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RIAA Claims Ripping a CD to Your iPod is Not "Fair Use"

The RIAA is once again trying to assert that ripping a CD and space-shifting it to your iPod is not a noninfringing use (fair use) of the music you have bought, according to the Electronic Frontier Foundation (EFF). The EFF found a filing from Digital Millennium Copyright Act (DMCA) rule-making proceedings where the RIAA argued that moving music to an iPod was not noninfringing, a position that not only is devoid of logic, but that is also diametrically opposed to its position as argued before the U.S. Supreme Court.

The passage as found by the EFF:

"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."

And the RIAA's position argued by its attorney in front of the Supreme Court:

"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."

Should the RIAA have its way on this issue, one would presumably have to buy a copy of a song for your car or home CD player, and another copy of the same song for any digital media devices you wished to play it on. This has been a dream scenario for the RIAA for some time, and one that this editor has often discussed when writing on the issue at The Mac Observer.

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metavurt said:

member since 16 Jun 2003 with 163 posts, unranked, send him a message or view his profile

unfuckingbelievable.

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PerfectIrony said:

member since 01 Apr 2005 with 41 posts, unranked, send him a message or view his profile

metavurt wrote:
unfuckingbelievable.

Yep, that's pretty much what I was going to say too.

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A guest said: (hide)

If this comes to be, I can see skyrocketing piracy. I for one will refuse to pay 2x for the same song/album. They're digging a hole for themselves.

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A guest said: (hide)

Greedy thiefs.

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A guest said: (hide)

...then wouldn't that make distribution of iTunes a violation of the DMCA by Apple?

I mean, it's software that enables such "theft"

Hmmmm

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A guest said: (hide)

This will just make me want to pirate stuff I don't even have any intention of listening to.

What I want to know is, in all these dreamy scenarios the recording industry can come up with, do any of them include actually boosting the payments to the ARTISTS that actually MAKE the music?

My guess is no.

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A guest said: (hide)

OK, when are we going to see the following:

"The movie 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 DVD that you've purchased, upload it onto your computer, put it onto your iPod."

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A guest said: (hide)

There is nothing sacred about the DMCA that it couldn't be changed or repealed. All we need are elected officials that truly represent the people.

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mahuti said:

member since 09 Jan 2003 with 370 posts, TMO Staff, send him a message or view his profile

The DMCA needs to be changed to the following in it's entirety;

" "

Let's all petition the the aformentioned change.

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sweyhrich said:

member since 25 Oct 2004 with 8 posts, unranked, send him a message or view his profile

I know that what legal minds in the music industry fear is to relenquish any more of their hold on the music. When you gain a freedom in an area like this, it is nearly impossible to force a change back to something more restrictive.

We have become quite accustomed in the U.S. that it is "fair use" to put the contents of a record album onto a cassette (or reel-to-reel tape, or whatever), because we have legal precedent that challenged that activity, and rulings that upheld that activity as actual and true "fair use". It is not that way in other parts of the world. In Australia (unless the laws have changed since I last looked at them), it is considered illegal to copy a CD to a cassette; they have no "fair use" provision in their law. When we have so many years of the freedom of shifting our music from one media to another (as long as it is all for personal use and not for sale), it seems perfectly natural to extend this to putting a copy of MY purchased music onto a modern media, i.e., digital (iPod, flash player, computer, etc).

I think court precedent would make it extremely unlikely that the RIAA could get a ruling in their favor to prevent this activity. The technological genie has been let out of the bottle; you're not going to be able to get him back in again now, even if they DID win on this.

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A guest said: (hide)

This is just laughable. Should the head of the RIAA get sideswiped by a dumptruck tomorrow, it would be a good day indeed.

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remoran said:

member since 30 Apr 2005 with 4 posts, unranked, send him a message or view his profile

The pols are so behind the times regarding tech and the RIAA is the worst lobbying outfit in the world. The minute a law like what the RIAA is proposing is passed, the computer market goes to China because no one would by a digital device that is neutered by a law as stupid as what the RIAA wants.

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LaurieF said:

member since 15 Jun 2001 with 3510 posts, TMO Forum Mod, send him a message or view his profile

The local equivalent of the RIAA, the RIANZ, takes a very similar line. And the copyright act in New Zealand still prohibits format shifting.

But as soon as David Cunliffe, the Minister of IT, Economic Development & Communications, gets together with Nanaia Mahuta, Minister of Customs, get together and get this anomaly sorted out, there will be less for RIANZ to fight about. In the meantime, it is still technically illegal, although neither the RIANZ nor Customs have taken action over it. The good side is that Cunliffe, apparently, is sympathetic to the law change.

While this is still going on, many of the members of the RIANZ have iPods. They do their format shifting and don't turn a hair.

So they're all lying bastards. I trust them as far as I can throw up.

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macaddicted said:

member since 16 Feb 2006 with 1 posts, unranked, send him a message or view his profile

Here's a question: when will the RIAA announce that their member corporations have ceased to allow sales of music over iTunes Music Store because the current software allows format shifting from digital to CD formats? Wouldn't the music corporation's refusal to take this step mean that they have not only tacitly approved of, but benefitted financially from, format shifting?

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A guest said: (hide)

Whatever RIAA! You just try nd stop me from ripping my cd's into my iPod. a**holes.

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A guest said: (hide)

What the hell is this, i've given up on buying cd's i downloading, bootleg style. Screw the RIAA.

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LaurieF said:

member since 15 Jun 2001 with 3510 posts, TMO Forum Mod, send him a message or view his profile

It's brainless fools like you anonymous cowards that give the RIAA and its equivalents what ammunition they need to clamp down on our rights. I don't like the RIAxx, but I like you less.

When the RIAA comes knocking at your door you'll get no sympathy from me.

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Bosco said:

member since 03 Jun 2002 with 999 posts, unranked, send him a message or view his profile

Wow. Do any of you understand the legal concept of "fair use"? "Fair use" is a defense against a copyright violation complaint. not some kind of "right". If you read really carefully, you'll see that the RIAA is saying that they grant blanket privilege for people to copy disks onto their iPods, but just because they grant that privilege with current content and formats doesn't mean that they automatically grant similar privileges with all future formats and content. That basically what "all rights reserved" means.

Put another way... Copying to your hard drive or iPod is not "fair use" because you don't need it to be. You already have been granted that privilege under license. Or another way... We don't have to decide which 12 of us get to be in the life raft and which 12 will have to take our chances with the sharks BECAUSE THE BOAT IS NOT SINKING.

Unbefreakinlievable is right. I guess it's EFF pledge drive week.

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someToast said:

member since 11 Jun 2001 with 1447 posts, unranked, send him a message or view his profile

What LaurieF said.

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A guest said: (hide)

As a manufacturer for Independent Record Labels I find all the talk about STEALING despicable. Steal from your own plates not mine!!!!!

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A guest said: (hide)

I can just see the RIAA brainstorming session now:

"Alright people. Piracy is out of control, nobody respects us or our music. Profits are falling. How can we bring customers back into the fold?"

"What if we sued children so that they are in debt for the rest of their lives and will never ever amount to anything?"

"Good, I like that. Make an exampel of them."

"Oh, and let's charge people twice for the music. If they liked it enough to buy it once, they will probably be overjoyed to buy it a second time."

"People will love us!"

Hey, on the plus side, you are allowed to burn iTunes songs onto an unlimited number of CDs. Buy the album on iTunes, burn it on to as many CDs as you need.

But, I think the first commentor summed it up best when he said, "unfuckingbelievable."

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LaurieF said:

member since 15 Jun 2001 with 3510 posts, TMO Forum Mod, send him a message or view his profile

Anonymous wrote:
As a manufacturer for Independent Record Labels I find all the talk about STEALING despicable. Steal from your own plates not mine!!!!!

I couldn't agree more. I also find it despicable. However taking music I have bought on CDs (and I have hundreds) and putting them on my iPod is not stealing. Legally (by NZ law) yes; in effect, no.

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A guest said: (hide)

One day they will take this too far and there will have to be a public outcry. Mark my words, One day we just might find ourselfs marching on washington becuase of this copyright crap.

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A guest said: (hide)

I think the prior 23 comments constitute "public outcry"!

This gets more moronic every day

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A guest said: (hide)

Copyrights aren't crap. Artists have as much of a right to make a living off their material as anyone else. I think it's completely wrong to take music without paying for it, but I DO believe that once you've paid for it, you have the right to listen to it any way you want: in your car, on your stereo, or even with your head up your ass.

But there's no denying that the RIAA are a bunch of greedy bastards. They obviously don't have a clue how to deal with the whole digital music revolution/evolution; it just seems like they're grasping at straws for how to maintain a profit margin in the new medium.

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A guest said: (hide)

Guest wrote:
This is just laughable. Should the head of the RIAA get sideswiped by a dumptruck tomorrow, it would be a good day indeed.

Why don't we just go out and shoot them all in the head? Splatter what little fucking brains they have (I know that's not a lot), all over the street and do society and music a huge favor. In the grand history of the world, if someone went and killed all the people in the RIAA, the future of mankind wouldn't be changed by one single molecule.

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LaurieF said:

member since 15 Jun 2001 with 3510 posts, TMO Forum Mod, send him a message or view his profile

You silly, silly little boy. Stupidest thing said whole thread. You know nothing about the RIAxx, or copyright, and what you say is just verbal diarrhoea.

Now contribute to the debate, or leave.

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A guest said: (hide)

Somebody peed in the swimming pool folks......either learn to like swimming in pee, or find another career. You can debate the morality of technology and song thievery all you like, but this is the reality.

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A guest said: (hide)

Bosco wrote:
Wow. Do any of you understand the legal concept of "fair use"? "Fair use" is a defense against a copyright violation complaint. not some kind of "right". If you read really carefully, you'll see that the RIAA is saying that they grant blanket privilege for people to copy disks onto their iPods, but just because they grant that privilege with current content and formats doesn't mean that they automatically grant similar privileges with all future formats and content. That basically what "all rights reserved" means.

Put another way... Copying to your hard drive or iPod is not "fair use" because you don't need it to be. You already have been granted that privilege under license. Or another way... We don't have to decide which 12 of us get to be in the life raft and which 12 will have to take our chances with the sharks BECAUSE THE BOAT IS NOT SINKING.

Unbefreakinlievable is right. I guess it's EFF pledge drive week.

Ok, so are you saying that the article is wrong, and that you WON'T have to buy your music twice (if they have their way)? Or are you saying that it's ok to pay for your music twice? What you've said does not jive with what the article said. WHAT ARE YOU SAYING?

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A guest said: (hide)

LaurieF wrote:

When the RIAA comes knocking at your door you'll get no sympathy from me.

BRING IT ON. The more they clamp down, the more money they will loose to pirating.

BTW who the F are you that anyone should care about your sympathy?

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A guest said: (hide)

LaurieF wrote:
You silly, silly little boy. Stupidest thing said whole thread. You know nothing about the RIAxx, or copyright, and what you say is just verbal diarrhoea.

Now contribute to the debate, or leave.

Sorry, but YOU don't know $#!% about copyright law, I am sorry. The moment you say RIAA is correct is the moment when you prove you have no clue about the issue. Fair use is not about licensing, it's an overarching statutory right granted on the grounds of a legitimate application of the license you get in the first place.

It's OBVIOUS that if you get a song, you ARE (or, in stupid U.S., SHOULD) entitled to use it in whatever personal device you feel like using. The content is independent from the media; so as long as you don't spread it to anyone else (although in Germany and other countries you CAN do that, to close relatives and friends) you are fine. Written law means NOTHING if it's not followed by legitimacy; what the RIAA says is simply absurd and should be countered by all means.

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A guest said: (hide)

You see, it works like this: I make an entry into my spreadsheet that X-number of CD's are expected to sell, taking into account the desktop and portable CD players that will fly off shelves once you hear the phantasmagorical hipness of our newest band, Ripoff. At the end of a week, I discover that 400,000 people have downloaded single songs from the entire album on iTunes and I'm thinking, "Ripoff is getting ripped off onto iPods!" and put Y-number of missed CD sales (where Y = 400,000) into another column. I subtract Y from X and think, "WE NEED TO PASS LAWS TO MAXIMIZE MY PROFITS!!!! SCREW TECHNOLOGICAL ADVANCE!!! LET'S GO BACK TO HI-FI'S AND NO 'AUDIO OUT' PLUGS!!!!! WE NEED TO BE SAFE FROM THIEVES!!!!"

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A guest said: (hide)

When is the RIAA going to realize that it's consumers that drive technology. Record companies don't need to control it, they need to harness it. We as consumers have created the system out of demand. We've done all the work! When I bought cd's, i made mixtapes and I gave them to everybody. That has not changed. All they should be concerned with is initial point of sale revenue, how to make their money off the top. Keep it simple, people are going to copy it to their iPods, cellphones, laptops, it doesn't matter! This will never ever change. Apple understands consumers and no one else had the guts to believe things could work differently. Now everyone's looking to them to raise prices, blah blah blah.. All is see is record companies built on lazy fat cats and outdated business plans, that have failed to adapt, and are reduced to threats through a bullshit assocation that no one cares about.

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LaurieF said:

member since 15 Jun 2001 with 3510 posts, TMO Forum Mod, send him a message or view his profile

Anonymous wrote:
Sorry, but YOU don't know $#!% about copyright law, I am sorry. The moment you say RIAA is correct is the moment when you prove you have no clue about the issue. Fair use is not about licensing, it's an overarching statutory right granted on the grounds of a legitimate application of the license you get in the first place.

First off, you're not sorry. It's a pathetic rhetorical trick which means the opposite of what it says.

Second, I don't normally respond to abuse, but I was commenting on someone who was advocating murder.

Third, I do know about copyright law. If you had read my previous comments, I made particular mention to the state of format shifting in New Zealand. The copyright law here is set up to protect the originator of the art. There is no concept in New Zealand that I know of for fair use - the law as it stands format shifting effectively precludes that.

With a bit of luck we will have that right later on this year - and there'll be little or nothing that the RIANZ can do about it.

Now, want to try again?

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rspress said:

member since 12 Nov 2002 with 28 posts, unranked, send him a message or view his profile

Soon listening to the CD you just bought will not be fair use. Royalties for music played at parties will soon be here as well. Let a friend borrow your CD....go to jail.

Maybe the RIAA should clean its own house of illegal activities like price fixing, payola and the tie in to crappy music like J-Lo, Ashlee Simpson and Mariah Carey before they claim that what we are doing is illegal!

Maybe an anti-trust suit against the RIAA is in order

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A guest said: (hide)

"Hmmm this song sounds like a driving song, I'll buy it on CD" "This song sounds great to listen to during study breaks, I'll buy it for my iPod"

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A guest said: (hide)

Straight from the RIAA website on "Ask the RIAA":

--------

What is your stand on MP3?

This is one of those urban myths like alligators in the toilet. MP3 is just a technology and the technology itself never did anything wrong! There are lots of legal MP3s from great artists on many, many online sites. The problem is that some people use MP3 to take one copy of an album and make that copy available on the Internet for hundreds of thousands of people. That's not fair. If you choose to take your own CDs and make copies for yourself on your computer or portable music player, that's great. It's your music and we want you to enjoy it at home, at work, in the car and on the jogging trail. But the fact that technology exists to enable unlimited Internet distribution of music copies doesn't make it right.

--------

Sure looks like their own website argues against this article. It says very clearly that "If you choose to take your own CDs and make copies for yourself on your computer or portable music player, that's great." ... iPod = Portable Music Player, therefore iPod = okay to put my music on. The RIAA is a bunch of idiots that has no idea what they stand for apparently.

I can guarantee that if they start saying I can't do what I choose with what I've bought and own so that I can listen to those artists how I like, I'll say screw them and stop buying any commercial music ... already the majority of the music I've purchased in the past year has been independent artists that I've heard on podcasts. The interest is created by the podcast, and I buy the CD direct from the artist. The crap the RIAA is doing is only pushing me and others like me further and further from the artists they claim to protect. I wonder if the artists realize this.

- ross in indianapolis

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A guest said: (hide)

As someone who's just starting out as a recording artist, I firmly believe that the days of the "album" are over. I'll be quite happy for people to pick and choose what tracks of mine they wish to download. It places the emphasis back on the artist to provide and make better music that people will want to listen to. Most of the majors are concerned about single track downloads because it means that they can no longer get away with making cheap albums with one or two good tracks with the rest filler by bland/crap marketing produced bands. The RIAA are so dumb, I'd never want anyone to have to pay twice for my music, once is enough to make me happy.

itchiiinstrumental

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A guest said: (hide)

Ohcrap! Does this mean that I will be sued if I get a tune in my head?

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A guest said: (hide)

THE RIAA CAN GO SCREW THEMSEVLES. HARD. I will NOT PAY TWICE for the SAME PIECE OF MUSIC. PERIOD.

The funny part? I'm a legit music buyer who does not pirate. But if the RIAA pushes this crap through, I will PIRATE, PIRATE, PIRATE 'till the COWS COME HOME. There will ALWAYS be a CRACK or some piece of software that will allow copying, no matter WHAT THE RIAA TRYS.

So go ahead and GET STUPID, RIAA , 'cause if you do, I will too. I'm sure there are many millions more like me who are thinkin' the same thing on this one.

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A guest said: (hide)

john hewitt sucks donkey dick.. much like the RIAA

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A guest said: (hide)

john hewitt sucked mark lloyds willy

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A guest said: (hide)

Guest wrote:
Straight from the RIAA website on "Ask the RIAA":

--------

What is your stand on MP3?

This is one of those urban myths like alligators in the toilet. MP3 is just a technology and the technology itself never did anything wrong! There are lots of legal MP3s from great artists on many, many online sites. The problem is that some people use MP3 to take one copy of an album and make that copy available on the Internet for hundreds of thousands of people. That's not fair. If you choose to take your own CDs and make copies for yourself on your computer or portable music player, that's great. It's your music and we want you to enjoy it at home, at work, in the car and on the jogging trail. But the fact that technology exists to enable unlimited Internet distribution of music copies doesn't make it right.

--------

Sure looks like their own website argues against this article. It says very clearly that "If you choose to take your own CDs and make copies for yourself on your computer or portable music player, that's great." ... iPod = Portable Music Player, therefore iPod = okay to put my music on. The RIAA is a bunch of idiots that has no idea what they stand for apparently.

I can guarantee that if they start saying I can't do what I choose with what I've bought and own so that I can listen to those artists how I like, I'll say screw them and stop buying any commercial music ... already the majority of the music I've purchased in the past year has been independent artists that I've heard on podcasts. The interest is created by the podcast, and I buy the CD direct from the artist. The crap the RIAA is doing is only pushing me and others like me further and further from the artists they claim to protect. I wonder if the artists realize this.

- ross in indianapolis

Good post, if thats the case.. worry ye' not.

Keep putting songs on the iPod until the FBI show up, thats my plan

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A guest said: (hide)

[unsolicited spam deleted by Intruder]

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A guest said: (hide)

Most artists/labels the RIAA represents now are not worth purchasing ONCE, much less twice.

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A guest said: (hide)

Guest wrote:
Most artists/labels the RIAA represents now are not worth purchasing ONCE, much less twice.

Amen. The major labels have really let quality go to hell in favor of the crappy 'Britney Spears of the Moment' type acts, which never last.

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LaurieF said:

member since 15 Jun 2001 with 3510 posts, TMO Forum Mod, send him a message or view his profile

You're confusing quantity with quality. Remember (alleged) Sturgeon's Revelation:

Quote:
90% of science fiction is crud. In fact 90% of everything is crud.

So buy the other 10%.

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Bosco said:

member since 03 Jun 2002 with 999 posts, unranked, send him a message or view his profile

A guest asked above if I thought the article was wrong. Given that the article quoted an EFF press release, the article is suspect. My apologies to Bryan, who I know from way back is an honest journalist. But no apologies to the EFF, who are one and all the most dishonest creeps I've ever run into. If they were honest, they'd just call themselves big-C Communists and be the information SIG of the party. But they are dishonest, and resort to fear mongering like in the press release Bryan quoted even when the RIAA web site explicitly contradicts their claim!

How can I sum up the RIAA?

(1) They don't want people sharing with 100,000 of their closest friends, and will sue those who are doing it. By contrast, they aren't suing people who just "download" and aren't suing people who privately share with a few friends, even though both are against the law and the music license too.

(2) They don't want businesses playing music in public spaces without appropriate licenses. They occasionally show up at venues that don't have public space music licenses and make the point with a lawsuit that licenses are required (and easy to obtain!).

That's the RIAA in a nutshell. if you read that and understand it, and still think they are evil bastards, then I wonder what you have to hide or would like to steal. Their position is eminently reasonable. They have not lobbied for mandatory copy protection measures in law, etc. as the MPAA has. Nor have they lobbied for silly socialist remedies like taxes on media and devices that could be used for music copying. Nor have they lobbied for bandwidth taxes to compensate artists for piracy, as one organization has. Any guess what organization promotes that remedy. Hint: The Infocommies at the EFF. That's who.

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A guest said: (hide)

Sadly, the record labels & RIAA really ARE incredibly short-sighted, highly stupid and if not evil, certainly doing a rather good imitation.

Does anyone remember the anti-copy 'notch' they wanted to put into music at around 4 KHz? Totally audible, vastly degraded music quality, but they thought it was a good idea because they thought they stood to make a few more bucks by using it (which is laughable, since lots of customers would've stopped buying the now-totally-hosed music). Thank god it got shouted down. If it weren't so tragic, it'd be almost funny how short-sighted the record companies are:

Quote:
Remember, these were the same guys that wanted to notch out part of the music on CDs so that new cassette recorders with notch detectors could not copy them. They said the notch filters didn't touch the music and nobody could hear the difference. Recording artists yelled at the record companies and The National Bureau of Standards said that it altered the music so much that "Anybody could hear the difference". The record companies gave up.

http://www.rogernichols.com/EQ/EQ_91-06.html

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A guest said: (hide)

LaurieF wrote:
You're confusing quantity with quality. Remember (alleged) Sturgeon's Revelation:
Quote:
90% of science fiction is crud. In fact 90% of everything is crud.

So buy the other 10%.

I think 10% is being kind.

And yeah, I do buy the good music, and will continue to do so... UNLESS the RIAA gets their way and tries to get me to pay for having the SAME TRACK on my computer, iPod, car CD player, home CD player, etc. etc.

If they get their way, I'll just pirate, pirate, pirate 'til the cows come home, because I'm simply NOT going to pay multiple times for the same song. I'm sure I'm far from alone in this.

Nice job RIAA, seems like you're tryin' really hard to convert me from being a legitimate music buyer (which I am today) into a pirate. What do you do for an encore, gargle peanut butter?

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