OT--RIAA Claims Ripping CDs for Personal Use is Illegal

[mikemarrs]

Just as it seemed as though the record industry was starting to figure this whole thing out, here it goes and does something that makes us at the Switched offices shake our heads. The RIAA has filed a brief in an Arizona U.S. District Court against Jeffrey and Pamela Howell, an average Joe and Jane couple who have ripped their CD collection to MP3s for easy sharing throughout their home and -- presumably -- iPods. The brief claims that ripping CDs to MP3s is a violation of copyright laws and the fair use doctrine.

The audacity of the RIAA's claim wouldn't be too surprising, given its penchant for overzealous attacks of digital media, if it weren't in direct contradiction of arguments made by RIAA lawyers in a case filed in 2005. In the case, MGM Vs. Grokster, representation from the RIAA explicitly said that making digital copies of music for personal use was protected.

Atlantic Vs. Howell is scheduled to have its first hearing on January 24. Here's hoping that this case gets tossed out, because if the courts find in favor of Atlantic, it will place all of us with digital audio devices on the RIAA's hit list.

[Addendum: Looks like the RIAA has also included language about the fact that the Howells put their files on file sharing networks, which could give the RIAA a leg to stand on here. That said, this case remains interesting due to the language the RIAA is including regarding one's rights to rip his own CDs.]

[bluejeangirl76]

Atlantic Vs. Howell is scheduled to have its first hearing on January 24. Here's hoping that this case gets tossed out, because if the courts find in favor of Atlantic, it will place all of us with digital audio devices on the RIAA's hit list.

Great, I'm running my iTunes program on my PC right now, so I'm in violation of this as type. If the court finds any validity in this, there's going to be a mega-uproar with all the companies that manufacture mp3 players of any kind.

[AR]

Just as it seemed as though the record industry was starting to figure this whole thing out, here it goes and does something that makes us at the Switched offices shake our heads. The RIAA has filed a brief in an Arizona U.S. District Court against Jeffrey and Pamela Howell, an average Joe and Jane couple who have ripped their CD collection to MP3s for easy sharing throughout their home and -- presumably -- iPods. The brief claims that ripping CDs to MP3s is a violation of copyright laws and the fair use doctrine.

The audacity of the RIAA's claim wouldn't be too surprising, given its penchant for overzealous attacks of digital media, if it weren't in direct contradiction of arguments made by RIAA lawyers in a case filed in 2005. In the case, MGM Vs. Grokster, representation from the RIAA explicitly said that making digital copies of music for personal use was protected.

Atlantic Vs. Howell is scheduled to have its first hearing on January 24. Here's hoping that this case gets tossed out, because if the courts find in favor of Atlantic, it will place all of us with digital audio devices on the RIAA's hit list.

[Addendum: Looks like the RIAA has also included language about the fact that the Howells put their files on file sharing networks, which could give the RIAA a leg to stand on here. That said, this case remains interesting due to the language the RIAA is including regarding one's rights to rip his own CDs.]

You know for as much as the RIAA cries about this stuff, it's not like we all didn't used to record albums onto blank cassettes and share them with friends.

These fuckers should look in the mirror if they want to see why the music business is in the smelly shitter.

[bluejeangirl76]

You know for as much as the RIAA cries about this stuff, it's not like we all didn't used to record albums onto blank cassettes and share them with friends.

Yeah no shit. The only difference now is that we can duplicate music faster and we don't have to sit all the way through the whole damn album (or tape) while it records, or walk away and hope you remember to come back and check on the tape before the 45 minutes of side A runs out.

Almost everyone I know, if they keep CDs in their car, keep CD-R copies so as not to have to leave the originals in the car. Come on, these fuckers got me to re-buy everything once already by re-issuing all of it, I'm not going to do it again in the event something is stolen out of my car. To hell with that. That happened to a friend of mine and he lost over 50 CDs. I also knew someone who lost their CD case with almost 100 CDs in it (some of which were MINE).

[fightingilliniJRNY]

Almost everyone I know, if they keep CDs in their car, keep CD-R copies so as not to have to leave the originals in the car.

That's exactly why I copy my CDs. Hell, I bought them...I should be able to do what I want with them.

[Andrew]

The RIAA will disappear with the major labels soon enough.

This justin - fans thinks RIAA is NUTS!

[Perrydise]

Almost everyone I know, if they keep CDs in their car, keep CD-R copies so as not to have to leave the originals in the car.

That's exactly why I copy my CDs. Hell, I bought them...I should be able to do what I want with them.

Exactly. Once the money has left my pocket for that CD it belongs to me.

[Ms_M]

The RIAA will disappear with the major labels soon enough.

This justin - fans thinks RIAA is NUTS!

Well said!!

[Soto All The Way]

Just as it seemed as though the record industry was starting to figure this whole thing out, here it goes and does something that makes us at the Switched offices shake our heads. The RIAA has filed a brief in an Arizona U.S. District Court against Jeffrey and Pamela Howell, an average Joe and Jane couple who have ripped their CD collection to MP3s for easy sharing throughout their home and -- presumably -- iPods. The brief claims that ripping CDs to MP3s is a violation of copyright laws and the fair use doctrine.

The audacity of the RIAA's claim wouldn't be too surprising, given its penchant for overzealous attacks of digital media, if it weren't in direct contradiction of arguments made by RIAA lawyers in a case filed in 2005. In the case, MGM Vs. Grokster, representation from the RIAA explicitly said that making digital copies of music for personal use was protected.

Atlantic Vs. Howell is scheduled to have its first hearing on January 24. Here's hoping that this case gets tossed out, because if the courts find in favor of Atlantic, it will place all of us with digital audio devices on the RIAA's hit list.

[Addendum: Looks like the RIAA has also included language about the fact that the Howells put their files on file sharing networks, which could give the RIAA a leg to stand on here. That said, this case remains interesting due to the language the RIAA is including regarding one's rights to rip his own CDs.]

Fuck them.....I'm going to go burn like 100 CD's just to do it!!!!! Fuck em all....All they have done for 10 years is cry!!!

e-

[Greg]

Like what Andrew said, the RIAA will disappear soon enough. This is a company that is desperate to hold onto something in the music biz in order to stay afloat. Think of the RIAA as a wounded animal who's trying to drag itself to it's last dinner.

[conversationpc]

The RIAA are a bunch of raging morons. I've got probably near 5000 MP3s that I've ripped from my CDs and stored on my hard drive. I rarely listen to music straight from the CD anymore.

[Rick]

The RIAA are a bunch of raging morons. I've got probably near 5000 MP3s that I've ripped from my CDs and stored on my hard drive. I rarely listen to music straight from the CD anymore.

I agree totally Dave. Why they care is beyond me. It's your copy of the music, you should be able to do with it as you wish. All they should care about is if you are duplicating it for others. But most of us would still be guilty.

[mikemarrs]

same here.i've bought this on album,then cassette,then compact disc.some things i know a few here have bought at least two or three times in different format.there are probably at least ten or fifteen people maybe more on this site alone who have bought escape on album,cassette and then on a CD.i know i have and that isn't including other groups through the years.the RIAA has freaking got a karma wake up call.they have ripped fans a new asshole for years and now fans are doing the ripping back,lol.

[NealIsGod]

The RIAA are a bunch of raging morons. I've got probably near 5000 MP3s that I've ripped from my CDs and stored on my hard drive. I rarely listen to music straight from the CD anymore.

You have the right to remain silent. Anything you say can and will be used against you in a court of law...

[Escape Artist]

RIAA Claims Ripping CDs for Personal Use is Illegal

So is putting an ice cream cone in your pocket in one state... not that anyone would enforce it.

Yes, it IS a law I'm not kidding!