timesjoke Posted January 2, 2008 Posted January 2, 2008 If you do, you may want to read this: You, too, could be sued for thousands of dollars by the major record companies ? even if you've never once illegally downloaded music. That's because at least one lawyer for the Recording Industry Association of America, the Big Four record companies' lobbying arm and primary legal weapon, 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. Jeffrey Howell of Scottsdale stands accused of placing 54 music files in a specific "shared" directory on his personal computer that all users of KaZaA and other "peer-to-peer" software could access ? pretty standard grounds for an RIAA lawsuit. However, on page 15 of a supplemental brief responding to the judge's technical questions about the case, the RIAA's Phoenix lawyer, Ira M. Schwartz, states that the defendant is also liable simply for the act of creating "unauthorized copies" ? by ripping songs from CDs. Schwartz is a partner in DeConcini McDonald Yetwin & Lacy, the family firm of former Sen. Dennis DeConcini, R-Ariz. "It is undisputed that Defendant possessed unauthorized copies of Plaintiffs' copyrighted sound recordings on his computer," the brief states. "Virtually all of the sound recordings on Exhibit B are in the '.mp3' format. ... Defendant admitted that he converted these sound recordings from their original format to the .mp3 format for his and his wife's use. ... 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 couldn't believe it when I read that," New York lawyer Ray Beckerman told the Washington Post. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation." In other words, according to Schwartz's logic, every single person who's ever "ripped" a CD for portable listening on an iPod or other MP3 player could be liable for astronomical damages. Apple itself estimated earlier this year that only 4 percent of music on iPods worldwide had been purchased through iTunes, implying that most of the rest had been ripped from CDs. In October, Jammie Thomas, a Minnesota single mother, was ordered to pay the record companies $220,000, or $9,250 for each of 24 songs a jury found she'd shared online. The RIAA's own Web site is more conciliatory, but implies that the organization reserves the right to go after music "rippers" should it change its mind. "If you make unauthorized copies of copyrighted music recordings ... you could be held legally liable for thousands of dollars in damages," it plainly states before adding that "transferring a copy onto your computer hard drive or your portable music player won't usually raise concerns so long as the copy is made from an authorized original CD that you legitimately own [or] the copy is just for your personal use." However, Schwartz isn't the only RIAA bigwig who's recently implied that those concerns may be raised more often. Copying a song you've paid for in CD form is "a nice way of saying 'steals just one copy,'" Sony BMG top lawyer Jennifer Pariser testified during cross-examination in the Jammie Thomas case in early October. FOXNews.com - Lawyer: Ripping MP3s Illegal, Grounds for Lawsuit - Science News | Science & Technology | Technology News I don't know about you guys, but to me this is sounding like they are going off the deep end. I can partly understand going after someone who steals music, but to go after them because they took songs they paid for and made them function on their Ipod, that is crazy, what is next? Quote
DaMan Posted January 2, 2008 Posted January 2, 2008 All my cd's go to mp3 as soon as I buy them. Been doing it for a while. I guess I'm in trouble. Quote
snafu Posted January 2, 2008 Posted January 2, 2008 That's total bull . There should be public out cry on this for sure. It seems they want you to buy the same song for each type of media you happen to listen to it on. So if I have a CD player in my car I have to buy it again for my mp3 player? Quote "You can't stop insane people from doing insane things by passing insane laws. That's just insane!" Penn & Teller NEVER FORGOTTEN
timesjoke Posted January 2, 2008 Author Posted January 2, 2008 Don't the mess created by Sony with their rootkit fiasco, installing copyright software on people's computers without disclosing it. Let's not forget the little gem spouted by Jamie Kellner, in 2002 (he used to be the ceo of turner Broadcasting): Any time you skip a commercial ... you're actually stealing the programming He was talking about people who use video recorders to watch television shows later and how they tend to skip the commercials. On the heels of that point of view, Phillips designs a television that disables the ability to change channels or change how loud it is when a commercial is playing, imagine that. I am starting to get the feeling that these entertainment companies see us all as mindless cows, and treating us that way too by taking us to slaughter when we dare to not follow the path they are setting for us like in this story. Quote
Feckless Wench Posted January 2, 2008 Posted January 2, 2008 If the companies were not so greedy and charging such exorbitant prices for the music in the first place then there would not be such a problem, I think they need to look to themselves for what has caused all of the illegal downloading etc. As for whether I make copies of my CDs, of course I do. Hot Car + CD in the summer always wrecks the CD, why should I pay twice for the same thing? Idiots! Quote Dementia is just a state of mind.
hugo Posted January 3, 2008 Posted January 3, 2008 Just because violating copyright laws is easy does not make it right. Quote The power to do good is also the power to do harm. - Milton Friedman "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." - James Madison
snafu Posted January 3, 2008 Posted January 3, 2008 Just because violating copyright laws is easy does not make it right. It's a bad law. I bought the CD. I didn't borrow it. I didn't steal it. I should be able to do what I like with it. Quote "You can't stop insane people from doing insane things by passing insane laws. That's just insane!" Penn & Teller NEVER FORGOTTEN
snafu Posted January 3, 2008 Posted January 3, 2008 That's like making a law that says if I buy a steak I can't make hambuger out of it. Quote "You can't stop insane people from doing insane things by passing insane laws. That's just insane!" Penn & Teller NEVER FORGOTTEN
wez Posted January 3, 2008 Posted January 3, 2008 There's something wrong in this world when it's illegal and undesirable to share.. F ck money.. Let em go work their asses off like everyone else and tour live to make money. Ans since at present it seems there is no way to police the music industry unless the artist themselves do it, like Prince. What a moron. Seems they aint got much choice. I don't think fining some average stiff who makes $10 an hour, $500,000 will save their past business orgy... Hahahaha I don't make mp3's.. I have all the cd's I bought burned to my hard drive. I have burned discs of various songs to listen to in the car and wherever. I'm sure I'm looking at 30 years and/or a $2,000,000 dollar fine. I even borrowed and downloaded a few cd's of my cousins.. I'm like freakin Jesse James. Quote
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