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

Brian Lewis astro at astr0.org
Fri Jan 4 20:13:16 CST 2008

Actually, "fair use" hasn't been determined by a court yet, so we can  
only speculate as to what fair use is.

Sent from my iPhone

On Jan 4, 2008, at 7:49 PM, Alan Lesmerises <alesmerises at satx.rr.com>  

> 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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> -- 
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