Lawyer: Ripping MP3s Illegal, Grounds for Lawsuit

[morosco]

Posted: 1/2/08 at 4:23pm

...at least one lawyer for the Recording Industry Association of America...considers the copying of songs from your own CDs to your own computer, for your own personal use, to be just as illegal as posting them online for all to share, according to a federal lawsuit filed in Arizona.


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[YouWantitWhen????]

Posted: 1/2/08 at 4:26pm

This is a bone of contention - and is a very aggressive position by the RIAA. There is gray area in the law, and the thought was that personal use is OK. The video recording rulings would seem to indicate that this is not a strong argument. But, the RIAA is in a box. There is too much illegal file sharing, but by pushing this so far, they may end up alienating artists and consumers alike.

[morosco]

Posted: 1/2/08 at 4:28pm

If this is upheld by the court I will never EVER purchase another CD.

[YouWantitWhen????]

Posted: 1/2/08 at 4:34pm

I honestly don't think it will. It is a stretch. The VHS rulings permitted you to copy broadcast shows for personal use. I don't see how that could be overturned.

But, I agree with you, if this argument is upheld, it would destroy CD sales - and I wonder whether they could make it apply retroactively - since many people bought them with the express understanding that you could copy them onto your ipods.

I only by CDs because I want the art work and inserts.

[pab]

Posted: 1/2/08 at 4:35pm

That is such crap. If I LEGALLY purchase a CD I should be able to determine how I would like to listen to it. If I want to play it through iTunes by ripping it into .mp3 files or AAC files then that should be my business. It's MY CD!

[YouWantitWhen????]

Posted: 1/2/08 at 4:36pm

Pab, this will backfire on the music industry.

I cannot believe that a court would uphold this position.

[Craig]

Posted: 1/2/08 at 4:41pm

Next will be people that print out websites to read on the train being hauled in for breaking the law.

If upheld (and it would be hard to monitor anyway) - it would be either the death of portable music or a major online battle between itunes and other music providers in the e-commerce sector.

It's interesting because just today I saw an article on yahoo news which stated that CDs are pretty much going the way of the dinosaur within a year or two because of the popularity of online music. The article said that tv and movies would take a lot longer - but that cd's will be the first to go - and "soon"

So maybe this is all moot.

[morosco]

Posted: 1/2/08 at 4:50pm

So maybe this is all moot.

Perhaps. But as I understand you would not be able to have a recording on your computer AND your MP3 player. It would have to be one or the other and not both.
Updated On: 1/2/08 at 04:50 PM

[Unknown User]

Posted: 1/2/08 at 4:58pm

i cant wait for Besty to weigh in on this.

[tazber]

Posted: 1/2/08 at 5:03pm

I would think this would hasten the end of the physical cd.

The whole thing is preposterous.

[PalJoey]

Posted: 1/2/08 at 5:10pm

Craig--I've already started watching TV programs and movies on my Archos 605 Wifi Potable Video. It's easy and I love it.

If the screen on the iPhone were a little bigger, people would start watching TV and movies on their iPhones. It's just a matter of time.

[mominator]

Posted: 1/2/08 at 6:20pm

I think this is just yet another redonkulous law suit.

[winston89]

Posted: 1/2/08 at 6:28pm

This is just going to get people to do more illeagle downloading.

Only because the RIAA gets money if people eiather buy music off of someplace like Itunes or actually go to the store and by a CD.

They are getting the money eiather way. If you buy a CD from a store they are still getting money regardless of what you do wiht it after you buy it.

That is why the article is just flat out stupid.

It is saying that you can buy the CDs but not make them portable by putting them on your Ipod ect. Then the qustion is why continue to have CDs. Just make everything digital.

[Liverpool]

Posted: 1/3/08 at 1:37am

This is clearly an attempt by the recording industry to make the Compact Disc obsolete, but its a really terrible idea, and will jsut make the RIAA look even more ridiculous than they already do.

[pab]

Posted: 1/3/08 at 9:41am

"If the screen on the iPhone were a little bigger, people would start watching TV and movies on their iPhones. It's just a matter of time."

That time is already here. I know many people (include myself) who watch TV shows and movies on their iPhones.

[morosco]

Posted: 1/3/08 at 9:52am

Yes. The end of the compact disc is very near. But that's beside the point.

If this lawsuit is upheld individuals will only be allowed to have one file of the recording that was purchased. You will not be able to have the original on your home computer AND a copy on your MP3 player at the same time. That would be illegal.

[PalJoey]

Posted: 1/3/08 at 10:00am

That time is already here. I know many people (include myself) who watch TV shows and movies on their iPhones.

It's fun, isn't it? I sit on the crosstown bus and watch Broadway videos I downloaded from YouTube and wonder if the lady next to me is the Equity monitor.

[SonofMammaMiaSam]

Posted: 1/3/08 at 10:11am

But, the reality is that most of America DOES NOT own a computer, an IPOD, MP3 or iPhone.

[best12bars]

Posted: 1/3/08 at 10:16am

This would never hold up in a court of law. People have a legal right to make an archival copy of the CDs/data they purchase, as long as they own the original. They would have to rewrite current copyright laws in order to put this into effect.

Even if they did rewrite the current law, they would never be able to police it. My guess is that they would only go after targeted people whom they suspect of large-quantity illegal downloads. Since it would involve search warrants and seizing computer hard drives, etc. And "while they were in the neighborhood" they would call into question the CD file copies.

But to your "average citizen," they're not going to barge into your home randomly and seize your computer to see if you've made copies of your own CDs for private use. Unless they want a nice counter-suit for invasion of privacy.

[Craww]

Posted: 1/3/08 at 10:41am

Some possible clarification on the RIAA's specific intent.

[Craig]

Posted: 1/3/08 at 10:42am

Even then it's hard to police, Best.

Is it illegal to buy a CD and loan it to a friend to listen to?

If possession of the physical CD can be "transferred" - why should an owner not be able to transfer an mp3. And by transferring I don't mean copying a cd or mp3 for a friend, but maintaining ownsership of both.

Again - as Best said - this law will be "on the books" - but only as an additional "charge." IE - if you're already suspect or have your computer siezed for other reason.

It's like getting Al Capone on tax evasion. If you get caught and have to pay fines for ripping MP3s - it will be because you've done something much bigger they've nabbed you on.

Before the seatbelt laws were fully on the books, you couldn't be pulled over JUST for that.

[best12bars]

Posted: 1/3/08 at 10:49am

Craww--Thanks for posting that clarification. As I suspected.

[morosco]

Posted: 1/3/08 at 10:51am

The media is making this issue more and more confusing. I don't know what to believe.
Washington Post sticks by RIAA story despite evidence it goofed

[morosco]

Posted: 1/3/08 at 10:53am

Washington Post Flubs Story On RIAA -- RIAA Still Not Going After Personal Copies (Yet)

[shira467]

Posted: 1/3/08 at 2:34pm

I'm just trying to comprehend all this stuff. What about all the CD's that are not available to download legally? Would I have to repurchase everything I already own?

Ugh!