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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.]
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Comments
163
Subscribe to commentsJ. Thadeus ToadJan 22nd 2008 8:13PM
CDs do suffer from a condition known as disc rot. It is found in all composite layer optical media particularly in the lower end market. It first came to light years ago when data storage firms found that their CDs and other discs were delaminating or fogging in the upper layers. It became a real problem in the last days of the Laserdisc market.
RTBJan 23rd 2008 5:12AM
The RIAA is out of control ! this is obsurd, the RIAA can't have it both ways, first they expect us to spend $13 and up for a album...ok I have no problem paying for my music, it should be paid for, the artists work hard and should get paid... but then the RIAA want's to say...you own it, but you can't listen to it on your computer or mp3 player ??? That's BS ! I believe as long as the music is legaly bought it's yours to do with as you will...as long as you don't distribute or sell it...if the courts allow this lawsuit to go forward i can just see it now.... a 10 year old kid sit's on a playground listening to his ipod and here comes the music police to haul him into court !! The court's and the public has to tell the RIAA you can't have your cake and eat it too and put a stop to theese rediculous lawsuits or we're all going to end up in court eventually....
WolfsterJan 23rd 2008 7:27AM
Wow, what sort of geniuses make up the 7% who think ripping your own CDs is illegal? I couldn't believe that number was higher than 0.0. File sharing is not the same thing, though I can't blame those who do it - record companies WAY overcharge based on production and promotion costs, and teach the culture of the rip-off.