[SATLUG] Man arrested for copying his own CD's

Alan Lesmerises alesmerises at satx.rr.com
Fri Jan 4 19:49:57 CST 2008

I had read that one of the RIAA attorneys or executives said during a 
deposition (or maybe it was in an actual trial) that they considered 
someone who ripped a song from their own CD onto their own hard drive 
for their own use as "stealing a song", even though that would clearly 
fall under the auspices of fair use.

So even though the Post story may be technically incorrect about this 
specific case, it does seem to reflect the general attitude that the 
RIAA has towards people ripping MP3s off their own CDs.  I just see it 
as today's equivalent of recording an LP onto a cassette so you could 
listen to it on your walkman or in your car.  The only difference is 
that the technology & the medium has changed.

Borries Demeler wrote:
> There was an interesting discussion of exactly this topic on NPR's 
> 'Talk of the Nation' yesterday - here is the link:
> http://www.npr.org/templates/story/story.php?storyId=17814972
> Abstract:
> Talk of the Nation, January 3, 2008 -  A recent article in the Washington
> Post claims that the Recording Industry Association of America (RIAA)
> views copying a legally purchased CD onto a computer or an MP3 player
> as unauthorized, and potentially subject to a lawsuit. The RIAA contends
> that the Washington Post story is false.
> Guests:
> Marc Fisher, columnist for the The Washington Post
> Cary Sherman, president of the Recording Industry Association of America (RIAA)
> This segment echoes what Mark says below about misinterpretation by the media.
> -borries
>> The media has misinterpreted the case.  The issue is not that he
>> ripped a legally purchased CD (which is still legal under the
>> "archival" part of copyright law, no matter what the RIAA says), the
>> issue is that he put those ripped songs into a directory that was also
>> used by a P2P app.  Since the P2P app "served" the songs out without
>> his knowledge, he is still technically guilty of illegal file-sharing.
>> The (MP|RI)AA really loves P2P because it is so easy to go after
>> everyone who downloads a song/movie, since because of the way P2P
>> works, a downloader is also an uploader!
>> I try to only use media that I ripped myself, and don't have anything
>> to do with music sharing.
>> -- 
>> Mark McCoy
>>   - US Army Veteran
>>   - Professional Unix Geek
>> Here in America we are descended in blood and in spirit from
>> revolutionists and rebels - men and women who dared to dissent from
>> accepted doctrine. As their heirs, may we never confuse honest dissent
>> with disloyal subversion. -- Dwight D. Eisenhower
>> -- 
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