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Despite more than 20,000 lawsuits filed against music fans in the years since they started finding free tunes online rather than buying CDs from record companies, the recording industry has utterly failed to halt the decline of the record album or the rise of digital music sharing.
Still, hardly a month goes by without a news release from the industry's lobby, the Recording Industry Association of America, touting a new wave of letters to college students and others demanding a settlement payment and threatening a legal battle.
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(Ultra: ?!?!?!).
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 (Ultra: lolwhut).
"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." (Ultra: Read my comment at the end at the stupidity in this position.)
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.
But lawyers for consumers point to a series of court rulings over the last few decades that found no violation of copyright law in the use of VCRs and other devices to time-shift TV programs; that is, to make personal copies for the purpose of making portable a legally obtained recording.
As technologies evolve, old media companies tend not to be the source of the innovation that allows them to survive. Even so, new technologies don't usually kill off old media: That's the good news for the recording industry, as for the TV, movie, newspaper and magazine businesses. But for those old media to survive, they must adapt, finding new business models and new, compelling content to offer.
The RIAA's legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed. Four years of a failed strategy has only "created a whole market of people who specifically look to buy independent goods so as not to deal with the big record companies," Beckerman says. "Every problem they're trying to solve is worse now than when they started."
The industry "will continue to bring lawsuits" against those who "ignore years of warnings," RIAA spokesman Jonathan Lamy said in a statement. "It's not our first choice, but it's a necessary part of the equation. There are consequences for breaking the law." And, perhaps, for firing up your computer.
...hmm.
So the RIAA says copying music onto your computer from a CD is stealing?
This basically means that iPods and MP3 players can only have music bought from an online store. Which would HURT THE SALES OF RECORDED ALBUMS.
...hmm. Interesting business logic.
So, what are the odds on the RIAA going the way of the dodo in about five years, give or take a few?
I'd have to read it a bit more into it but still...if that's basically what they're saying, I find the RIAA very amusing. I mean...this is kind of like the same situation with emulators and roms. The roms are illegal unless you own a copy of the game (Like that stops folks...haha). I mean you own the CD...what if you lose it? Wouldn't you want some way to have a copy of the songs just in case that happens, so you...ahhh never mind.
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this is kind of like the same situation with emulators and roms. The roms are illegal unless you own a copy of the game
Nope. The whole "it's fine to have a rom if you own the game"/"you can legally hold a rom for 24 hours" things aren't true, at least not universally.
Yanno...
I'm a library science major now. They teach you in BASICS that archiving a legally-obtained copy for PERSONAL use isn't illegal or an infringement on copyright. It only becomes infringement once it's used for something besides personal, private use. (I'd check the LibSci textbook section where the What Is and What Ain'ts of Copyright Infringement for an exact quote, but it's in another building atm)
EDIT: If my post was too long, check the lawyer's statement. He puts it much simpler than me.
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So, what are the odds on the RIAA going the way of the dodo in about five years, give or take a few?
They should have gone the way of the 8-track five years ago. :p
Once they start checking my computer, I'll care. In the meantime I hope they keep being funnyyy
If they prosecuted and sued everyone that ripped CDs to their computer I think it would flatten the economy's balls out =|
And I thought that with the copying of The Lost Christmas Eve, I'd finally legally owned music files.
Oh well.
Whatever the reason, they're apparently aiming to get as much money as they can from people stupid enough to advertise that they rip CDs.
But they better get onto Microsoft's case, Windows Media Player has it set up so you can rip CDs easily. Or are they just interested in bankrupting individuals who can't sue their pants off with an impressive legal staff? The RIAA should go after people who provide the software itself if they're going to be serious about this.
Everything rips CDs. Not all CDs are commercial either.
that's true terg.. my computer tries to automatically rip/burn music off any music CD that i put into it, even if i only want to play it. oo;
Even though in ukland you're technically not meant to rip copyrighted cd audio to another format (mp3 etc), the uk record industry said they wouldn't go after people that ripped from cds that they have legally purchased o.o
That's the thing, they can't ban playes that can rip CDs, for the same reason they can't ban torrent or filesharing programs - that is, the fact that it can be used to break the law and pirate files doesn't make it something illegal itself. It's like banning all ownership of knives because you can commit a crime with it. That is, of course, ridiculous, and so is saying you can't have a program that rips CDs. That, and they probably don't have the resources to take on Microsoft, so they just go after the users.
Under UK law, you're entitled to back up any media you already own for your own use.
The RIAA really are just showing themselves up on this one.
I'm wondering how many Library Science students/graduates we have here at the moment. I'm fairly sure there're more than two of us...
According to the BBC, apparently it's still technically illegal:
news.bbc.co.uk/1/hi/enter...176538.stm
Mind you, that's not to say the Beeb are actually right in this instance. I must admit, I thought your statement was right, Sam. Any copyright law gurus who can clear this up for us?
I think in the UK, at any rate, they accept that it is happening. Incidentally, is it also technically illegal to sell on or lend out a DVD or CD? I'm pretty sure that's the gist of the copyright warning on those.
DW
It's illegal to copy a CD or DVD and sell the copy, obviously. But I don't see why it'd be illegal to sell or lend a CD or DVD you've paid for. o.o I mean, you bought it, it's your property, aren't you entitled to sell it if you want?
that sort of kills off selling DVDs or CDs that you don't want any more. oo; although i know that some people do sell pirated DVDs, advertising them as legit.. but banning ALL sales of second-hand stuff seems a bit overboard.
You've paid for the right to listen to the music; but you don't actually own the music. Having said that, it's unlikely that anyone is ever going to go after you for selling on a CD where you haven't kept a copy. So the secondhand market is not likely to die any time soon - but I still think that technically it is illegal. Probably in the same way that technically it is illegal to die in the Houses of Parliament 
DW
I'm still sure there's one law that gives you the right to make one backup copy of something that you already own, as long as it's for your own use. At least, there used to be.
Maybe it's been repealed - I'll have to do some digging around.
When AM radio stations started playing music in the 40's, the recording industry freaked out then, too. It's only a short matter of time they lose this battle they're fighting with piracy and filesharing now, in my opinion.
When AM radio stations started playing music in the 40's, the recording industry freaked out then, too. It's only a short matter of time they lose this battle they're fighting with piracy and filesharing now, in my opinion.
If they didn't stop trying since the 40's, methinks they won't give up trying to nail many innocent folk as possible with as many ridiculous claims as they can for the NEXT 40 years...it seems the way the issue has been repeating for this whole time, really. Oo;
The RIAA loves to be hated, don't they?
I'll rip as many CDs as I want. I paid for them, I have that right.
