infringement", I'm sure you're familiar with the term, you intellectual property expert you. My post was mainly arguing the terms they use. Not once did I say it was legal, or even morally right or wrong.


He never wasn't talking on behalf of the RIAA. He said "I suppose we can say he stole a song". And why would I be talking about Canada? RIAA represents only the recording industry on USA. Plus, what are you trying to say? That the author doesn't has copyrights over his creation on Canada?

Last edited by neufuse on 12 Dec 2007 - 01:06
Quote this comment #15.6 Posted by WICKO on 12 Dec 2007 - 00:05
Quote - (bolix said @ #15.5)
He never wasn't talking on behalf of the RIAA. He said "I suppose we can say he stole a song". And why would I be talking about Canada? RIAA represents only the recording industry on USA. Plus, what are you trying to say? That the author doesn't has copyrights over his creation on Canada?


You're going to have to rephrase your first two sentences because I'm not entirely sure if you're using a double negative or you made a typo.

You're missing the entire point of my original post. I'm arguing semantics basically.

And I'm trying to say that in Canada, its perfectly legal to make personal copies of your music for private use. Therefore, I am still authorized to rip my CD's. I'm well aware that the RIAA represents american record companies, but trust me their views are synonomous with the CRIA. If an author wants to sell his product in our country, he must follow our laws. He definitely has copyrights over his creation but the rights are not exactly the same.

Maybe you thought I was sayings its okay to infringe copyright in Canada, but I'm not. I'm strictly refering to ripping CD's for personal use.
Quote this comment #15.7 Posted by bolix on 12 Dec 2007 - 03:28
Quote - (WICKO said @ #15.6)
Quote - (bolix said @ #15.5)
He never wasn't talking on behalf of the RIAA. He said "I suppose we can say he stole a song". And why would I be talking about Canada? RIAA represents only the recording industry on USA. Plus, what are you trying to say? That the author doesn't has copyrights over his creation on Canada?


You're going to have to rephrase your first two sentences because I'm not entirely sure if you're using a double negative or you made a typo.

You're missing the entire point of my original post. I'm arguing semantics basically.

And I'm trying to say that in Canada, its perfectly legal to make personal copies of your music for private use. Therefore, I am still authorized to rip my CD's. I'm well aware that the RIAA represents american record companies, but trust me their views are synonomous with the CRIA. If an author wants to sell his product in our country, he must follow our laws. He definitely has copyrights over his creation but the rights are not exactly the same.

Maybe you thought I was sayings its okay to infringe copyright in Canada, but I'm not. I'm strictly refering to ripping CD's for personal use.


Ok, sorry for missing the point.
Quote this comment #15.8 Posted by Nas on 12 Dec 2007 - 05:35
Quote - (bolix said @ #15.5)
He never wasn't talking on behalf of the RIAA. He said "I suppose we can say he stole a song". And why would I be talking about Canada? RIAA represents only the recording industry on USA. Plus, what are you trying to say? That the author doesn't has copyrights over his creation on Canada?


Actually, with regards to international law and treaties, the realm of intellectual property does not automatically carry into sovereign nations other than the nation of creation and copyright. By corporate alliances, record companies cross-file copyright ownership of content in other alliance countries; physical property that is distributed by these alliances have the various stamps or disclaimers proclaiming the nations under which a particular printing is covered by whichever applicable copyright laws.

In other words, what is considered "piracy" is America may be legal in Israel or Iran only because the multinational treaties may not be in place which recognize the other country's intellectual property laws. Heck, even the EU is trying to establish their laws as their member nations have differing policies.

There is also a distinction to be made between "recognizing" and "enforcing" potentially differing interpretations of copyright laws. Although Canada recognizes American copyright, it does not follow the same rules of enforcement; this also boils down into different constitutions and interpretations and precedents thereupon. As such, "infringement" and "piracy" are terms slapped around but with different meanings.

But back to the original topic: even in the United States, "fair use" has precedents and so does the requirements of prosecution for piracy. As argued against Napster, the original "sharers" are only as responsible as Napster facilitates the process; the same basic argument is here against sharers on Kazaa. However, Napster was not uploading content for community-understood "fair use" -- meanwhile, in this case, that was strictly their intent. Should chat logs or computer logs reveal that the sharers uploaded from their personal collection per-request, then they're in deep doodoo... otherwise, it's all hearsay.

By virtue of Napster facilitating the process, all audio-playing devices (no matter their creators or licensees) which permit the playback of potentially redistributable sound files [read: beyond live radio] on media not physically purchased with all copyright-related logos [read: similar to the Canadian surcharge on blank media] are thence facilitators of potential copyright infringement and piracy and should all be sued reverse-class-action-style. Because, otherwise, that makes the entire "back-up" industry vulnerable to claims of aiding piracy (bye-bye EMC).
Quote this comment Reply to this comment #16 Posted by gamestargrinder on 11 Dec 2007 - 18:41
And they wonder why bands like radiohead are dropping their labels. The RIAA needs to get a life
Quote this comment Reply to this comment #17 Posted by KamiQuazi on 11 Dec 2007 - 18:41
Copying music from iTunes to a CD to play in a CD Player, infringment?
Quote this comment Reply to this comment #18 Posted by +Berserk87 on 11 Dec 2007 - 18:44
First Sony puts out rootkits, now there agreeing with the RIAA!?!?
Quote this comment Reply to this comment #19 Posted by asmat on 11 Dec 2007 - 18:47
Gosh... hope they won't find a way to charge every time we listen to a song... that's just stupid
Quote this comment Reply to this comment #20 Posted by +GreyWolfSC on 11 Dec 2007 - 18:53
Not particularly interested in what the RIAA thinks. You'd think they'd be trying to find ways to make their industry MORE attractive to consumers, not less.
Quote this comment Reply to this comment #21 Posted by Julius Caro on 11 Dec 2007 - 18:53
I couldn't give a damn about what the RIAA says. Specially when it comes to screwing those who have actually paid
Quote this comment Reply to this comment #22 Posted by killer2239 on 11 Dec 2007 - 18:56
I can only imagine what conversion led up to this.

RIAA CEO - Look team, i need another Ferrari in my garage by summer of 08. Find a way to make lots of money to get my Ferrari and you all will receive a big bonus!

RIAA Team - Ok guys, lets find a way to make people think copying a cd they purchased to their computer for use for use on their iPod or Zune is illegal so we can get their money!


This is outrageous. Guess i have no reason to buy cd's now and might as well download music if buying music is going to be illegal soon the way things are going!
Quote this comment Reply to this comment #23 Posted by 4tehlulz on 11 Dec 2007 - 19:05
It's getting to the point that I'm starting to think that the RIAA and its lawsuits is actually some grand bit of trolling by some bored lawyers. Their position is too absurd for it to be anything else.
(1 reply) Quote this comment Reply to this comment #24 Posted by WeezulDK on 11 Dec 2007 - 19:07
Here's the rub...

Are we paying for the license to listen to the songs on the cd, or are we paying for the cd and the contents thereof?

Either way, we've done our obligitory purchase of the songs in question. What is done with the data on the CD after that for personal, non-profit, non-broadcast, non-public performance reasons is NONE OF THEIR BUSINESS.

Once the sale has gone through of the CD, it's YOUR property. What you do with it, as long as you're not trying to capitalize monetarily on it, is your business.

I don't buy RIAA supported artists anymore. I ardently support any organization that opposes their BS.

"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.

Right, and statements like this don't make sales go up, either. Please, call your customers thieves more, then start suing because you aren't getting the sales you think you are "entitled" to.

It amazes me that people don't see through the BS when a company says they failed to make their "projected sales figures" and then blame something else for it, like people copying their CD's to mp3 format for playback on their portables.

What makes them so entitled to the sales figures they quote? Who says that their products are even WORTH purchasing??? The numbers are "predictions" based on THEIR anticipation of how THEY think sales will go. If they don't make the sales, they need to stop and look at THEIR processes and see what THEY have done to NOT earn those sales, not go off on some wild goose chase and sue 30000 people/entities.

People, the RIAA is evil, they REPRESENT THE LABELS. Don't take your anger out on RIAA. BOYCOTT THE LABELS themselves and make it well known in blogs, posts, web pages, etc, that the reason why their sales are down is A) their product, and B) RIAA calling them thieves. When the Labels realize that the RIAA is a liability, they will reign them in. Until then, the extortion, bribery of public officials, violation of privacy rights, unlawful hacking of computer networks, unlawful placement of malware/spyware on private individual's systems, and racketeering continues unabated.


Last edited by WeezulDK on 11 Dec 2007 - 19:17
Quote this comment #24.1 Posted by Hak Foo on 12 Dec 2007 - 04:45
Quote -
People, the RIAA is evil, they REPRESENT THE LABELS. Don't take your anger out on RIAA.


Why not?

To a degree, you'd expect an industry association to be smart enough to distance itself from "frothing dog" members. It seems instead, they put them in charge of policy. As a result, they deserve some attention for not appropriately minding their own ranks.
Quote this comment Reply to this comment #25 Posted by SHADOW-XIII on 11 Dec 2007 - 19:13
That's bad ... is RIAA so stupid and thinks that this will make people more legal and go buy CD AND MP3 ?
LOL, of course this will only bring more piracy for sure !!!
Quote this comment Reply to this comment #26 Posted by busdude on 11 Dec 2007 - 19:14
I get the feeling the RIAA is going to be the next SCO.... They certainly are not building any support for themselves right now.
(1 reply) Quote this comment Reply to this comment #27 Posted by KnightWolf on 11 Dec 2007 - 19:16
ok, ok... so ripping a mp3,ogg,ect. ect.. is illegal, does that mean that all companies who produce the software that people install on their computer are guilty of facilitating users with the ability to do so? that means Microsoft, Apple, nero, roxio, ect. ect. will be getting sued correct?... and does that also mean every single producer of personal mp3 players are guilty also? we would not be in this mess if they had not made the *evil evil* devices and impliments of destruction of the whole worlds morals...
Quote this comment #27.1 Posted by 4tehlulz on 11 Dec 2007 - 19:43
Why are you giving them ideas?
Quote this comment Reply to this comment #28 Posted by Ryan1524 on 11 Dec 2007 - 19:20
Maybe they're doing this intentionally. They're exposing to the world that such a distribution method exist, and anybody who finds their insistence on legal CD for every person is ridicolous will be tempted to defy the institution and rip the CD or pirate. In the end, they're actually the ones driving people away from the traditional distribution method, and that's a really good thing.

Of course, maybe they're not even that smart in a back-ass-ward method to drive progress, and are simply retards.
(2 replies) Quote this comment Reply to this comment #29 Posted by lunamonkey on 11 Dec 2007 - 19:24
It's legal in the UK, the government said so...

"Copying CDs

If you've bought a CD in a shop, you can make a copy for your own personal use and you will not be breaking the law. You can also lend the CD that you bought to your friends if they want to listen to it.

However, it is illegal to make copies of CDs and give them to your friends or to sell pirate copies of CDs for a profit."

http://www.direct.gov.uk/en/YoungPeople/Cr...ime/DG_10027978
Quote this comment #29.1 Posted by Sazz181 on 11 Dec 2007 - 20:34
I think it means you can keep one physical copy, but anyway - no ones exactly going to know are they lol?

Dunno about you, but I've yet to have a police officer come into my house and inspect my computer for rips.
Quote this comment #29.2 Posted by RAID 0 on 12 Dec 2007 - 11:01
Quote - (Sazz181 said @ #29.1)
I think it means you can keep one physical copy, but anyway - no ones exactly going to know are they lol?

Dunno about you, but I've yet to have a police officer come into my house and inspect my computer for rips.


I pray to God that day never happens.
Quote this comment Reply to this comment #30 Posted by Mungabba on 11 Dec 2007 - 19:38
Legal or not, the RIAA can't stop me ripping the CD's I've bought to my computer in whatever crazy format I want.
(1 reply) Quote this comment Reply to this comment #31 Posted by Foub on 11 Dec 2007 - 19:54
If the RIAA had its way you'd have to buy a copy for each time you listen to it, or pay a royalty when you hum it to yourself. They even consider it illegal sharing when you play your radio to loud so that others can hear it.
Quote this comment #31.1 Posted by ApostolicFire on 11 Dec 2007 - 21:16
Quote - (Foub said @ #31)
If the RIAA had its way you'd have to buy a copy for each time you listen to it, or pay a royalty when you hum it to yourself. They even consider it illegal sharing when you play your radio to loud so that others can hear it.


Yes, I know this is in the UK, but I'll post it anyways:

The action against the Kwik-Fit Group has been brought by the Performing Rights Society which collects royalties for songwriters and performers.

At a procedural hearing at the Court of Session in Edinburgh a judge refused to dismiss the £200,000 damages claim.

Kwik-Fit wanted the case brought against it thrown out.

Lord Emslie ruled that the action can go ahead with evidence being heard.

The PRS claimed that Kwik-Fit mechanics routinely use personal radios while working at service centres across the UK and that music, protected by copyright, could be heard by colleagues and customers.


More of the story in the link

http://news.bbc.co.uk/1/hi/scotland/edinbu...ast/7029892.stm
Quote this comment Reply to this comment #32 Posted by - Kaboose - on 11 Dec 2007 - 20:03
my cd....my money...i'll do whatever i feel like with it
Quote this comment Reply to this comment #33 Posted by OblivionStalker on 11 D