The RIAA syas ripping music for iPods is not fair use ..

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f.sciarrillo
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The RIAA syas ripping music for iPods is not fair use ..

Post by f.sciarrillo »

Yet another reason to add these money grubbing idiots to the troll list.
Ripping music from CDs and transferring it to an iPod does not constitute fair use, according to a document filed by the major record companies.

In a filing to the US Copyright Office, the Recording Industry Association of America (RIAA) attempts to undo a statement it made in court during the recent successful prosecution of the Grokster p2p company.

In court RIAA lawyer Don Verrilli said: 'The record companies have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod.'

However in the Copyright Office filing the RIAA takes a contrary view.

'Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization,' it argues. 'In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorisation, not about fair use.'

In other words, explained Fred von Lohmann, senior staff attorney for the EFF, a leading digital rights campaign organisation, if you want to copy a CD to your iPod, get permission first.

'If I understand what the RIAA is saying, "perfectly lawful" means "lawful until we change our mind", he
wrote in the EFF blog. 'So your ability to continue to make copies of your own CDs on your own iPod is entirely a matter of their sufferance. What about all the indie label CDs? Do you have to ask each of them for permission before ripping your CDs? And what about all the major label artists who control their own copyrights? Do we all need to ask them, as well?'

The RIAA filing will help to determine what are considered 'non-infringing' activities under the US Digital Millennium Copyright Act (DMCA). The law requires the US Copyright Office to set exemptions to the DMCA's stipulation that makes it illegal to circumvent digital rights management (DRM) anti-copying technologies.

In addition to attempting to have CD copying to iPods outlawed, the RIAA also believes that making a back-up is outside the realms of fair usage.

'Similarly, creating a back-up copy of a music CD is not a non-infringing use,' it stated, adding that, 'the fact remains that there is no general exception to allow back-up copying and thus no justification for allowing circumvention of access controls for this purpose.'

The EFF has declined to submit evidence this year, having done so in the previous two, because it believes 'the rule making process is simply too broken' and that consumers are simply being ignored.

'Where consumers are concerned, the Copyright Office discounts their concerns as "mere inconveniences", Lohmann explained. 'Copy-protected CDs are no problem because you can play them on CD players, even if they won't work in your computer. Where the copyright industries are concerned, in contrast, the Copyright Office presumes that DRM is the only thing that stands between them and financial ruin.'
Comments ?? I have one - THE RIAA SUX !

It's kinda funny though. One of my college professors is a member of the riaa. I got into a discussion with him about the way they are doing things. He agrees that they are only in it for the money lol .. Now isn't that bad ??
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Post by Punkinhead »

First things first:

Fuck the RIAA. This argument is useless unless they have a viable way to track every song on every iPod back to when it was uploaded and from where (note: unless they want to put an end to the iPod or something).

Secondly:

Like all things in life they will push until they exceed their use/sanity and end up being as useless as tits on a boar.

And third:

I paid $350 for my iPod and I have over 1,000 cds at $10 - $20 a pop. If I feel like putting the songs on my iPod I am going to. That's enough money spent.
If youth knew; if age could.
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esa
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Post by esa »

Kinda funny anymore.
We can't smoke everywhere anymore because it causes cancer, but we can chew gum with Phenalphaline (sp?) in it.
We can't play in bars anymore because of levels of noise, but baseball stadium noise should be accepted.
We can't have 2 beers and drive anymore because we're legally intoxicated, but we'll buy our kids cars at 16 because all their friends are getting them.
We can't buy explicit lyrical content music at Wal*Mart, but I can turn on the radio and hear Ass, Shit, Bitch, etc when I know kids are on the bus or home from school.
We can't have adult movies on tv anymore without seeing warning ratings out the wazoo telling you you're a bad parent if you let your kid watch hbo.
And God forbid you do anything with the music you purchase or the movies you bought to make copies of them for yourselves...that was okay back in VCR days, but not anymore.
I think it's getting to the point where society is saying we should all stay home and masturbate in our rooms. At least that's still legal....well, unless you have illegally copied pornos....
~*~Esa~*~
I'll be the one left standing behind you, looking the other way as you glance back at what you've lost.
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Post by YankeeRose »

Personally, I'd love to not have to breathe in the smoke of umpteen cigarettes, ever again, but the majority of people in bars smoke, so whaddya gonna do? I know quite a few who don't smoke cigarettes, but they like beans!!! :D
...and not so fast Miss Esa...according to "them", the only reason to have sex is for procreation, didn't you know that? According to "them", Masturbation is "evil", will only lead to relationships outside of the "holy bonds" of matrimony (:roll: I should BE so lucky! :lol:), SEXUAL relatonships, and most of us know how "evil" those are, don't we?!
I don't foresee myself ever getting married again, so according to "them", I should never have another orgasm! :shock: As one of my favorite sayings go, they can kiss my sweet white ass!!!




I see nothing wrong with labels alerting parents to the explicit content of Music, movies and games, but don't get me started on blatant censorship and attempts to control our every thought and action. I'd say trying to control our actions are what RIAA falls under. Of COURSE it's all about M O N E Y too, the almighty dollar, the major recording labels just don't have enough. :evil:




I don't even know what an IPod is for or does, but I suppose that if instead of hooking up my portable CD Player crap in my car, I record a CD to a cassette, according to them THAT would be wrong - ILLEGAL - too? WTF! RIAA can BITE ME!!!
bfoust
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Post by bfoust »

Buy one of these and put it on your back windshield!

http://www.thinkgeek.com/homeoffice/stickers/310a/

And while you're at it:

http://www.thinkgeek.com/homeoffice/stickers/31be/

I have both, but haven't put them anywhere yet, I may put them on my laptop, but I don't want to sticker up my alienware goddess.
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Post by Bud »

It would appear that the RIAA is attempting to circumvent the AHRA of 1992.
http://www.virtualrecordings.com/ahra.htm
http://ecf-guest.mit.edu/~jc/ideas/Audi ... ngAct.html

And this article goes on further to explain how the AHRA was bypassed by later legislation, yet the royalties payed by manufacturers to the music industry mandated undeer the AHRA are still being collected..
http://www.answers.com/topic/audio-home-recording-act
http://www.theundergroundtv.com
Unsigned Music Television
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ChaosRisingRice
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Post by ChaosRisingRice »

FUCK RIAA

no more needs to be said
f.sciarrillo
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Post by f.sciarrillo »

I don't care what the RIAA says. I will keep my Ipod feed, whether they like it or not. I will also keep downloading and not wasting my money, whether they like it or not. Maybe if they would come out with some music that is actually worth spending; I would buy a cd. Till then, I will be downloading them on a permanent trial bases .. The less money I give them losers the happier I am am ...
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Post by songsmith »

Back when people played vinyl, they had cool-ass album art, big insert sleeves and dust jackets, and artists were developed over time. Then they went to CD's, claiming better sound (not necessarily true, better dynamic range at first, but everybody makes EVERYTHING loud as it'll go) and lying that CD's cost more to make.
Suddenly the world had WAV's and MP3's, which cost zero to produce, and were easy to transmit and receive. The RIAA refused to embrace this technology because thet weren't tangible things you could put a SKU number on and sell, and when the internet changed the world, the RIAA wanted the world to bend to what they wanted. The world, via Napster, said no. Pandora's box was flung wide open, and the suits of the music business did what monopoly's do... they sued to keep the world from doing to them what they'd been doing to the world for 80 years.
The RIAA-member corporations ruined radio via payola and Clear-Channeling. They ruined large-scale concerts via Ticketmaster and corporate ad placement. They ruined music retail by dictating which 20 acts get shelf space and placards. Now they want more. I tend to place asterisks in cuss words on this board, to avoid offending people, but for this issue:

Fuck the elderly, little peter havin', Beamer drivin', starter-castle livin', $50 tie wearin', clueless, greedy, art killing, artist cheating, impotent weasels who belong to the Recording Industry Association of America. Fuck the talentless whitebreads they put on the radio, and fuck the shareholders who give these dickheads their money to destroy art for a good return on investment. FUCK THE RIAA.
Ah, that feels better.----->JMS
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Post by Starr »

Fuckin' AAAAAAAAAMEN Songsmith. Whooo hooo. 8)
f.sciarrillo
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Post by f.sciarrillo »

Classic post songsmith. Good one ..
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Post by DMFJ03 »

::Wipes a tear:: Johnny, you make me proud. ::Sniffles::
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Post by bassist_25 »

esa wrote:Kinda funny anymore.
We can't smoke everywhere anymore because it causes cancer, but we can chew gum with Phenalphaline (sp?) in it.
We can't play in bars anymore because of levels of noise, but baseball stadium noise should be accepted.
We can't have 2 beers and drive anymore because we're legally intoxicated, but we'll buy our kids cars at 16 because all their friends are getting them.
We can't buy explicit lyrical content music at Wal*Mart, but I can turn on the radio and hear Ass, Shit, Bitch, etc when I know kids are on the bus or home from school.
We can't have adult movies on tv anymore without seeing warning ratings out the wazoo telling you you're a bad parent if you let your kid watch hbo.
And God forbid you do anything with the music you purchase or the movies you bought to make copies of them for yourselves...that was okay back in VCR days, but not anymore.
I think it's getting to the point where society is saying we should all stay home and masturbate in our rooms. At least that's still legal....well, unless you have illegally copied pornos....
I'm bassist_25, and I approve of this diatribe.
"He's the electric horseman, you better back off!" - old sKool making a reference to the culturally relevant 1979 film.
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bassist_25
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Post by bassist_25 »

songsmith wrote: Fuck the elderly, little peter havin', Beamer drivin', starter-castle livin', $50 tie wearin', clueless, greedy, art killing, artist cheating, impotent weasels who belong to the Recording Industry Association of America. Fuck the talentless whitebreads they put on the radio, and fuck the shareholders who give these dickheads their money to destroy art for a good return on investment. FUCK THE RIAA.
Ah, that feels better.----->JMS
...and this one too.

;)
"He's the electric horseman, you better back off!" - old sKool making a reference to the culturally relevant 1979 film.
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Post by orangekick »

songsmith wrote:Back when people played vinyl, they had cool-ass album art, big insert sleeves and dust jackets, and artists were developed over time. Then they went to CD's, claiming better sound (not necessarily true, better dynamic range at first, but everybody makes EVERYTHING loud as it'll go) and lying that CD's cost more to make.
Suddenly the world had WAV's and MP3's, which cost zero to produce, and were easy to transmit and receive. The RIAA refused to embrace this technology because thet weren't tangible things you could put a SKU number on and sell, and when the internet changed the world, the RIAA wanted the world to bend to what they wanted. The world, via Napster, said no. Pandora's box was flung wide open, and the suits of the music business did what monopoly's do... they sued to keep the world from doing to them what they'd been doing to the world for 80 years.
The RIAA-member corporations ruined radio via payola and Clear-Channeling. They ruined large-scale concerts via Ticketmaster and corporate ad placement. They ruined music retail by dictating which 20 acts get shelf space and placards. Now they want more. I tend to place asterisks in cuss words on this board, to avoid offending people, but for this issue:

Fuck the elderly, little peter havin', Beamer drivin', starter-castle livin', $50 tie wearin', clueless, greedy, art killing, artist cheating, impotent weasels who belong to the Recording Industry Association of America. Fuck the talentless whitebreads they put on the radio, and fuck the shareholders who give these dickheads their money to destroy art for a good return on investment. FUCK THE RIAA.
Ah, that feels better.----->JMS
Goddamn dude. That was sweet.
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Post by feral »

Did you know that Opera is adding Bittorrent?
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Post by Ron »

The developers of Bittorrent are currently working hand-in-hand WITH the RIAA and the Motion Picture Association of America.

I believe that in exchange for immunity of being prosecuted, bittorrent is allowing the RIAA/MPAA to have a gateway into bittorrent servers (which are user's machines) to monitor them for illegal use.
... and then the wheel fell off.
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Post by f.sciarrillo »

Ron, I don’t' think that all of the sites are doing that. I do believe that if certain sites get sued they would give out the ip information of all who have downloaded from them. But, the RIAA or MPAA can't do anything to the people who download; it’s the people who upload that get in the trouble. This is why I don't upload ;)
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f.sciarrillo
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Post by f.sciarrillo »

feral wrote:Did you know that Opera is adding Bittorrent?
Opera is the worst browser ever made. Adding a torrent client will not improve it any ..
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Ron
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Post by Ron »

f.sciarrillo wrote:Ron, I don’t' think that all of the sites are doing that. I do believe that if certain sites get sued they would give out the ip information of all who have downloaded from them. But, the RIAA or MPAA can't do anything to the people who download; it’s the people who upload that get in the trouble. This is why I don't upload ;)
Any gateway would be written into the software, regardless of where it was being run or who was running it.

Actually, the fact that you don't serve files is a moot point. If Bittorrent is installed on your computer, you have the capability to serve files and (I'm guessing) have copies of copyrighted files located on your machine. Guilty in the eyes of the law.

A lot of people seem to be under the impression that Bittorrent is safe to use and somehow they are "fighting the good fight". They aren't or they would be in the same boat as Napster, Grokster, Limewire, WinMX, and all of the others.

Did anyone see the interview with the CEO of Bittorrent at the Consumer Electronics Show in Vegas? He talked all about how Bittorrent was staying on the legal up-and-up by working with the RIAA and MPAA.
... and then the wheel fell off.
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Post by JustinGelvin »

aint that some shit....
IPOD's are like a serious breakthrough for anyone who enjoys music
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