RIAA suing citizen for copying legally purchased CDs

I read that and was shocked. Im glad the guy is taking it to court and not letting it go. If you buy a song you should have the right to do with it as you please as long as you are not distributing it.

If you copy a song from the radio then what? Can you do as you please with that?



"Sure, we've heard RIAA-admiring lawyers affirm that ripping your own CDs is in fact "stealing," but it seems the aforementioned entity is putting its money where its mouth is in a case against Jeffrey Howell. Reportedly, the Scottsdale, Arizona resident is being sued by the RIAA, and rather than Mr. Howell just writing a check and calling it a day, he's fighting back in court. Interestingly, it seems that the industry is maintaining that "it is illegal for someone who has legally purchased a CD to transfer that music into their computer." Ira Schwartz, the industry's lawyer in the case, is arguing that MP3 files created on his computer from legally purchased CDs are indeed "unauthorized copies," and while we've no idea what will become of all this, we suppose you should go on and wipe those personal copies before you too end up in handcuffs" Engadget website

Antony

 

Quit giving them ideas

 

the time will come

 

What if I'm at home, alone... I have a cd, but I wish to slow it down a bit... I copy it to MP3 format, use the slow downer plugin, pull up a chair, get out my guitar and start to play along. But wait... there is more, someone walking by my window, is listening to the music and that it is playing! How many violations is that?

1) for playing an unauthorized song
2) for copying an unauthorized song
3) for allowing people to listen to an unauthorized song they did not pay for
4) for playing my guitar to the tune of the unauthorized song
5) for allowing people to listen to me play (probably poorly) that unauthorized song

I could go to jail for a long time! wow... I don't think I'll be able to do this again!

 

The RIAA will never win hearts and minds with these tactics and file sharing is to ubiquitous that they will never actually stop it with lawsuits, so I don't see what they are achieving here other than angering as many people and alienating as much support as possible?

Many people can get behind going after people who share tons of music. What reasonable adult is in favor of going after a man who owns the CD but makes an MP3 from that CD?

I am not a huge music fan, but I do have a single CD filled with MP3's that I ripped from CD's I own. I could have 40 CDs in my car or a single CDRW with MP3's I burned with 200+ songs on it. Apparently I have broken the law by making that CD even though I own pretty much all the CD's for what's on it... and the stuff I do not own the CD's for is pretty much the classical stuff.

 

Isn't Mr. Schwartz a user here? I remember wondering about his user name because I know a girl with the same first name. Funny how small the world is...

 

Personal copies are "fair use".

 

http://www.ferrarichat.com/forum/member.php?u=99

5, 4, 3, 2, 1....his PM box is now full. LOL!

 

Remember that "how many mp3's do you have" thread? Uh oh..

What your seeing is the recording industry falling on it's face. It's the Titanic sinking. In the process fingers are being pointed and lawsuits are flying. It's all about money. The recording industry and the big record labels are having serious financial problems and are looking for a scapegoat. That scapegoat is their own customers. Sad really.

 

Gee, glad my answer (I think) was and still is ZERO Certainly don't have any music on my computer anyway...

Sorely tempted to burn everything I own and freely distribute it like crazy based on this kind of legal nonsense though!

 

Isn't the RIAA ruining their chances at any lawsuits now, anyone think courts will see this and start throwing out cases that the RIAA has the right to be suing?

 

I keep hearing that song "Jump Around" from "House of Pain" in my head after seeing it on VH-1's bext of the 90's.
Do i have to stop now for fear of a lawsuit!?

 

Oh noes! I iz going 2 gaol 4 life!

I have never pirated any music, but I do make copies of my CDs to play in the car, so that the originals don't get ruined. If RIAA thinks this is illegal, I will be only too happy to go to court and argue the case.

The eventual outcome will be that artists return to the days of singing for their supper: live performances will be their primary source of income, as recorded music becomes freely available. RIAA is just delaying the inevitable.

 

No - quite the contrary! I'm not a big fan of legal action, but I will stand behind you in a "mental anguish" suit all day long! If that junk is stuck in your head - YOU have every reason to look for legal representation and justice!!!

 

Is it now illegal to rip a CD and upload the songs to your iPod or another mp3 player? Would they consider that a "computer"?

 

Starting in 2008, all iPod's and memory devices which can be used to store music will be subject to a levy in Canada. 30 gig ipod's will have $75.00 tacked on.

These people are unbelievable!

 

http://scobleizer.com/2007/12/29/the-riaa-is-right/#comment-1823747
http://www.engadget.com/2007/12/30/riaa-not-suing-over-cd-ripping-still-kinda-being-jerks-about-it/
According to court briefs, the guy had the music files in his Kazaa Folder. Some doubt as to whether they were copied off "his" CDs as well - may have been illegally downloaded.

Not good.

For "the rest of us" - to clarify what is Okay and not Okay - read following:
__________________


http://riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law
When It Comes to Copying Music, What’s Okay … And What’s Not:

Technology has made digital copying easier than ever. But just because advances in technology make it possible to copy music doesn’t mean it’s legal to do so. Here are tips from some record labels on how to enjoy the music while respecting rights of others in the digital world. Stick with these, and you’ll be doing right by the people who created the music.

Internet Copying

* It’s okay to download music from sites authorized by the owners of the copyrighted music, whether or not such sites charge a fee. For a list of some authorized sites, click here.
* It’s never okay to download unauthorized music from pirate sites (web or FTP) or peer-to-peer systems. Examples of peer-to-peer systems making unauthorized music available for download include: Kazaa, Grokster, WinMX, LimeWire, Bearshare, Aimster, Morpheus, and Gnutella.
* It’s never okay to make unauthorized copies of music available to others (that is, uploading music) on peer-to-peer systems.

Copying CDs

* It’s okay to copy music onto an analog cassette, but not for commercial purposes.
* It’s also okay to copy music onto special Audio CD-R’s, mini-discs, and digital tapes (because royalties have been paid on them) – but, again, not for commercial purposes.
* Beyond that, there’s no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns so long as:
o The copy is made from an authorized original CD that you legitimately own
o The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying.
* The owners of copyrighted music have the right to use protection technology to allow or prevent copying.
* Remember, it’s never okay to sell or make commercial use of a copy that you make.

Are there occasionally exceptions to these rules? Sure. A "garage" or unsigned band might want you to download its own music; but, bands that own their own music are free to make it available legally by licensing it. And, remember that there are lots of authorized sites where music can be downloaded for free. Better to be safe than sorry – don’t assume that downloading or burning is legal just because technology makes it easy to do so.

Enjoy the music. By doing the right thing, you’ll be doing your part to make sure that the music keeps coming.

This site is intended to educate consumers about the issues associated with the downloading, uploading and consumer copying of music. It is not intended to offer legal advice or be a comprehensive guide to copyright law and the commercial uses of music.

 

Good, I'm ok then. I'll be dammed if they're going to arrest me for making personal copies of cd's I've purchased. It'll be a cold day in hell.

Seems the guy in the article was probably illegally downloading music. That's how they found him.

 

What's even funnier is that this fellow is a blue tape user...on a supposed race car. No doubt he's a stellar driver!

 

Actually, what the brief says is: "Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs."
I do not read this as saying that 'mere ripping' from a CD is what is at issue; instead, it is the copying, plus the presence of the copy in a 'shared folder.'

Apparently, the defendants wiped their computer clean of any records which would show the extent of their distribution of these files, and the issue then becomes whether the presence of those files in a 'sharing' folder is itself (circumstantial) evidence of illegal distribution (leaving aside whether a negative inference should be drawn from the destruction of evidence by the defendants). Note too that the rights of reproduction and distribution are separate rights under the US Copyright Act, so that the copying with the intention to distribute those copies is different than 'mere' copying for personal use. But, what is ultimately at stake in that case is proof of unauthorized distribution, not just copying.

As to whether "personal use" copies are "fair use" when made to fill the need for having another copy to be used for the work's intrinsic purpose (of entertainment), I disagree. But, that's another issue.