RIAA says that ripping music to an Ipod is not fair use!

Discussion in 'General Mac Discussion' started by timswim78, Feb 16, 2006.

  1. timswim78 macrumors 6502a


    Feb 8, 2006
    Baltimore, MD
    Please forgive me if this is in the wrong forum, or if it is a repost.

    Link to the eff article:


    "RIAA Says Ripping CDs to Your iPod is NOT Fair Use
    February 15, 2006

    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...."
  2. eRondeau macrumors 65816


    Mar 3, 2004
    Canada's South Coast
    RIAA Glory Days...

    If it was up to the RIAA, we'd still be listening to 8-Track tapes. Boy, those 8-Tracks sure were a pot of gold for the record labels. Sure, they sounded like hell, but that didn't matter. For years if you wanted to listen to a tape in your car, the 8-Track was your only option. Only problem was, they melted in the sun, and you couldn't record your own, so you had to keep buying the same tapes over and over again. One guy I know bought Dark Side of the Moon like six times on 8-Track because he kept leaving it in his car and it kept melting on him. Oh, those were the glory days of the RIAA!
  3. dornoforpyros macrumors 68040


    Oct 19, 2004
    Calgary, AB
    ahh crap so now buying my music and listening to it in an different format is illegal? Damn, well since it's illegal to buy a CD and rip it to my iPod I might as well just download the album and save the $20, I'm breaking the law either way!
  4. jhu macrumors 6502a


    Apr 4, 2004
    what you should do is download the albums and then send the money you saved to the artist. that way you bypass the riaa, the artist gets more money, and your conscience is cleared.
  5. dejo Moderator


    Staff Member

    Sep 2, 2004
    The Centennial State
    Thanks, I just happened to create a backup copy of my music CDs on my iPod! :D

    Edit: Or have I read that wrong? Damn double negatives!
  6. frankblundt macrumors 65816


    Sep 19, 2005
    South of the border
    It's been illegal for a long time. They sorted that out when cassettes first appeared and home taping was going to mean "the end of music".

    Here they're thinking about amending the legislation so as to avoid the embarrassing situation that currently makes all iPod owners criminals, but the industry are fighting it on the grounds of "trust us, we won't prosecute, we'll sought it out using limited licensing and DRM".

    Yeah right.
  7. progx macrumors regular


    Oct 3, 2003
    the record labels are crapping themselves since they may lose their billion-dollar vacations and yachts.

    getting rich off of other people's ideas, this is the revenge the artist gets for this :D

    freedom of information.
  8. timswim78 thread starter macrumors 6502a


    Feb 8, 2006
    Baltimore, MD

    Originally Posted by timswim78
    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...."

    I guess if the double negatives cancel out, it would read, "Similarly, creating a back-up copy of a music CD is an infringing use...."
  9. angelneo macrumors 68000

    Jun 13, 2004
    Well RIAA and gang just said CD ripping is against fair use as well.

  10. Marky_Mark macrumors 6502a


    Sep 30, 2005
    If I've bought a CD I've paid my royalties to the artist and the record label and I'll listen to it any which way I damn well please.

    They must be out of their frickin' minds if they think I'm going to buy a new copy every time I want to switch the media. That's like having to pay the water company twice to carry tap water in a bucket!

    What a bunch of tossers. :mad:
  11. pseudobrit macrumors 68040


    Jul 23, 2002
    Jobs' Spare Liver Jar
    Interesting. Am I to assume the corollary for iTunes-purchased music is that you can only listen to it using the hard drive on which it was downloaded?
  12. Chacala_Nayarit macrumors 6502


    Oct 6, 2005
    Lakewood, Washington
    Or go see your favorite artist in concert.

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