The RIAA’s Ridiculous Reasoning On Rips
I, for one, don’t want to cheer when I read that the music industry continues to founder. Really, I’m not that vindictive. Then I read that the RIAA is arguing that it is illegal to make copies of legally purchased music on your computer, and my goodwill starts to ebb.
According to the Washington Post (hat tip: Washington Monthly):
Now, 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.
The Post continues:
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.
So this is nothing new, but it’s still amazing to see how absurd the RIAA’s position is. How absurd? Here’s Radley Balko:
Back in 2006, entertainment industry darling Hillary Clinton told the press she had the Beatles on her iPod. Since the Beatles had not yet licensed their music to iTunes or any other MP3 site, the only way she could have gotten them onto her iPod would have been by ripping a CD. I wonder, does RIAA have the stones to take Hillary to court? And if not, why not?
Hmm. Tough one. Let me take a crack at it: because the RIAA isn’t interested in alienating powerful political constituencies, just their customers.
DAN LIEBERMAN commented:
It appears that the RIAA has really lost it and is grasping at
straws. I wonder how they would address this scenario: I'm a
songwriter who has written and recorded an album which is released
commercially. I'm receiving royalties for my composition,
publishing and a share of the profits from the sale of the CD. If I
were to actually go out and buy my own CD, bring it home and
convert it in any way I choose to any media I choose they would
find me liable under their ruling. Truly amazing.
DAN LIEBERMAN commented:
bleinfuss commented:
Greg, I could not have said it better myself. your writing style
and attention to detail astounds me. Please keep up the excellent
work!
bleinfuss commented:
C D Future commented:
The RIAA would love to eliminate CD's and sell only downloads. Five
years from now, CD's will be all but gone and all music will
download directly to your player. When your player fills up, you
can archive songs to special flash memory that is DRM encrypted.
Your player will drive your home music system or car audio system
(now with 9.1 surround) via bluetooth. These systems will also
accept the above-mentioned DRM'd flash memory cards. Want to load
your existing music collection? Sorry, but you'll have to pay a
re-licensing fee for that, probably 25 cents per song. You'll yearn
for the days of CD's by the time the RIAA is done.
C D Future commented:
Dapny commented:
If RIAA feels its illegal to rip music from a CD to a computer then
my response is that I will never buy another CD again in my life. I
have no use for music in CD form other than to purchase it, rip it,
and archive it away forever. If that's illegal then I'll just
switch to buying every song online for $0.88. And are they ready to
take Microsoft to court for providing tools (WMP) for illegally
copying copyrighted material?
Dapny commented:
MOREYAG commented:
MOREYAG commented:
I agree with the previous post. It seems totally bizarre that the
RIAA continues to bite the hand that feeds them by suing their
customer base. Except for a few sane voices (Nettwerk Management)
that decry this practice, the brainless suits continue policies
that hurt the entire industry. As for their contention that the
artists are getting screwed; over the years, NOBODY has screwed the
artists more than the suits in the recording industry!
JBevier commented:
RIAA is an absurd group of backward looking folks trying to keep an
antiquated industry, and their jobs, afloat long after technology
has cut their row-boat loose from the dock - no pun intended. This
war was lost about 6-years ago. Get with it gentlemen - go to the
YMCA, work out and earn a real living once you're back in shape
again. Coffee's on the kitchen table - go have some.
JBevier commented:
please email customercare@mypressplus.com or call 866-71-PRESS (866-717-7377).