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Amazing, now ripping YOUR OWN CD’s to use on YOUR iPod is not fair use according to the new DMCA rulings currently being created.
As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:
“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. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use.”
For those who may not remember, here’s what Don Verrilli said to the Supreme Court last year:
“The record companies, my clients, 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.”
If I understand what the RIAA is saying, “perfectly lawful” means “lawful until we change our mind.” 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?
I wish they would just make their collective minds up, or lack of minds or whatever you want to call it.
Digital Restrictions Management indeed.
Source: EFF
Verne says
I think the bastards (RIAA) should just grow up and move ahead with the times. They are lucky anyone buys legal CDs at all. Buggers.
I personally buy CD (legal) and rip them for my iPod. If that isn’t legal, then screw you, bloodsuckers.
Kenny Lee says
maybe next time they will ban ipod itself too for spreading MP3
bUttsH4k3r says
why not just completely ban music. that will curb all problems.
Tommeh says
What will those cunts try to do next?!
I think they’ve got one hell of a cheek trying to boss the wolrd about. Screw them. I rip my CD’s to the pc for convenience, and then put it on my mp3 for portability. If bought/downloaded the CD, the music is mine- and I’ll do what the hell i like with it, spread it, share it, pass it about, back it up etc. fuck what anyone else says.
Darknet says
Yah it’s way out of line, RIAA needs to back the fuck up man. If it’s my CD I wan’t to do whatever the hell I want with it, including ripping it to mp3, playing it in my car, dubbing it to casette, putting it on a DVD, hey it’s mine right? WTF?