OT: RIAA: It's 'Illegal' to Rip Your Own CDs to Your Own Computer

[The Ghost In The Machine]

In comp.os.linux.advocacy, Red Henk
<[email protected]>
wrote

Since you mentioned the MI5 guy, what's with all that spam about?!
Initially I thought that it was just me or the usenet client that I'm
using but the shit is appearing in all the newsgroups that I subscribe
to. I tried to filter it out but it gets around my filters, by small
changes in the subject name.

Presumably, he wants to ensure that his message is
explicitly skipped.

I've seen the same, though, and he's sophisticated; the
usual killmethods may not work on him.

 

[Linonut]

* jim fired off this tart reply:

(from http://www.news.com/8301-10784_3-9839897-7.html?tag=nefd.top )

January 3, 2008 9:26 PM PST
RIAA shreds Washington Post story in debate
Posted by Greg Sandoval

An executive with the music industry's lobbying group engaged in a verbal
sparring match on Thursday with the Washington Post columnist who alleges
that the organization is trying to outlaw the practice of copying CDs to a
computer.

Best not to leap to conclusions, then. Sigh.

 

[Rick]

jim wrote> computers.

Copying CDs to a computer or an iPod is common all over the world and if
Fisher's claims were correct, the RIAA would be painting millions of people
as criminals. The story became national news and scores of publications
repeated Fisher's claims.

Take a deep breath and count to 10--then ask yourself how could this be
enforced?

Rick

 

[Rick]

found 'em:

Jury Instructions found here:
http://recordingindustryvspeople.blogspot.com/2007/10/jury-instructions-in-virgin-v-thomas.html


And the debate over it:
http://arstechnica.com/news.ars/pos...ruction-as-capitol-v-thomas-wraps-up.html?rel


<quote>Judge Davis amended the instruction to say that the "act of
making available for electronic distribution... violates the copyright
owner's exclusive copyright."

The current case is a extension of that instruction. The RIAA is suing
Jeffery Howell over making ripped MP3s available on a shared drive.
It's not clear whether that is over a home network or the bigger
internet or to who.

If, as you say, it's over a home network and with his wife - the RIAA
really has driven over a cliff.

How in the world do you think that RIAA could get access to a home net
work? I am guessing that it must have been put on the web. The whole
idea that copying CD's or TV programs for your own use is illegal is a
very rocky road and not likely to be supported by the law.

Rick

 

[dennis@home]

"non-computer disks"?

Ok, could you please explain what you mean by non computer disks?

Recordables with the royalty paid on them and with the tag need to make them
work in audio recorders.
Un-chipped (un-hacked) audio recorders would only work with the tagged
disks.
Do you live a sheltered life or are you just a kid?

 

[Daave]

You bought the medium, you did not but unfettered rights to the
intellectual, creative, contents of the media. Ownership of the song
or program or whatever's ON the media reside elsewhere. You may
legally access this content only under the terms of a contract
willingly entered between you and the creator (or his agent).

You can't equate songs with programs as the laws pertaining to them are
different.

Just because you don't own the rights to the song (which means
collecting royalties) doesn't mean you don't own that particular copy of
the song. And you are free to do whatever you want with that song as
long as if falls under Fair Use. And that certainly includes ripping an
MP3 off a CD to put on your iPod.

 

[Rick]

ok, my last post on this topic. (maybe!)

Caver1, I was confused when you said "Transcript of the case" - that's
the Jammie Thomas case as the Howell case has not yet gone to court.
What I think you meant was the Howell Plaintiff's Brief - there is a
link to that here:

http://www.tenreasonswhy.com/weblog/archives/2007/12/unbelievably_st_1.html

The huge word here is "KaZaA," as in the KaZaA shared folder. It not
really about the ripping CDs to MP3s, it's about the sharing to the
world those songs. If Howell really put 2000+ songs on the net with
KaZaA, I think he's toast.

exactly
Rick

 

[Rick]

:



Makes me wonder if I could get away with selling software which was designed
to stop working if the computer's locale was changed, such that I could
demand a repayment of royalties from anyone who emigrated.

Do not let Microsoft see this

Rick

 

[caver1]

How in the world do you think that RIAA could get access to a home net
work? I am guessing that it must have been put on the web. The whole
idea that copying CD's or TV programs for your own use is illegal is a
very rocky road and not likely to be supported by the law.

Rick

That is what they desire though. They won't go to
court on those desires at this time because they
know they won't win. But gradually erode these
points-DRM, DMCA, amongst other laws that have
passed in some states and countries- and
eventually the road will be smoothed out.
caver1

 

[caver1]

Do not let Microsoft see this

Rick

MS already has a patent that if they decide to
change the contract that you agreed to when you
purchased/installed the software they can
remotely, over the internet, shut your software down.
Overriding any settings you may have set.
Remember this is a patent only. Not in use as far
as they tell.
caver1

 

[The poster formerly known as 'The Poster Formerly]

jim wrote> computers.

Copying CDs to a computer or an iPod is common all over the world and if
Fisher's claims were correct, the RIAA would be painting millions of
people
as criminals. The story became national news and scores of publications
repeated Fisher's claims.

Take a deep breath and count to 10--then ask yourself how could this be
enforced?

Rick]

Remember the Sony rootkits?

--
Priceless quotes in m.p.w.vista.general group -
Submit your nomination at the link below:
http://protectfreedom.tripod.com/kick.html

View nominations already submitted:
http://htmlgear.tripod.com/guest/control.guest?u=protectfreedom&i=1&a=view

"Fair use is not merely a nice concept--it is a federal law based on
free speech rights under the First Amendment and is a cornerstone of the
creativity and innovation that is a hallmark of this country. Consumer
rights in the digital age are not frivolous."
- Maura Corbett

 

[Mark R. Cusumano]

You have the wrong end of the stick.
The royalties are added to non computer disks, its the same in the UK.
This is why audio recorders were chipped to allow users to buy the cheap,
royalty free, computer disks.


Its in the law so it legal.
I don't see how you can keep saying laws are illegal.

Not to get too technical but a law can be illegal (in the US) if it violates
the constitution. Passing a law making it illegal to practice one's chosen
religion in the United States would be an illegal law. There are many on
the books, the problem is you can't challenge the legality of a law unless
you have "standing" meaning somehow the law effects you personally.

 

[Mark R. Cusumano]

Apparently the RIAA read a history book and learned a few things.

**** the RIAA. I'm not a thief. Once I pay for the thing, its mine and I
can do what I want with it. The RIAA is sealing their own doom. Sooner or
later, musicians will cut these greedy cocksuckers out of the picture and
sell their product DRM free, right to the consumer.

You hit the nail on the head. When the artists smarten up and realize that
the Recording Industry is not (and never was) their friend and starts to
publish directly to the consumer then they will cry. Picture if you will
being able to purchase an entire album online directly from your favorite
groups website for $2.00 or individual songs for a dime (or quarter). That
day will not be far off. Look at how much software is sold which does not
use the publishing industry to sell it. I can buy quality software for
$25-$50. Imagine if it sold through the RIAA?

 

[Stephan Rose]

Recordables with the royalty paid on them and with the tag need to make
them work in audio recorders.
Un-chipped (un-hacked) audio recorders would only work with the tagged
disks.
Do you live a sheltered life or are you just a kid?

I don't live a sheltered life nor am I just a kid. When I need blank CD's
though, I just walk into a store and buy blanks...I wasn't aware such
different types exist as I have no need for an audio recorder.

--
Stephan
2003 Yamaha R6

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[caver1]

Not to get too technical but a law can be illegal (in the US) if it
violates the constitution. Passing a law making it illegal to practice
one's chosen religion in the United States would be an illegal law.
There are many on the books, the problem is you can't challenge the
legality of a law unless you have "standing" meaning somehow the law
effects you personally.

True-But- Its not illegal. Maybe unconstitutional
when the supreme court rules that it is. It is
still a legal law until that time.
caver1

 

[DanS]

I don't live a sheltered life nor am I just a kid. When I need blank
CD's though, I just walk into a store and buy blanks...I wasn't aware
such different types exist as I have no need for an audio recorder.

Those would be blank CD's labelled as 'For Music', not all blank CD's.

 

[Stephan Rose]

Those would be blank CD's labelled as 'For Music', not all blank CD's.

Ahh, I think I've seen that before but always just dismissed it as a
marketing gimmick.

--
Stephan
2003 Yamaha R6

å›ã®äº‹æ€ã„出ã™æ—¥ãªã‚“ã¦ãªã„ã®ã¯
å›ã®äº‹å¿˜ã‚ŒãŸã¨ããŒãªã„ã‹ã‚‰

 

[XS11E]

Ahh, I think I've seen that before but always just dismissed it as
a marketing gimmick.

It might very well be, I recall reading somewhere that "music" cds were
exactly the same as the other blank cds. I can't recall where I saw
that and don't care enough to google it but someone might want to?

 

[Travis Crow]

It might very well be, I recall reading somewhere that "music" cds were
exactly the same as the other blank cds. I can't recall where I saw
that and don't care enough to google it but someone might want to?

The music ones are different, they require this:
http://caveviews.blogs.com/cave_news/2004/12/dvd_and_cd_rewi.html

 

[Stephan Rose]

It might very well be, I recall reading somewhere that "music" cds were
exactly the same as the other blank cds. I can't recall where I saw
that and don't care enough to google it but someone might want to?

Well in regards to those audio-recorders not accepting regular blank
disks, that is possible. Each CD does have a special track with
information about it, which I suppose could contain additional
information in regards to those CDs that audio recorders are supposed to
use. Normal players don't care about that track but CD Burners do.

But beyond that...the actual data in itself, there is absolutely zero
difference or else the CD couldn't work in a regular player.

--
Stephan
2003 Yamaha R6

å›ã®äº‹æ€ã„出ã™æ—¥ãªã‚“ã¦ãªã„ã®ã¯
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