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RIAA Says Ripping CDs to Your iPod is NOT Fair Use]
From: Dave Farber <dave () farber net>
Date: Thu, 16 Feb 2006 18:49:14 -0500
From the EFF (Electronic Frontier Foundation) --
http://www.eff.org/deeplinks/archives/004409.php RIAA Says Ripping CDs to Your iPod is NOT Fair Use 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...." "When you come to the fork in the road, take it" - L.P. Berra "Always make new mistakes" -- Esther Dyson "Any sufficiently advanced technology is indistinguishable from magic" -- Sir Arthur C. Clarke "You Gotta Believe" - Frank "Tug" McGraw (1944 - 2004 RIP) "We do not have to change because staying in business is not compulsory" -- W. Edwards Deming (1900 - 1993) "Do the right thing. It will gratify some people and astonish the rest" -- Samuel Clemens John F. McMullen johnmac () acm org johnmac () computer org johnmac () m-net arbornet org johnmac@panix johnmac () echonyc com johnmac13 () gmail com jmcmullen () monroecollege edu johnmac () alumni iona edu john.mcmullen1 () marist edu ICQ: 4368412 Skype, AIM, Yahoo Messenger & Google Talk: johnmac13 BLOG: http://johnmacrants.blogspot.com/ News Feed: http://johnmac.newsvine.com/ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/johnmacsgroup/ <*> To unsubscribe from this group, send an email to: johnmacsgroup-unsubscribe () yahoogroups com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- RIAA Says Ripping CDs to Your iPod is NOT Fair Use] Dave Farber (Feb 16)