February 16, 2006

What should I do with all the money I will save...

...now that I'm never buying another record again?

Just in case you thought that buying that CD meant that you have the "fair use" right to rip it to your iPod, the RIAA would like to remind you that you are a fucking chump:

It is no secret that the entertainment oligopolists are not happy about space-shifting and format-shifting. But surely ripping your own CDs to your own iPod passes muster, right? In fact, didn't they admit as much in front of the Supreme Court during the MGM v. Grokster argument last year?

Apparently not.

As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:

"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."

For those who may not remember, here's what Don Verrilli said to the Supreme Court last year:

"The record companies, my clients, have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."

If I understand what the RIAA is saying, "perfectly lawful" means "lawful until we change our mind." So your ability to continue to make copies of your own CDs on your own iPod is entirely a matter of their sufferance. What about all the indie label CDs? Do you have to ask each of them for permission before ripping your CDs? And what about all the major label artists who control their own copyrights? Do we all need to ask them, as well?

P.S.: The same filing also had this to say: "Similarly, creating a back-up copy of a music CD is not a non-infringing use...."

These people are assholing themselves out of customers.

Posted by binky at February 16, 2006 03:03 PM | TrackBack | Posted to Music


Comments

DMCA has to approve the rule and the courts have to find said approval consistent with IP laws. i'm not saying it won't happen, but it hasn't yet, and given the fact that the RIAA surely perceives itself to be under siege (and in fairness, it is, though it shares the blame for this state of things), one has to forgive its lawyers for shooting for the moon. the nuanced approach is pretty pointless at this point. the castle keep already has been breached. nothing to do now except fight to the death.

Posted by: moon at February 16, 2006 08:02 PM | PERMALINK

I don't know if you followed the internet radio campaign of the RIAA, but it went this way, and went completely for the RIAA against the little guys. I followed it closely, and it looked a lot like what the RIAA is up to now. From my favorie internet radio DJ ever, about his internet radio station, and why Invisible Radio (rip) got killed by the RIAA:

Why can't we see playlists for the shows that are on the air? Unfortunately, it's illegal. The major labels seem to think that if you all know in advance when your favorite song is going to be played, you can lift a CD-quality MP3 from our tinny RealAudio broadcast, and never have to buy another CD again. So they pressured Congress to pass a law that includes this and other inane regulations. It's a stupid law, but we don't want any trouble, so we obey.

Things went awry in 2002, when the evil Recording Industry Association of America, whose corporate member labels had been losing money through shortsighted business strategies, naked contempt for the consumer, and the rising cost of cocaine, decided to bleed a few dollars out of the unprofitable field of internet radio by pressuring Congress to levy fees that don't apply to AM or FM. As a result, Invisible Radio was unable to stay on the air, and Schroeder and several of its DJs conspired to launch Radio Indie Rock, which is what you're listening to now. And if you're not, how come?

Posted by: binky at February 16, 2006 08:07 PM | PERMALINK
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