
The Recording Industry Association of America, the Darth Vader of the entertainment industry, is known for targeting average citizens who download music.
Now the RIAA has taken a new - and wildly outrageous - position. In a lawsut against an Arizona man who refused to knuckle under to a menacing letter from the RIAA, the organization asserts that it is illegal to transfer music from a CD one has purchased to one's own computer.
From the
Washington Post report:
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...
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," [New York attorney Ray] Beckerman says. "Every problem they're trying to solve is worse now than when they started."
Via: Dvorak Uncensored
Comments
http://arstechnica.com/news.ars/post/20071128-report-emi-looking-to-slas...
Just let us use our damn products!
But of course. In their fantasy dream world, it IS! Just like listening to music in your car with more than one person, or with the window down, handing your headphones to someone else to "check out this song", or even playing your music at home too loudly, in case you inadvertently put on a concert for your neighbors.
Clinging to an old model indeed. Instead of adapting to new technologies, they'd just rather sue their customers and waste millions of dollars with no recouped losses. No wonder EMI is thinking of ditching them altogether.
Although, the RIAA lost me when they shut down Napster. I had no disposable income then, and they went after their future customers. Now that I have some money, the RIAA won't be getting a cent.
I will gladly pay an artist for his/her music. But I'm not paying for music 4 times (for each media device I own), and I'm not paying giant RIAA exec's way into another yacht. In fact, I suggest going to live shows where the RIAA can't get your money.
Now, they say putting CD's (that I purchased legally in the past) on to my hard drive is stealing? Well I guess that makes EVERY SINGLE computer owner a thief. I cannot fathom the logic they are using. Now your customers are all thieves? Yeah, that's a good business model - for the Mob.
The illegal cd ripping thing, is just part of the RIAA's policies. They know that it would not hold up in court to just sue fro cd ripping as fair use would have a strong defense there. But of course it has not been tested in court.
http://www.engadget.com/2007/12/30/riaa-not-suing-over-cd-ripping-still-...
Let me tell you something RIAA, I WILL be downloading every cd I have to my computer, I WILL THEN download those songs to my mp3 player of choice for MY and my wifes enjoyment. TRY to fucking stop us.
Is that RIAA poster on the article for real?
Woot.
Its parody. Funny parody at that.
That would have been a good threat... back in the 60s! Communism isn't that big a deal anymore, right?
I'm way ahead of you: I'm happy - nay, proud - the say that I was given a new iPod Nano for Christmas and that I wasted no time in not only ripping all of my CDs to my laptop so I can take them anywhere with me, but I also then transfered copies of those copies to my iPod in case that I don't have my laptop on me at a given time. I will also then be letting friends (and random people if they ask) listen to MY music, as it will provide free advertising to the artists, which is more than the RIAA actually does.
What they really hate is the First Sale doctrine. They want to pretend that it is not a part of copyright case law, because they love the idea of charging someone two or three times for the same product. They believe that if they throw enough money at Congress, they can get the First Sale Doctrine to go away. Judging by the DMCA and all the other legislation since, they may be right...
Maybe I'm wrong, and maybe this doesn't fit with what they say publicly, but it's what they're arguing legally (at least in Howell, page 15): http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_071207RIAA...
This is the controversial "making available" theory.
Note that they also argue, on the same page, the less controversial "actual distribution" when they note that 11 of the recordings were actually distributed from that computer.
They question is the shared folder. Is it shared on a personal home network for household use? Or shared for the intent of P2P online distro? I have all my music shared to the home network, so I can stream it to any PC (or my Mac) that I own, to listen in different rooms.
But here's the rub: calling mp3's you've ripped "un-authorized" is the RIAA's way of saying "illegal" because they have precedent in protecting themselves as the only provider of "authorized" copies.
Man, they've taken a (set of) law(s) originally intended to stop people from selling other people's ideas/music/etc as their own a long way, eh? Now it's one step from being illegal to buy music, and listen to it in your car, PC, stereo and mp3 player without buying it 4 times.
The main trouble is the money, even if I was to share music, how is that breaking the law? I'm not pretending to have created it, and I'm not making money fom ideas not of my own creation. But somehow, lost CD sales from the big business makes this issue one of laws. And hell, I was willing to give them that one - I'll buy your music, but I should stll be able to use it however I want.
Try a little experiment, try searching for Myndflame's music (http://www.myndflame.net/)on your P2P pirating lit of choice. You won't find it, or at least not very many. Why? Because they distribute their music at resonable prices to their customer's online. And then they don't care what you do with it. (I realize they aren't "big time" but it's a small example).
Big Business (RIAA is a prime example) just doesn't like the small business talking directly to their customer's model. They like the "sit back and make shitpiles of money off of the same media for 50 years" business model. Too bad customers prefer one of those. Disney is another prime example of this.
Bleccch. I was having decent morning. At least It's only a half day today.
But making it illegal to download music from a cd to a hardrive? Doesn't that make Windows Media Player, iTunes, and lots of other software products totally illegal?
Yes, they do exist, and really will happily sue people into bankruptcy for not paying the 12 dollars for a CD.
Course, Disney is no better with their forced scarcity using that vault.
I steal music from the internet. And, after the Foo Fighters rootkit fiasco, I give out copies of rootkit-free Foo Fighters CDs to everyone I know.
So far as I can tell, the musicians are still rich.
Get bent.
Signed,
Somebody who buys old CDs and rips them to MP3 because it's way more practical than constantly changing discs.
I collect a couple dance records and am trying to archive them all to mp3. It beats wearing down the needle and records each time I want to listen to it. I sure hope the RIAA law doesn't extend to underground labels producing dance music (that are still in business anyway).
"fiddy" doesn't need another diamond covered Mercedes Benz.
As for the RIAA, yeah, they're quite insane, and I bet Jack Thompson supports this kinda thing, ugh.
I’ve wondered for years why the RIAA never made such a fuss over dual cassette players with the ability to dub (copy) cassette tapes…
I'm not 100% certain, but I seem to recall that somebody did have an issue with dual cassette players, but got smacked down by the courts, as they should have been.
Now if you excuse me, I need to do some sorting/cleaning of the MP3s and videos on my Zen Vision M.
Unfortunately, the musicians still aren't rich from their music. They make their money from the concerts. The RIAA and record labels pretty much get all the money from the CD's. However, the artists are kind of forced to back the RIAA in order to keep their recording contracts. Luckily, many have turned to just distributing their albums on their websites (I know Radiohead does this as does Myndflame as mentioned by the1jeffy). This does cut out the RIAA, but probably not for long. Here's my prediction of future "laws" to be imposed by the RIAA:
1. It will be illegal to record and distribute a song solely over your artist's website.
2. It will be illegal to purchase only one copy of a CD.
3. It will be illegal to purchase any music without some form of copyright protection (like Amazon MP3's).
4. It will be illegal to listen to the CD's you purchased.
5. The only forms of music that can be distributed legally will be on vinyl and eight track.
6. It will be illegal to own any form of microphone that can be connected to a computer as it can be used to record music from a stereo (albeit badly).
I could go on and on but why bother? Happy new year, everyone!
I see the RIAA being run by a bunch of old eighty-year old curmudgeons that can't accept that they are failing at running their antiquated industry in a technological world.
I hope they go bankrupt. Artists will still make their money from concerts and can distribute their music on their own, online, and actually make more money than they did with recording companies that are in league with the RIAA.
This whole RIAA mess has been a hot button topic with me for a long time.
It is as easy as: Media technology has evolved beyond the ability of the controlling interest to manage it.
VCRs? Recordable DVDs? Recordable CDs? Tivo? PMPs? Cassette Dubbers? DVD Rippers?
It's evolution baby!
The scary issue is that the RIAA is calling his ripping of cds he owns "Illegal copies" and not focusing on the "He shouldn't be distributing these" part. They're being blatant about it now, I'm assuming because they can attempt piggyback their wacko concept on an illegal action- very much like how a very old court case regarding illegally modifying a shotgun has been used as evidence that supports that the 2nd amendment does not apply to personal private ownership due to the judge stating that he couldn't see how the shotgun pertained to "a well maintained militia".
Wasn't it Lenin who said "Tell a lie enough times and it becomes the truth"?
Ironic timing about your post and mine... and the concert aspect...
Copying the content of media (for "backup" purposes) was made legal in the Betamax case circa 1985.
Sony (of Sony/BMG fame) makes MP3 players and ADVERTISES on those devices that you can rip your favorite CDs to MP3 for use on those devices.
How. . . very odd.
(Rhetorical question there. I already know the answer.)
I'd say that's pretty much how the RIAA sees it.
@int0xitive
7. It will be illegal to privately own any music instruments unless you are part of a major because you might play a copyrighted song and others might hear it *ominous sound* for free.
8. It will be illegal to drive with your windows down if you own a car stereo, and if you own said stereo, your car must be insulated so no sound escapes.
Stealing something from yourself and giving it back to yourself for free, you mean?
Technology evolves while the RIAA preaches creationism.
9. It'll be illegal to even have any type of music playing in the background for your home videos. It's already happened.
I'd like to see the RIAA try and swap in/out dozens and dozens of CDs on a computer, especially video game soundtracks from Japan...those things run anywhere from 2 to 4 discs...
I know it's a parody but I just wanted to point out the irony.
On another note, I feel it is offensive to compare Darth Vader to the RIAA. At least Darth Vader had some redeeming qualities.
That was my question. To copy a song from a CD to Ipod requires copying to the computer along the way which would leave a image. Wonderful. Guess we can all up and go to jail now.
This is really making me think of the asylum that Douglas Adams wrote about in So Long and Thanks for all the Fish.
It almost seems like they want you to pay for the cd, then pay to download the songs. Next they'll want to make all radio pay per listen or some other such nonsense.
I don't see them lasting too much longer.
Aspiring artists no longer have to be bent over a barrel and (bleep have naughty things done to them bleep) because some (bleep nasty person bleep) who only wishes he could sing controls the radio spots and cd production.
And now the fans can choose what they want to hear, instead of being force-fed bad bands over the radio.
The freedom of information means never having to swallow another person's (bleep uh.. I got nothin' bleep).
I really wish we could do something about this (but we know the RIAA won't listen to us, any suggestions anyone?)
Stop buying music controlled by them. Support the indie scene and those bands who make the move to leave the RIAA (Radiohead for example).
Money talks. That is why they are fighting so hard on the legal side. They are losing money and they will try everything they can to get that money back.
If everyone stopped feeding them and bought non-RIAA music, they will eventually dry up and die.
But getting everyone to do something like that is like getting a third party elected president. :(
thats what their trying to say with-out actually saying it.
Vote seconded...RIAA first, then the Sirius Cybernetics Corporation.
I mean, SERIOUSLY, next they are gonna say you can't buy a CD and play it you have to buy it twice!
If I bought a CD and couldnt play it on my computer or something, I'd take it back and say it's defective, a computer keeps the DMR on it, it doesnt take it off. RIAA IS A BUNCH OF IDIOTS.
i saw the clip and read the story.... WTF!!! is princes problem???
*wears an ushanka, grabs a bottle of Stolichnaya, and starts playing the USSR National Anthem on LimeWire*
To 2008 and Online Communism!
@Twin-Skies:
It's a parody of a somewhat famous WWII propaganda poster that originally reads: "When you ride ALONE you ride with Hitler!" You can see a copy at http://www.propagandaposters.us/poster10.html or just google image search the phrase.
I personally find the original hilarious, but I find most propaganda hilarious.
Prince is a douche and a control freak who has his entire mansion bugged.
Bastards
But you OWN the CD. You bought it. So would this mean you are stealing from yourself?
A roommate of mine in college was a promotions rep for a record label. Every week he would get a 25-pack of whatever album he was supposed to shill out, to be given to local radio stations, coffee shops, or used for prizes in giveaways.
When I saw how much product they were literally giving away in order to promote mostly lame music, and I started to realize just how much that costs the rest of us who actually had to buy albums, I vowed to never support the industry again.
Their abject failure to embrace the internet as a delivery mechanism, and instead treat it with fear and prejudice, leads me to hope that one day their struggling business model will finally go belly up and allow some entrepreneurs with some sense to step in and take over music distribution.
Too bad they still have deep pockets and lots of lawyers.
If it's released by an RIAA-associated label, you have my permission to download the fucker over torrent or limewire or whatever. (:
The Xbox, Xbox 360, and PS3 all allow users to rip music to a hard drive. This means that should it become illegal to rip music you have legally obtained to a hard drive, anyone that has any music on their hard drive(s) for any of those consoles could be found liable for copyright infringement.
In as somewhat related matter, Microsoft and Sony could be found liable for advertising and including a feature that allows end users to perform copyright infringement. The delicious irony is that Sony would have to sue itself. Microsoft would just be able to throw money at the problem until it goes away. Them guys is rich, I tellz ya!
Seriously its illegal to but a cd then put it on your computer so you can transfer it to your ipod The music biz is going to crash and burn if they keep this up
whats next its illegal to buy then listen to it?
check out Weird Al" Yankovic's song thats got a bit to do with this
dont download this song
http://www.youtube.com/watch?v=Yz-grdpKVqg
I downloaded that song and put it on my PSP. :3
December 31st, 2007 at 7:20 pm
This is blasphemy! This is madness!
This! Is! Sparta!
Had to say it.
He who shows no mercy, deserves no mercy.
Ben
Didn't think of that, that right there should be a good enough defence for it.
What makes you speak such language?
It can be said that the RIAA has shown no mercy and thus deserves no mercy.
The RIAA mattered at one point but there way of doing things does not match up to the way the industry is evolving.
I swear they and Jamie Kellner are one in the same.
Fuck you, RIAA.
After watching the RIAA sue a 10 year-old girl, (I shit you not) I can easily believe the 'no mercy' thing.
Actually my example made a little more sense because the boxed mac and cheese companies actually lose money vs selling a pre made product. No... its more like if you bought the box of mac and cheese, cooked it... then served it up on more than 1 plate.
I swear, the legal system in this country has gotten so bad it's illegal to breath. If anyone is obeying all the laws day in and day out they are probably already in jail and just don't have any opportunity anymore.
That situation sounds so crazy I almost hope it happens. But unfortunately throwing enough lawyers at a problem will make things legal for you and not anyone else. Its just a matter of wording things so that you and your situation is inherently different from anything else. Money makes the world go around as they say.
@Monkey Face
That song is awesome, and I loved the movie that went with it. Did Wierd Al do the movie too? or did someone else later? How can that even be on you tube then? Unless its public domain? If it is... does that mean I could download it? Not that I even know how to download things ... I mean... just hypothetically.
You know... I wonder... I've got Dawn of War installed on my computer, I copied it from the Dawn of War CDs that I bought (Ive got all the expansions so far). Is that illegal too?
Actually it is more like exceeding the number of servings on the box. Each box of Mac and Cheese says it has four servings (if I am not mistaken). It would be illegal to serve five or more people off of one box of Mac and Cheese. Serving five people with one box of Mac and Cheese is a nice way of saying "stole just one serving"
If you are using a 'no cd crack' then according to the ESA, yes.
Oh I so agree the RIAA needs to die. I've been in the music industry and have many friends who still work in it (yes you do have to shower twice a day when you're involved... The slime gets thick). A fact many may not realize is that the RIAA (and another organization I can't recall off the top of my head at the moment) are legally entitled to fees when you broadcast music. The legal definition (at least from the music industry side of the fence) is that broadcasting music is more than one person listening to what is being transmitted. So, obviously radio stations have to pay fees do transmit the music they do to the RIAA. This is also why they're after people who have network based devices to play MP3s over.
...oh yes... They are.
See your family can own legal copies of all the songs and albums, but the RIAA has decided that you're broadcasting when you place those on a network shareable location that those with a wireless connection and a computer can then listen to.
The bottom line is the RIAA believes that for each person listening to a song there should be a song sold. I guess they think they're the software industry now *shrug*
This hasn't been an issue in a past because the record labels have had banner years financially until now. They also had that whole common law and property thing with married couples to deal with.
The sad truth we as consumers understand and the artists understand is that their need to hold on to the dinosaur/cash cow marketing and bs that is the recording industry is why they're losing money.
From my perspective I see the recording industry of the future being RIAA free and corporate record label free in the terms of how they exist now. Many will call me crazy (I am go ahead ;)), but I see companies like Google, Apple, and Microsoft becoming the new industry as media companies. Purchasing music on a license basis as we do now with software and video games makes the most sense and fits our needs as consumers. Radio Head as a band has proven this with record sales and profits on their latest album.
I'm with you EZK. Support your artists directly and ask your favorite bands to provide you recorded music you can download from them directly because you don't feel like getting sued by the Emperor and his lawfirm Skywalker, Hut, and Fett from the Deathstar.
IT'S SHARING IT'S ILLEGAL
Lets pretend we live in a fantasy world where we all agree that copying music to your hard drive is wrong. The RIAA is (or at least should be!) an industry regulatory body, not a policing organization. They should be going after the corporations that enable these practices, not the individuals who, for example, copy a CD using perfectly legitimate software (iTunes or Winamp or the like).
What I'm saying is, not only is the RIAA completely off in its conception of media distribution, but its also completely out of line and frankly totally hypocritical in its enforcement methodology. It'd be like if the government arrested everyone in the country who burns leaves but ignored emissions regulations on power plants (oh, wait)...
The RIAA is only interested in furthering record company profits. They have no other goals. Everything they spew boils down to big business profits. They've made it clear that everything else is secondary to that regardless of their "we're protecting artist's rights" cry everytime they head into court.
What kills the RIAA is the fact that their CDs are $12 and we only enjoy certain songs on that CD. The internet basically rids this problem with MP3s and file sharing. The artists that make the songs barely receive anything for the CDs, so it is just free money for the RIAA.
They can make as many laws as they want, but most of us will break these laws anyway because they can't arrest us all. There are too many of us.
"In as somewhat related matter, Microsoft and Sony could be found liable for advertising and including a feature that allows end users to perform copyright infringement. The delicious irony is that Sony would have to sue itself. Microsoft would just be able to throw money at the problem until it goes away. Them guys is rich, I tellz ya!"
I could not stop laughing at this. It is so true.
Even though I buy a CD, I have every right to listen to the music on that CD in any format I choose! Even though I have the CD of music I listen to, I prefer to convert them over to MP3 (or a format that my portable player can use) & listen to them that way instead of risking scratch or damaging the CD's. With the CD's that I have... they're really hard to replace!
I wouldn't be too surprised if the Arizona Man files a counter-claim against RIAA for infringing on his rights to Fair Use.
Fair use does need to be written into copyright law. But it won't as long as the media companies are writing the laws.