Thursday, February 16, 2006

ripping to iPod: is this fair use? RIAA says NO

Update: so I usually don't read posts by dave by accident, and once again, he's upset about this. sorry, about the double post, somehow I missed that he hit this issue first...sorry dave.

So apparently the RIAA (Recording Industry Association of America) has said in a filing which was part of DMCA rule making procedures, that ripping music from CDs that someone owns to their iPod or other 'format shifting' isn't fair use, although permission may be granted sometimes. This goes against what they said during the Grokster oral arguments.

See story here or here
and also see the document here (pdf), which says in advocating their stance against backups (pg 40) "Even if CDs do become damaged, replacements are readily available at affordable prices" and that if you want such digital rights to buy from iTunes or elsewhere "Presumably, consumers concerned with the ability to make back up copies would choose to purchase music from a service that allowed such copying"
I guess if i understand it correctly you are allowed to make an analog backup copy by statute, but that in reality putting my cds on my iPod would potentially not be fair use, as an iPod user I think this is ridiculous, but I guess this doesn't surprise me

2 Comments:

Blogger Dave said...

Touche.

1:34 PM  
Blogger Christine said...

So if I am reading this correctly - they are saying you must pay to download music for your ipod from itunes or a similar site - even if you already own the CD? Why should you have to pay for it twice just to listen to it in a different form? It seems like such a result would allow the record companies to benefit from the invention of the ipod - by forcing people to buy additional music if they want to use the new technology? Why should this be? Why does the recording industry get to decide what is or is not a fair use of their products?

8:39 AM  

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