Brubricker
1000+ posts
01/01/08 01:54 AM
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Saving music from a CD on your PC = STEALING
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The Recording Industry Association of America has filed a lawsuit in Arizona alleging that a person who legally purchases a CD and then saves its music onto a computer is guilty of theft.
In reply to:
...in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.
The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.
"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."
RIAA's hard-line position seems clear. Its Web site says: "If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages."
They're not kidding. In October, after a trial in Minnesota -- the first time the industry has made its case before a federal jury -- Jammie Thomas was ordered to pay $220,000 to the big record companies. That's $9,250 for each of 24 songs she was accused of sharing online.
Whether customers may copy their CDs onto their computers -- an act at the very heart of the digital revolution -- has a murky legal foundation, the RIAA argues. The industry's own Web site says that making a personal copy of a CD that you bought legitimately may not be a legal right, but it "won't usually raise concerns," as long as you don't give away the music or lend it to anyone.
Of course, that's exactly what millions of people do every day. In a Los Angeles Times poll, 69 percent of teenagers surveyed said they thought it was legal to copy a CD they own and give it to a friend. The RIAA cites a study that found that more than half of current college students download music and movies illegally.
The Howell case was not the first time the industry has argued that making a personal copy from a legally purchased CD is illegal. At the Thomas trial in Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified that "when an individual makes a copy of a song for himself, I suppose we can say he stole a song." Copying a song you bought is "a nice way of saying 'steals just one copy,' " she said.
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Macanudo
25,000+ posts
01/01/08 02:20 AM
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How is RIAA going to find out you did this unless you download to a file sharing service?
Be the rockstar, not the bridesmaid
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HornsOverIthaca
250+ posts
01/01/08 02:26 AM
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So I guess they'll be demanding that Apple remove the rip feature from iTunes as well as jack up all the prices on the iTunes store. Luckily Steve Jobs won't bend over for them.
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Mr.Wizard
10,000+ posts
01/01/08 02:45 AM
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[censored] them.
Same as recording a mix-tape on an old memorex cassette.
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bighornfan32
1000+ posts
01/01/08 04:16 AM
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Damn money grubbers.
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l00p
10,000+ posts
01/01/08 09:56 AM
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They never had a problem with cassette tapes so this is a curious and stupid move. They must feel that people sell the cd's they make or something. Stupid move by stupid people. This will bite them in the ass. I would love to see their explanation of how this makes sense.
Some people got paid a lot of money to determine this is the way to go. Talk about easy money!
I wonder how this affects dj's making mix cd's as a demo to pass out to clubs and promoters. Also, since cd's are used as often or even more often than vinyl at parties, dj's put vinyl songs onto cd since they are easier to transport. Also you can transport a bunch more. Carry 10 albums/singles or one cd. Easy choice.
Royer's Round Top pies are now available in the Metroplex area Whole Foods. Be a hit at your holiday table, worldwide. Royer's, the way "pie" will be spelled in the future.
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atxbomber
500+ posts
01/01/08 10:01 AM
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Guess anybody that's ever owned an MP3 player is a crook then. 
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VacantlyOccupied
5000+ posts
01/01/08 12:24 PM
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In reply to:
How is RIAA going to find out you did this unless you download to a file sharing service?
It won't be hard for them to come up with a program that scans your hard drive and reports back if it finds "illegally copied" music. Hell, they've probably already got that. Before long you'll be installing that when you download legally purchased music. Make sure to read the fine print.
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Anastasis
5000+ posts
01/01/08 01:52 PM
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These [censored] people just don't get it. 
If it is illegal for me to buy a CD and rip it to my HDD for whole house distribution and for syncing with my iPod, than I might as well just download the music for free. If both methods are illegal I might as well save a few bucks, because I ain't giving up my iPod or streaming music over my LAN. And I ain't "licensing" my music from iTunes with their DRM restrictions.
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El Sapo
1000+ posts
01/01/08 02:13 PM
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As far as I know you are still legally allowed to make a copy of software you purchase for back up / archival purposes.
Don't see how on earth you can't make a copy of a cd under the same principle (they get lost, they get scratched, etc).
I can understand how they would get upset about sharing.. but I'm sorry... you can do whatever the [censored] you want with your own cds.
  
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jimmyjazz
10,000+ posts
01/01/08 03:20 PM
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Those aren't the facts of the case as I originally read them. I believe the defendant is being accused of file-sharing, and in the documents filed in court by the RIAA, their attorney also made a vague reference to the mere act of copying files for personal backup as also being illegal.
I certainly don't think any legal precedent has been set.
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l00p
10,000+ posts
01/01/08 03:51 PM
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I was wondering if and how much file sharing was involved. People forget that what they are concerned about is not the person who burns copies of songs and such for three, four friends. It is when they share it online for the thousands of friends they have never met.
I knew there had to be more to it and file sharing tied in somehow. At least I hoped that was the case. Hope the guy gets his [censored] handed to him if he is guilty.
Royer's Round Top pies are now available in the Metroplex area Whole Foods. Be a hit at your holiday table, worldwide. Royer's, the way "pie" will be spelled in the future.
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MikeUT00
5000+ posts
01/01/08 04:06 PM
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I'm uphauled. So "free" downloading from the old days is now illegal. Fine. I now download legally through iTunes. I also still purchase CDs. You're telling me I can only put legally downloaded files on my iPod/iPhone, but not files from legally purchased CDs?
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Dionysus
2500+ posts
01/01/08 04:14 PM
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The core problem is that the music industry realizes that their cash cow business model is dying quickly, and they don't know what else to do. It is sheer desperation at this point.
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jmatt
2500+ posts
01/01/08 04:28 PM
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They're only suing the guy for downloading.
Am I becoming [more] forgetful or did I not read something one time that downloading was not illegal, but making the files available was? I'm probably wrong..
Anyway..
The Link
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Ankf00
5000+ posts
01/01/08 05:48 PM
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wasn't there something about the Digital Millenium Copyright Act trying to make copies of ones own discs illegal?
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tx 3 putt
1000+ posts
01/01/08 05:59 PM
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If you have two computers, have one as 'offline' only.
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BurntOrange03
1000+ posts
01/01/08 06:46 PM
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the RIAA put this in a few years ago
i remember hearing about it and i was shocked there wasnt an uproar over the stupidity of it
one more reason why people shouldnt have a problem with people who download music "illegally"
"Basically, everybody that's good in Texas goes to Texas."-Mon Williams
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l00p
10,000+ posts
01/01/08 06:47 PM
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other than they don't have morals regarding theft.
Royer's Round Top pies are now available in the Metroplex area Whole Foods. Be a hit at your holiday table, worldwide. Royer's, the way "pie" will be spelled in the future.
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Smoky Brisket
1000+ posts
01/01/08 07:27 PM
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At what point will the RIAA go after music blogs? Seems like some of the big name blogs are necessary for spreading the indie bands.
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