February 21, 2006

RIAA at it again I see

Writing about web page http://www.macworld.co.uk/news/index.cfm?home&NewsID=13879

Came across this article a short while ago. To be honest it made me want to shove a CD up the RIAA's collective ass.

So they are looking to erode the "fair use" policies in the US by hiding behind their DMCA tat. I guess it won't be long before they start to have a pop at legislation here in the UK that has provided "fair use" of copyright works for many many years. Sigh.

If the RIAA think that they are going to get me to cough up money for every format I intend to use the music on then they are bigger fools than their previous law-suits had hinted at. If anything actions like this only push otherwise law-abiding people to download music illegally. I mean if its going to be illegal to 'rip' a CD you already own to another format for use on portable devices then you may as well obtain the music illegally in the first place.

I am not going to pay for a (in most cases) lower quality DRM encumbered music file from places like iTunes if I already own a CD copy.

No way.
Shove it.

They ruined the music industry by failing to adapt to digital formats quickly enough and instead tried to stifle them – well guess what the genie is going to be impossible to get back into his bottle.

EDIT: To make it clearer this is not just their intention, they have started the ball rolling already by stating these aims in the DMCA's review of exemptions and provisions. Here are the worst snippets from the submitted article [pdf]

The submission asserts in its third example, “device and format shifting,” that such activities “are unquestionably fair uses” of lawfully purchased CDs, (C6 at 8); but among those questioning this conclusion is the Register, who noted in 2003 that “proponents have not established that space-shifting or platform-shifting is a noninfringing use.”46 2003 Rec. at 139.
Similarly, creating a back-up copy of a music CD is not a non-infringing use, for reasons similar to those the Register canvassed in detail in her 2003 determination that back-up copying of DVDs cannot be treated as noninfringing.47 2003 Rec. at 102–08. While we recognize that access controls may in some circumstances affect copying, the fact remains that there is no general exception to the reproduction right to allow back-up copying (except the limited exception in § 117 for computer programs)48 and thus no justification for allowing circumvention of access controls for this purpose.
DVDs remain an incredibly popular medium that consumers are choosing over VHS copies, which indicates that the majority of consumers are not encountering significant problems with damaged DVDs. In addition, the price of DVDs has declined, making it even more affordable for consumers to replace damaged copies of DVDs.

So basically they want cd 'ripping' gone and consider backup copies illegal. Thanks RIAA.

It seems now they realise the internet is here to stay and download services like Apple's are becoming hugely popular they are changing tack. Forget trying to stop downloads – their now saying "lets force people to download, lets force the format change on our terms". Which is much worse.


- 3 comments by 2 or more people Not publicly viewable

  1. Are they pointing this out just as a point of fact, or are they actually planning legal procedings based on it? Surely the fact that iTunes has a "import tracks from CD" function, closely followed by them being automatically updated onto your iPod would give all us evil law-flouting iPod users a case for entrapment?

    21 Feb 2006, 11:27

  2. Leigh Robinson

    Paul please see my edits above.

    I can see a future where "import tracks from CD" functions are not in any media players – they will force you to use a download service to populate any devices with, simple. I guess we all wanted the RIAA to 'get behind' the internet; well our wish is granted – except maybe we should have thought about what we wished for as now it seems they are positioning themselves to close down CD's as a viable future format. Assuming of course that we will swallow it and start to use their new online services to repurchase our music collections, it sounds ridiculous but I bet a lot of people in the 40–50's age group have bought albums on CD that they already owned on cassette, vinyl, 8-track, etc… – the only difference this time of course is that its easy to digitise media so there are no reasons for people 'upgrade' we just create the new format from the old.

    22 Feb 2006, 01:49

  3. I think going after people copying cds onto iPods will be a step too far for the RIAA… I can't see a way that they could police it, with the millions of people that would be "guilty". They might decide to give an amnesty, where anything copied before a certain date is ok, but after that you have to stop, but I still don't see what it would achieve. If anything, it'll just lead to in increase in Apple's profits because people will be forced to buy from itunes instead of getting cds, and anyone that wants decent quality sound will have to invest in one of those ipod speaker docks.

    I think it's ridiculous for them to tighten the limits of acceptable use, when they're not even close to getting to grips with music piracy as it is. This seems to me like getting a few innocent end consumers out of spite rather than going to all the trouble of tackling real pirates.

    22 Feb 2006, 10:56


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