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ELECTRICBLANKET
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Articles Posted: 3; Links Seeded: 149
Member Since: 9/2007Last Seen: 10/31/2009
Member Since: 9/2007Last Seen: 10/31/2009
17 Votes
20 Comments
RIAA sues person for making MP3s out of purchased CDs for personal use
News Type: Event — Seeded on Sat Dec 29, 2007 10:17 PM EST
Article Source: The Washington Postadvertisement
Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.
The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.
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 | RIAA Insanity-Suing People For Ripping CD's They Purchased | FastSilicon.com | Sat Dec 29 | 14 |
| Lawyer: Ripping MP3s Illegal, Grounds for Lawsuit | FOXNews.com | Tue Jan 1 | 3 |
| Record industry practices revisionism about music recording | Boing Boing | Mon Dec 31 | 0 |
- Public Discussion (20)
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{"commentId":1312329,"authorDomain":"electricblanket"}
Damn, this is getting ridiculous.
{"commentId":1312329,"threadId":"195611","contentId":"1193205","authorDomain":"electricblanket"}
- 5 votes
#1 - Sat Dec 29, 2007 10:17 PM EST{"commentId":1312547,"authorDomain":"Prilj"}
Nice. So, I'm not allowed to transfer music that I legally purchased to my mp3 player?
Oh well, I guess it's back to carrying luggage filled with cds everywhere I go... again... yeah, right! :P
Hey, RIAA ---Come and get me!--- :)
{"commentId":1312547,"threadId":"195611","contentId":"1193205","authorDomain":"Prilj"}
- 2 votes
{"commentId":1314667,"authorDomain":"wingod"}
I am in full agreement with you on this one EB.
{"commentId":1314667,"threadId":"195611","contentId":"1193205","authorDomain":"wingod"}
- 3 votes
{"commentId":1316655,"authorDomain":"DanLS"}
Absolutely! ... what the hell are they thinking?
{"commentId":1316655,"threadId":"195611","contentId":"1193205","authorDomain":"DanLS"}
- 1 vote
{"commentId":1312532,"authorDomain":"Accelerando"}
I sure hope the RIAA doesn't find out about that "Import CD" button in iTunes!
I'm only being semi-sarcastic here. If the RIAA decides to go after Apple...well, there'll be a new CD ripping tool on my computer within the hour.
{"commentId":1312532,"threadId":"195611","contentId":"1193205","authorDomain":"Accelerando"}
- 3 votes
#2 - Sun Dec 30, 2007 12:56 AM EST{"commentId":1313036,"authorDomain":"bondibox"}
I just reposted an opinion piece I've been writing over the years, about how the RIAA has been ripping you off
{"commentId":1313036,"threadId":"195611","contentId":"1193205","authorDomain":"bondibox"}
- 1 vote
#3 - Sun Dec 30, 2007 11:00 AM EST{"commentId":1313086,"authorDomain":"soulbabel"}
Umm... how do you even get caught making local copies of your CDs? I'm guessing he made his CDs into MP3s and then started sharing them, in which case he's getting busted for the same thing everyone else is, except he's trying to use this as an excuse.
{"commentId":1313086,"threadId":"195611","contentId":"1193205","authorDomain":"soulbabel"}
- 2 votes
#4 - Sun Dec 30, 2007 11:30 AM EST{"commentId":1316439,"authorDomain":"Andimia"}
I was wondering the same thing. How do they know he had all of that on his local machine?
{"commentId":1316439,"threadId":"195611","contentId":"1193205","authorDomain":"Andimia"}
- 1 vote
{"commentId":1316653,"authorDomain":"brendamayer"}
as long as you don't give away the music or lend it to anyone.
I hate these people. I really, really do. So it's illegal for me to check out a cd from the library? The library is breaking the law? When my daughter listens to my CD's she is stealing them? I can't give away this old Travis Tritt CD? Am I allowed to throw it away? What if someone takes it out of my trash? How am I supposed to get my old Bruce Springsteen CDs onto the new MP3 player I got for Christmas? Are they snooping into my hard drive?
Regarding how they knew how he had it on his local machine, if he had been filesharing they would have sued him for that. They most certainly would not have given him a pass on it and sued only for copying to his local machine.
Can they sue ALL of us?
{"commentId":1316653,"threadId":"195611","contentId":"1193205","authorDomain":"brendamayer"}
#5 - Mon Dec 31, 2007 5:03 PM EST{"commentId":1316794,"authorDomain":"ririaroo"}
Time to stop buying CDs.
{"commentId":1316794,"threadId":"195611","contentId":"1193205","authorDomain":"ririaroo"}
- 2 votes
#6 - Mon Dec 31, 2007 6:23 PM EST{"commentId":1316825,"authorDomain":"electricblanket"}
you could buy music made by non-riaa bands...there's a website out there which collects this info so you know who is and who is not represented by the riaa.
{"commentId":1316825,"threadId":"195611","contentId":"1193205","authorDomain":"electricblanket"}
- 1 vote
{"commentId":1316838,"authorDomain":"wingod"}
EB
Good idea. That is the only way to get through to those tards.
{"commentId":1316838,"threadId":"195611","contentId":"1193205","authorDomain":"wingod"}
- 1 vote
{"commentId":1317592,"authorDomain":"MinnieApolis"}
Congrats, RIAA! You've managed to just about exterminate the CD sales segment of the music industry. Plus alienate your customers, and really tick off music lovers and anyone who believes that once you have BOUGHT a recording, you can use it as you see fit FOR YOUR OWN USE. Send those RIAActionaries back to wherever they came from.
{"commentId":1317592,"threadId":"195611","contentId":"1193205","authorDomain":"MinnieApolis"}
- 1 vote
#7 - Tue Jan 1, 2008 3:20 AM EST{"commentId":1320915,"authorDomain":"hemphill"}
I think this will continue until someone manages to get through to the music labels that when they distribute a music cd, it is not a recording. It is software. Until the distinction makes it home to them this stuff will continue.
{"commentId":1320915,"threadId":"195611","contentId":"1193205","authorDomain":"hemphill"}
- 1 vote
#8 - Wed Jan 2, 2008 11:06 AM EST{"commentId":1326602,"authorDomain":"DrKnow"}
Hemphill - you had best read the End Users License Agreement (EULA) that you agree to everytime you install software. You are agreeing to only install the program on one computer at a time.
This is why Microsoft makes you 'activate' the software everytime you install it. It takes an electronic snapshot of the configuration of your computer. If it changes, they know you are trying to install it on another computer.
{"commentId":1326602,"threadId":"195611","contentId":"1193205","authorDomain":"DrKnow"}
- 2 votes
#9 - Thu Jan 3, 2008 10:18 PM EST{"commentId":1327225,"authorDomain":"hemphill"}
I do read the EULA's in great detail. That is why I mostly use linux or bsd. The difference is that software you do explicitly have a right to back up.
{"commentId":1327225,"threadId":"195611","contentId":"1193205","authorDomain":"hemphill"}
{"commentId":1327233,"authorDomain":"DrKnow"}
Backing it up is different from replicating music on another readily available location. Your point about software conflicts with your statement about music being software. You are correct in that most EULAs do expressly allow you to make a backup copy. The music CD does not.
{"commentId":1327233,"threadId":"195611","contentId":"1193205","authorDomain":"DrKnow"}
{"commentId":1329212,"authorDomain":"hemphill"}
If I buy a music cd, and copy it onto a hard drive as a backup. Then only listen to the backed up copy, I am treating it identically as I would software.
{"commentId":1329212,"threadId":"195611","contentId":"1193205","authorDomain":"hemphill"}
{"commentId":1332448,"authorDomain":"DrKnow"}
If that is what you are doing, you are within your rights. Almost 40% of teenagers do not see it as stealing to make copies to give to their friends or to put on more than one mp3 player.
{"commentId":1332448,"threadId":"195611","contentId":"1193205","authorDomain":"DrKnow"}
- 1 vote
{"commentId":1332456,"authorDomain":"wingod"}
I have two mp3 players, one that is for my business use and one for my personal use. I have all of my music on both players. Guess what I cannot listen to both of them at one time so there is no violation and I will sue till the end of time to support that usage.
Also, if I had an iPod Shuffle that I took backpacking I would put copies of my music there as well. The principle is that I can only listen to one device at a time just as I have three computers in my office that only I use, that I have the same software on. Even my adobe software that detects if two copies on one office network running at the same time will allow me to run the same licensed copy on two computers as long as I don't run the same application at the same time. That is allowed under the EULA.
{"commentId":1332456,"threadId":"195611","contentId":"1193205","authorDomain":"wingod"}
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