RIAA: Those CD rips of yours are still "unauthorized"
By Marshalus, 11 December 2007 - 17:35 130 comments
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
Comments (130)
abulfares - 11 December 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.
Pippin666 - 11 December 2007 - 19:22
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.
I would like to kill my boss, but it's illegal.
Pip'
PatrynXX - 11 December 2007 - 19:37
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. :P
TC17 - 12 December 2007 - 00:11
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.
solardog - 12 December 2007 - 02:44
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. :P
Wow, that is the most rediculous argument Ive ever heard.
Danrarbc - 12 December 2007 - 02:57
I would like to kill my boss, but it's illegal.
Pip'
Ever hear the phrase 'fair use'?
No? Apparently neither has the RIAA.
NightmarE D - 12 December 2007 - 07:05
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.
Purple Haze - 11 December 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.
FreqFace - 11 December 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.
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.
Julius Caro - 11 December 2007 - 20:08
Nah. There were a few news items on how to circumvent WGA. This is nothing
+jelli - 11 December 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.
Kushan - 11 December 2007 - 17:50
Personally, I think the amount of bull**** the RIAA spews from it's putrid mouth is unauthorised. Maybe I should sue.
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.
+Odom - 11 December 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.
I must be wrong then. :P
qwexor - 12 December 2007 - 01:04
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).
QuarterSwede - 12 December 2007 - 05:02
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.
+Odom - 12 December 2007 - 08:11
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.
Ogmius - 11 December 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.