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February 21, 2006
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.
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.