“Converting music CDs to audio files on a computer is unapproved and therefore illegal, the Recording Industry Association of America has said in a brief ahead of a crucial Arizona lawsuit. Hoping to support the arguments from group member Atlantic Records in its complaint against the Howell family, the RIAA contends that ripping CDs leads to ‘viral’ copyright infringement,” MacNN reports.
MacDailyNews Note: The RIAA is a trade group that represents the outmoded music cartels who are currently in a desperate and futile search for relevancy as their business undergoes radical and rapid transformation at the hands of Apple Inc.
“The statement partly contradicts the RIAA’s previous stance on the subject. Although the group is careful in the current case to make a separation between illegal file sharing and ‘space-shifting,’ or accessing a user’s own songs to a different device for listening outside of a regular location, it argues that any transfer of songs that has not been explicitly approved is illegal,” MacNN reports.
Full article, including link to the RIAA’s legal brief (PDF), here.
MacDailyNews Take: The only way to effectively compete with piracy is to offer DRM-free (or unobtrusively DRM’ed) content that can be played anywhere for a reasonable price. Then people will buy. It’s a simple solution that most of the world’s content providers have yet to understand.
Yes, let’s start suing millions and millions of music lovers — that’ll be good for business!
Give these guys more ammo, so they can shoot themselves in the foot even more.
I can’t wait to see them try to enforce this:
Knock, Knock.
Who’s there?
RIAA, ma’am, we have an anonymous tip that you’ve been copying CDs to your computer. May we come it and inspect your PeeCee please?
Get a warrant, bozo.
Can they really think this will be good for business?
Apple, send some lawyers to Arizona to help this couple out. If they can’t afford decent representation, a very bad precedent could be set.
They will stop my CD ripping when they pull the discs from my cold dead hands.
A one year pause in all music purchasing is needed. Bankrupt them out.
Um, did anyone at RIAA ever hear of a Supreme Court-supported legal doctrine of FAIR USE? None of the physical media music that I have ever purchased, and this dates back to vinyl phonograph records, 8-tracks, pre-recorded cassette tapes and Compact Disks (CDs) has contained an End User License Agreement (EULA) that inferred or stated that music purchased could not be copied or transferred to any other media.
I can only conclude that RIAA wants to make this a test case to take away any rights that consumers have over the the music they have previously purchased. By fiat after reading the article (and I am about to dive into their legal brief), everyone who has purchased recorded music and transferred it in any way, shape or form to another form of physical or digital media are pirates.
My conclusion: this is absolutely brilliant! RIAA obviously wants a street fight with guns and knives. If the RIAA ever thought they’d seen mass piracy, they haven’t seen anything yet. I can only say, beware of the unintended consequences of your actions, you frickin’ comb-over scumwads. Apple really tried to help you, dense though you are in not understanding. If you try to take away the Fair Use doctrine in violation of previous Supreme Court rulings, I will gladly play my violin as your house deservedly burns. And the sooner, the better.
What a bunch of arrogant pricks.
So when is the RIAA going after NBC?
they are simply building a case for suing apple for enabling “illegal” cd ripping
@Captain Lou: “A one year pause in all music purchasing is needed. Bankrupt them out.”
No. Just on CD purchasing. Everything’s on line anyway free or for reasonable.
Always hated CDs anyway!
If the RIAA win this then I think the music industry is over.
CD ripping has being going on for over 5 years. If they suddenly decide to change the fair use rules it will piss off so many people that they will give up on music altogether.
I really can’t believe that the entertainment industry is treating everyone like thieves. Treat customers fairly and they will come back and buy more. Make them jump through hoops and a lot of people will be turned off.
Electronic distribution is really starting to take off. Now these guys want to poison the pot by getting too greedy too fast.
And I claim that taxation is theft, but it hasn’t gotten me very far.
That makes me a criminal since the 8-track days…come and escort me to Levenworth…just not in the same cell as Michael Vick.
Start a counter suit against the RIAA claiming unfair contract as the media chosen wear out and this is unfair termination of a listeners license to hear the music. There is no limitation of time in the rights associated with listening to a purchased CD or other media when used exactly as indicated by the RIAA and therefore they are in breach of contract by allowing such media to wear out and not in permitting backup for personal use under the original non-commercial terms.
Rather than request damages request an order that the RIAA be required to replace free of charge all worn out CD’s and other media for a period of 75 years from date of original purchase or until one year after the expiry of copyright, which ever comes first.
There is substantial case law in at least most Western Jurisdictions.
It is worth noting that any law which becomes unenforceable by reason of mass public disobedience is in principle revoked by popular consent and can subsequently be argued against as an invalid statute.
“@Captain Lou: “A one year pause in all music purchasing is needed. Bankrupt them out.”
No. Just on CD purchasing.”
To the Captains
Recommend having a ban on NEW CD purchases. Let’s allow the sale, trade, barter and purchase of USED CD’s.
Peace.
Speaking of “tipping points.”
It’s fun to learn history.
@ Idiots at the helm
Dear Sir or Madam,
We don’t need warrants to examine your files.
The DMC Act of 2000 provides for access to any evidence we deem as needed to demonstrate that you violated our copyright.
If you refuse to comply the FBI will prosecute you.
Ask any ISP if we ask for something – you must give it to us.
Warm Wishes,
The RIAA
To be fair, the actual RIAA quote is as follows:
“Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs.”
– It seems to me (based on this quote and the rest of the brief) that the determining factor in deciding whether a copy of a song is authorized or not depends on the intent and location of the copy. If the copy of the song is made available to a file sharing network, then the copy would violate the copyright owner’s exclusive right of distribution.
As much as I dislike the RIAA, the above MDN article and title is misleading.
The case doesn’t appear to be stating that the actual CD ripping is piracy, but the ripping and storing into his Kazaa Shared Folder (intent to distribute copyrighted material) is the issue.
Read the brief.
The RIAA is trying to get this to stick again after the AZ Superior Court tossed it out on grounds that Federal 9th Circuit Court had already ruled that ripping a CD to a computer for personal use was not illegal or infringing and was covered under personal fair use.
“Converting music CDs to audio files on a computer is unapproved and therefore illegal, the Recording Industry Association of America has said in a brief.”
Phweew, I’m glad they told me that. I always thought that for something to be illegal that both house of Congress had to pass a Bill banning it and that the President had to sign the Bill for it to become Law. Apparently I’m mistaken and all it takes is for a trade group to say “This is Illegal!” to make it so.
All manufacturers of MP3 players should be forced to pay a tariff to beleaguered music labels. I applaud Microsoft in this respect. They pay Universal $1 per Zune sold. You can count on Universal to use the money to find and develop new artists and deliver a top notch product. I would hate to be the other music labels who are being screwed by John Q. Public and don’t share Universal’s nifty partnership with the great guys at Microsoft.
I for one am sick and tired of consumers sticking it to the labels. I-POD users you know who I’m talking about.
Your potential. Our passion.™
So if I buy a digital album, am I breaking the law by burning it to a cd????
Welcome to the Orwellian Era where the gov’t is paid millions by corporate america to take away the rights of the people. Is this the prelude to Communism? You tell me.
Hmmmmm,
“To be fair, the actual RIAA quote is as follows:
“Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs.”
– It seems to me (based on this quote and the rest of the brief) that the determining factor in deciding whether a copy of a song is authorized or not depends on the intent and location of the copy. If the copy of the song is made available to a file sharing network, then the copy would violate the copyright owner’s exclusive right of distribution.”
—- Its a slippery slope when you use those words. And we have seen that the RIAA does not care about intent, they just want to sue people and intimiate them. POWER is what its all about.
Maybe we should say that only live performances can be heard. All recording media should be stopped for a year. OH wait, I guess that would kill the music industry, huuhhh?
Its a scary world at times.
A first step towards making people pay for a song every time they listen to it.
The music industry is *almost* dead. I can smell it. We’re so close!!!
Keep stealing music, kids. History will thank you.
-c
Write your congressman. Contact the press,but be polite and to the point. Sony took it in the shorts with their encrypted CDs. This has the potential of blowing up in their faces. Also, purchase the indie music that doesn’t go through the “cartel”.
“Also, purchase the indie music that doesn’t go through the “cartel”.”
STEAL THE REST!!!
Those guys cannot write the word brain, as they don’t have some.
What about this:
I buy songs on the iTunes Music Store and burn it 7 times.. or even more times, if I out one song in different playlists to burn?
Hey, woohoo, I am an actively stealing pirate…
Come over to Ireland you dumb@sses and sue me.
@ BiZarRo BaLlmEr:
Yes indeed, your are a copycat and stealing…
The Energizer bunny should endorse the RIAA – they keep going and going…
Hay i wonder how bad for the environment all those CD and Jewell Cases are.
Poor Universal, receiving $1 for every Zune sold. The plan has yet to break-even, $173 doesn’t go very far when offsetting lawyers bills.
But Microsoft has sold over a million you say, did you ever read a contract from Microsoft? Zunes sold at less than MRP don’t count.
This is a joke, or maybe it isn’t. Nothing is what it seems. Especially in Microsft contracts.
Why isn’t there federal legislation clarifying this situation? I just cannot understand why this farce is still going on.
Zune Tang is mostly boring but comes across as meaningless and not very funny in a discussion about relevant laws that may well affect all of us … Zune … boring and no longer funny … move on …
Ah, Zune Thang making sense.
“All manufacturers of MP3 players should be forced to pay a tariff to beleaguered music labels. I applaud Microsoft in this respect.”
You should really put your hands together for Canada then Zune Thang. They are working with the idea of a tax on all media that can store audio files. I think that recordable CD’s are taxed this way. Not only does this sort of process have the potential to help get money back to the artist, it basically legalizes something that other governments are trying to make illegal…sharing.
http://arstechnica.com/news.ars/post/20070720-copyright-board-of-canada-gives-thumbs-up-to-ipod-tax.html
http://www.zeropaid.com/news/9131/Canadian+Songwriters+Want+$5+Monthly+Tax+to+Legalize+P2P
Years ago the RIAA came to Canada to try to take someone to court in similar suits that were successful in the US. They failed. It is nice to know that some countries understand some parts of human nature.
So any applause for Canada ZuneThang?
What’s next? Purchasing CDs(The Physical Kind) without the direct written approval is piracy?
MW: Make. I can’t think of anything for this one…
Burning cd’s is illegal? since when do people do that anymore anyways. The industry is being hit from all sides and they don’t know how to go about stopping piracy. Instead of going after people one by one the industry instead would be better off pushing through some draconian law that makes file sharing illegal on the internet through congress. They instead are going after individuals is like somebody looking for a needle in a haystack :-> There is always loopholes, but downloading is in the mainstreams mindset. People have kids who have never paid one penny for a cd or album. Lets hope the kids instead download from the apple store? Keep an eye on your kiddies
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“Zune Tang is mostly boring but comes across as meaningless and not very funny in a discussion about relevant laws…”
Bob you are wrong. ZT is AWAYS boring. If any article about Apple or related material is white, you can be sure he blathers on about it being black, right vs wrong, in vs out, etc etc.
MDN is full of people who find ZT refreshing and funny. They must be the same people who laugh at hearing the same joke 40,000 times. Even more amazing to me are the people who take offense because they thing he/she/it is serious. And even MORE amazing than that are those people who write the people who are offended and tell them he is being satirical.
This is a shitload of amazement.
MacGeek Pro: “Welcome to the Orwellian Era where the gov’t is paid millions by corporate america to take away the rights of the people. Is this the prelude to Communism? You tell me.”
All right, I’ll tell ya. It’s a prelude to fascism, dude….
MW: stand. Make one.
..oh and by the way…screw RIAA, ZT, Microsoft, Universal and NBC, Steve Ballmer, the Zune. Did I miss anything?
Merry Xmas everyone
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It is worth noting that any law which becomes unenforceable by reason of mass public disobedience is in principle revoked by popular consent and can subsequently be argued against as an invalid statute.
Somebody needs to tell the DEA about this. Give it up, jerkos, we’re gonna do what we want to do.
As much as I despise the RIAA…
They have not said that ripping a CD to an MP3 is ILLEGAL.
They have said that it is UNAUTHORIZED, and that’s exactly what it is: An UNAUTHORIZED copy that is PERMITTED by the doctrine of FAIR USE.
The RIAA have not argued that making an MP3 is illegal. Their brief argues that making an unauthorized copy of a copyrighted sound recording AND putting it in a shared folder is copyright infringement.
IF “making available” is infringement – and the courts are split on that right now, but leaning towards finding that it is infringement – then what the RIAA has argued is correct.
It’s fair to go on hating the RIAA and their storm trooper mentality, but let’s not put words in their mouths. They do a good enough job shooting themselves in the foot… let’s try to stay calm and take the high road.
Well hello *$$holes… er I mean nice-like consumers,
here’s the thing: I don’t really care about anything so long as I get my money. do you know how long we’ve been waiting for this industry to mature into the piece of crap it is? we used to use talent on our rosters and found that they were always thinking: as in thinking they deserved money or some sorta “fair-deal”. I get a kick outta that~!
well as you all know, I think that’s a bunch of crap, and so do a lot of my buddies. so a while back we started manufacturing “talent”. you know, find some idiot with a dream, give ’em dance lessons, and light vocal training, sign ’em into a highly restrictive (for them) contract, record some piece of crap that some middle aged, washed up salt ‘n’ pepper hair-havin’ bastard (who we own) wrote, make ’em look pretty for the cameras and blammo! they can’t do nothin’ without ya! you just work ’em into the ground
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anyhoo, we’re really just getting started here. there’s still plenty of “work” to be done. I mean we can’t continue to have people like them Foofighters (I think they might be gays), or the so-called Red Hot Chili Peppers (what is with them boys?), or Radiohead (wha???) travlin’ around the planet distributin’ music. they’re like an infection. too much of a glarin’ discrepancy when you put them “artists” up against our true-and-real non-dissenting cash cows like good ole Brittany and the like.
well, I’m off to go shine my money clip.
Mr. Recording Industry
So, who is the “Howell family” and why are they being singled out?
Isn’t a CD ripped into iTunes and transferred to an iPod accomplished via MP4?
Zune Tang®ectum… go away you never ending puss filled boil of annoyance !
Keep digging your own grave, RIAA.
Once the music is off of the CD it is no longer a CD so it is no longer illegal. I’m NOT going to PAY for each copy of a song that is duplicated in any way. I bought the CD and therefore I have the right to do with it as I please.
Dude, that SO Rocks, since I don’t approve of WMA, WooHoo! Its illegal!
Quote “”Converting music CDs to audio files on a computer is unapproved and therefore illegal, the Recording Industry Association of America has said in a brief.”
Phweew, I’m glad they told me that. I always thought that for something to be illegal that both house of Congress had to pass a Bill banning it and that the President had to sign the Bill for it to become Law. Apparently I’m mistaken and all it takes is for a trade group to say “This is Illegal!” to make it so.” End Quote
So, after buying a music CD, I’m supposed to carry it around with me (along with my other music CDs) and use a huge portable CD player to listen to them. Are those things still being made? How very quaint… we’re back in the 1980’s.
The RIAA is more out of touch with reality than I ever imagined.
don’t you mean our passion YOUR potential?
mw: looking, as in… where is she?
Quote “”Converting music CDs to audio files on a computer is unapproved and therefore illegal, the Recording Industry Association of America has said in a brief.”
Funny, but that wasn’t the law back when I bought my CD.
Plus, I don’t see anything close to that listed in its End User License Agreement (EULA).
In 2030, it will be illegal to for a Lawyer to ever lie. Better turn yourself in now and beg for mercy, Gents.
-hh
I’m just glad that I never hear anything on the radio I like anymore. I’m never tempted to buy a CD or steal an mp3. I’d like to thank the music labels for that.
GOOD LINK:
Go to this: http://digitalcopy.warnerbros.com/support/index.html
and then click on “feedback”. It works.
C3
That does it. I’ve had enough of this assine argument and legal BS. I refuse to ever purchase music again in any form whatsoever.
Viva la revolution.
Wow! what the hell are they thinking! They’re not is my immediate response. Don’t they know that if they do, for some unknown sick reason win the Arizona case, millions and millions of music lovers will not walk into the music stores and buy a c.d because we can’t listen to it via any other device. Idiots. Well, I have to congratulate apple itunes in advance because those millions and millions of music lovers like myself will only buy songs on-line, thank you very much. These “know nothing” people from the music industry are only going to hurt the sales of the artists they are trying to promote. I have one last thing to say! DEE, DEE, DEE