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RIAA: Ripping CDs to iPod not 'Fair Use' 830

dotpavan writes "EFF has this article about RIAA saying that ripping CDs and backing them up does not come under Fair use. Ars Technica also reports on this, by quoting, "The [submitted arguments in favor of granting exemptions to the DMCA] provide no arguments or legal authority that making back up copies of CDs is a noninfringing use. In addition, the submissions provide no evidence that access controls are currently preventing them from making back up copies of CDs or that they are likely to do so in the future. Myriad online downloading services are available and offer varying types of digital rights management alternatives. For example, the Apple FairPlay technology allows users to make a limited number of copies for personal use. Presumably, consumers concerned with the ability to make back up copies would choose to purchase music from a service that allowed such copying. Even if CDs do become damaged, replacements are readily available at affordable prices. Similar to the motion picture industry, the recording industry has faced, in online piracy, a direct attack on its ability to enjoy its copyrights.""
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RIAA: Ripping CDs to iPod not 'Fair Use'

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  • by Anonymous Coward on Thursday February 16, 2006 @08:57AM (#14731628)
    " Even if CDs do become damaged, replacements are readily available at affordable prices."

    No duh. When my "The Wall" CD was wrecked, I found the music on Kazaa Lite, and it as at an extremely affordable price I could not refuse.
  • by IcePenguin2001 ( 518109 ) on Thursday February 16, 2006 @09:03AM (#14731672)
    RIAA Goon 1: Okay, so we want to make a bunch more money because we're greedy bastards. How do we do it?

    RIAA Goon 2: Let's sell CDs covered with heroin! Then they'll need to keep buying more CDs to get their fix!

    G1: Although we're above the law, I don't wanna use heroin. It's expensive.

    G2: Hmm... I've got it! Let's charge them for something they ALREADY OWN!

    G1: Great Scott!! Like what?

    G2: We'll tell those suckers that ripping CDs to MP3 players (especially iPods!!) is illegal and that they'll need to buy DIGITAL (ooooh the d-word) music for their MP3 players.

    G1: Brilliant! Except, we already said that was legal when we sued Grokster.

    G2: Well, say now it isn't!! The dumb consumers bend to us!! We are above the law!!

    G1: Well, all right. Good idea, Jim. I'm gonna go now, I have $2.4 million from Britney Spears' latest album to roll around in and wipe my ass with. See ya!
  • by Anonymous Coward on Thursday February 16, 2006 @09:05AM (#14731680)
    Just print your own money to pay for them with. If anyone complains point out that "replacements are readily available (from banks) at affordable prices".
  • Re:Enjoy? (Score:4, Funny)

    by ettlz ( 639203 ) on Thursday February 16, 2006 @09:06AM (#14731693) Journal
    Since when did enjoy == screw the customer for every last dime?
    Silly! Screwing is an inherently enjoyable activity!
  • by Anonymous Coward on Thursday February 16, 2006 @09:19AM (#14731784)
    If the RIAA had their way, you wouldn't [legally] be able to buy a used cd even if you wanted to. Personally, I don't buy CDs because they fuck up my Grado stylus.
  • by Lumpy ( 12016 ) on Thursday February 16, 2006 @09:22AM (#14731807) Homepage
    What options would I have today if the RIAA has their way?

    Recording devices would be illegal and all legal turntables would have a surface scratching device right behind the needled to ensure that you could only play it once and then have to buy it again in the name of "protecting the copyrights of the poor poor artists."

  • by Anonymous Coward on Thursday February 16, 2006 @09:24AM (#14731820)
    Your own silly fault for not buying several copies of the same CD the first time around, affording you a level of redundancy!



    I feel so sorry for the poor RIAA, having to deal with you tightwads with limited storage space, and welcome the day when they can download whatever they want directly into the back of your brain and charge it to your bank account.

  • by stirz ( 839003 ) on Thursday February 16, 2006 @09:26AM (#14731838)
    sncr :-)
  • by Jerk City Troll ( 661616 ) on Thursday February 16, 2006 @09:30AM (#14731874) Homepage

    I'm no longer clear on what 'buying' a CD actually buys me.

    ...music buys YOU!

  • My Music (Score:3, Funny)

    by Anonymous Coward on Thursday February 16, 2006 @09:39AM (#14731920)
    in Windows Vista this directory will be named:

    Their Music
    Their Pictures
  • by athlon02 ( 201713 ) on Thursday February 16, 2006 @09:40AM (#14731929)
    It's so obvious people...

    You need to buy a copy of the song for EVERY piece of hardware. See you get the CD for your CD player. You buy the songs online to put on your MP3 player. You buy a DVD-Audio copy for your DVD drive. You buy the songs online again for your MP3 CD's for your car stereo. Oh, and lest we forget, you write a check to RIAA for the copies of the songs that are in your head. Wait, you HAVEN'T written your check yet? You should be ashamed!
  • by Billosaur ( 927319 ) * <<wgrother> <at> <optonline.net>> on Thursday February 16, 2006 @09:56AM (#14732071) Journal

    As we say in Joisy, if a member of the RIAA board becomes, shall we say, "damaged", replacements are available at a reasonable cost...

  • by Anonymous Coward on Thursday February 16, 2006 @10:00AM (#14732099)
    Anybody ever consider something that might get some attention....such as seeing what the /. effect has on the riaa site? http://www.riaa.com/default.asp [riaa.com]
  • by Hogwash McFly ( 678207 ) on Thursday February 16, 2006 @10:06AM (#14732174)
    We don't need no litigation
    We don't need no rights control
    No play restriction on our iPod
    Execs leave us buyers alone
  • by Zangief ( 461457 ) on Thursday February 16, 2006 @10:19AM (#14732275) Homepage Journal
    That should fuck them up. They should be forced to keep selling those replace at affordable price.

    And by affordable I mean the same price the discs were sold originally.

    The logistics of that should stop them right on the tracks.
  • by thegnu ( 557446 ) <thegnu.gmail@com> on Thursday February 16, 2006 @10:20AM (#14732283) Journal
    I think you can still take it to your friend's dad's house and turn it into a cassette, if that's any help. :-)
  • by tinkerghost ( 944862 ) on Thursday February 16, 2006 @10:24AM (#14732318) Homepage
    I HAVE IT
    CDs are like particle waves.
    CD's obviously have 2 mutually exclusive, but simultanious behaviours - just like photons.
    If you do the math one way, photons are a wave. Use different criteria, and poof they are particles.
    CD's are no different, we substitute law for math, liscense for wave, objects for particles, and CD's for photons.
    The result: if you do the law one way, CD's are a liscence. Use different criteria, and poof they are objects.
    WHOOT - PATENT TIME: Quantum Law.
    Now if I can only work out a theory of relativity that shows how software is relavent to patents...
  • by SnuffySmith ( 780790 ) on Thursday February 16, 2006 @10:51AM (#14732591)
    ... the backup copy of that stromboli I had last night.
  • by elrous0 ( 869638 ) on Thursday February 16, 2006 @10:59AM (#14732670)
    if a member of the RIAA board becomes, shall we say, "damaged"

    You can't kill someone who's already dead inside.

    -Eric

  • Their Way (Score:4, Funny)

    by Renraku ( 518261 ) on Thursday February 16, 2006 @11:11AM (#14732786) Homepage
    If they had their way, CDs would be copy protected and require a CD key to play (a la Windows or PC game keys), would require an internet or modem connection to phone home on each play (like Steam), and would occasionally be completely unavailable to play due to server problems..

    They would completely have no problem with forcing this upon the customer. When confronted, they would shrug and say that it allows them to serve their customers better. By the way, if you buy the 'Special Edition' CD, its authorizations are listed on a different server that doesn't go down quite as often.

    And if you play the CD in another computer, the key is invalidated and you must purchase a new one.
  • Re:No CDs (Score:3, Funny)

    by karnal ( 22275 ) on Thursday February 16, 2006 @11:13AM (#14732817)
    OK, it's been a long week and my math is a little off.

    An early apology to anyone who may be offended.
  • Re:Well... (Score:2, Funny)

    by StalinsNotDead ( 764374 ) <umbaga.gmail@com> on Thursday February 16, 2006 @11:15AM (#14732834) Journal
    We've got to educate our 10-19 year olds not to give any more money to the RIAA.

    Good luck with that. :(


    Just tell them that, as a parent, you think the RIAA is cool, or whatever the positive slang word for good is nowadays.

    That might work.
  • by uradu ( 10768 ) on Thursday February 16, 2006 @01:51PM (#14734602)
    > They can't have it both ways.

    Actually, musical rights are governed by a special version of a well known quantum physical law, the RIAA's Musical License-Property Duality. This law stipulates that the rights to musical works depend on the situation: if music is to be resold to a third party, the rights to it behave like a license, thus disallowing such sales. If however the music medium becomes damaged and unplayable, its rights take on the shape of those to physical goods, making medium exchanges impossible and unfair to the manufacturer. It's a very strange and fascinating area of quantum (musical IP) physics.

Scientists will study your brain to learn more about your distant cousin, Man.

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