RIAA Claims Ripping CDs for Personal Use is Illegal
Just as it seemed as though the record industry was starting to figure this whole thing out, here it goes and does something that makes us at the Switched offices shake our heads. The RIAA has filed a brief in an Arizona U.S. District Court against Jeffrey and Pamela Howell, an average Joe and Jane couple who have ripped their CD collection to MP3s for easy sharing throughout their home and -- presumably -- iPods. The brief claims that ripping CDs to MP3s is a violation of copyright laws and the fair use doctrine. The audacity of the RIAA's claim wouldn't be too surprising, given its penchant for overzealous attacks of digital media, if it weren't in direct contradiction of arguments made by RIAA lawyers in a case filed in 2005. In the case, MGM Vs. Grokster, representation from the RIAA explicitly said that making digital copies of music for personal use was protected.
Atlantic Vs. Howell is scheduled to have its first hearing on January 24. Here's hoping that this case gets tossed out, because if the courts find in favor of Atlantic, it will place all of us with digital audio devices on the RIAA's hit list.
[Addendum: Looks like the RIAA has also included language about the fact that the Howells put their files on file sharing networks, which could give the RIAA a leg to stand on here. That said, this case remains interesting due to the language the RIAA is including regarding one's rights to rip his own CDs.]
From Boing Boing
Reader Comments (Page 1 of 9)
m2dcha said 10:33AM on 12-11-2007
money money money money --- big industry ---- that is what its all about ---- buy some of my drinking water----
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The Truth said 11:10AM on 12-11-2007
F*ck the RIAA. Rip 'em to digital!!
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Bridey said 11:22AM on 12-11-2007
The suit seems to say they were "no longer the authorized copies" once they were ripped to MP3 AND were in a shared folder.
Is that really the same as "ripping is illegal"?
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Ryan said 12:57PM on 12-11-2007
And how do these Nazi's know who does or does not have personal CDs ripped?
Thats the multi million dollar question. COUNTER SUE!
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Russ Horton said 1:02PM on 12-11-2007
Its your CD you can copy it, play it backwards upside down play it loud for your friends, take you favorite songs and put together a compilation CD. That is the freedom of being in America. The limp wrists who want to take that away from you want more money, as usual, ignore them and teach your children their names so they can hate them too
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RALF said 12:20AM on 4-13-2008
LET US NOT HATE ANY ONE THAT SAID , IF TOU PURCHASE AN COW SHOULD YOU HAVE TO CONTINUE TO PAY FOR THE MILK ? ARE YOU FREE TO MAKE CHEESE OR BUTTER ? OR DO YOU HAVE TO CONTINUALLY PAY FOR WHAT IS YOURS TO USE FOR YOUR OWN USE????
clmoore12 said 1:05PM on 12-11-2007
if I buy it I will do what ever i want with it. that is legal. so go f@#k off RIAA. All you people from the RIAA find some better to do then waste tax payers dollars feed the homeless do something in life that means something!
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Mary said 1:10PM on 12-11-2007
If u went out to the store paid for it then u can do what u want.. i think that this whole thing is bs
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Rebecca said 1:12PM on 12-11-2007
hell maybe all of us ought to just go a damn music strike and quit buying ANY CDS tapes dvds etc until they figure out this is not f&*$ing cuba or Russia. This is America well it used to be anyways no more freedom of speech assembly right to bear arms... there is a ban on everything pretty soon we will have to have a law against breathing eating etc.
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Just me said 1:12PM on 12-11-2007
So now that I spent years re-buying my old records and cassettes on CD, I have to buy them again as MP3 files? How many times to they expect us to buy the same thing? And I'm not talking about artists who constantly put out greatest hits CDs. At least those might have different songs on them. I'm talking about purchasing something you already own in a different format. This seems like it is OBVIOUSLY covered under fair use. I think we should go the opposite direction and REPEAL THE DIGITAL MILLENNIUM ACT! Their greed is turning everyone away and will ultimately spell their death. RIP RIIA!
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Bush said 1:12PM on 12-11-2007
Screw the rich.... It is sick how Greedy some people are.
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MartyC said 1:14PM on 12-11-2007
This is going too far. I mean, I rip my CDs, pick my favorite songs, pick my favorite songs and either burn mix CDs or put them in the mp3 player. How is that different than in the 80's-90's when I use to put them into mix tapes. This is going way too far.
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Ed said 1:14PM on 12-11-2007
What the hell is this all about?? I don't remember the industry throwing such a fit when back in the days we would record our favorite songs to a cassette when it came on the radio..or when we would dubb from cassette to cassette..hellooo jackasses this is the same thing..the cd has already been purchased now we're just moving it to our more advanced technology.. JACKASSES!!
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commenter said 1:19PM on 12-11-2007
This article is misleading. I was confused and angered until I actually read the brief. Ripping CD's for your own use, such as to listen on your computer or in your Ipod is completly legal. What the people did here was make mp3 files from their CDs and them place them on Kazaa, a file sharing network, with the intent of distributing the music to anyone else on the file sharing network. That, as shown by the whole Napster incident, is where the problem lies.
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Bush said 1:28PM on 12-11-2007
I am so sorry I screwed up this Country so bad. We can only hope a Democrat gets in so we can get this once Great Country back on track.
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Lindsey said 1:28PM on 12-11-2007
There were issues when people were making copies of their tapes. When you buy it, it's yours. You can make copies. When you have bought the cd, you can do whatever you want with it for personal use, the point of copyright is so people don't make copies and give them to other people or make money of them. Stupid RIAA.
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Richard said 1:36PM on 12-11-2007
I believe the intent of the law is.
Its yours to use as you desire. NOT yours to make copies of to share with others.
As long as the couple in question didn't share the copies with others I would hope this is thrown out and they are compensated for their cost and anxiety. If you are buying music or anything similar product and reproducing it to be given or sold to others you are stealing.. Its just that simple.
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John said 1:41PM on 12-11-2007
This is not right!!! Money hungry Corporations!!! The little guy pays again!!!
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Ralph said 1:41PM on 12-11-2007
All I know is that if spend $12.99 for a CD, I am going to do whatever I want to do with that CD. This is not a Facist government. The artists are making enough money already. If the RIAA wants to make it a law against copying your personal CDs, then I think they should do away with the whole damn music industry and let everybody go broke. Enough already!!
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Skrammd said 1:44PM on 12-11-2007
someone needs to rip the RIAA a new one !!!
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