The RIAA finally did it.

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  • Jammrock
    The Berserker
    • Aug 1999
    • 8661

    #1

    The RIAA finally did it.

    They have finally filed a lawsuit against someone for copying their legally purchased CDs to their computer. Not sharing them, mind you, just making "illegal copies" by making MP3 out of them.

    Sure, we've heard RIAA-admiring lawyers affirm that ripping your own CDs is in fact "stealing," but it seems the aforementioned entity is putting its money where its mouth is in a case against Jeffrey Howell. Reportedly, the Scottsdale, Arizona resident is being sued by the RIAA, and rather than Mr. Howell just writing a check and calling it a day, he's fighting back in court. Interestingly, it seems that the industry is maintaining that "it is illegal for someone who has legally purchased a CD to transfer that music into their computer." Ira Schwartz, the industry's lawyer in the case, is arguing that MP3 files created on his computer from legally purchased CDs are indeed "unauthorized copies," and while we've no idea what will become of all this, we suppose you should go on and wipe those personal copies before you too end up in handcuffs.Update: We got some more info on the case -- it looks like Jeffrey's actually being sued for illegal downloading, not ripping, but this whole "ripping is illegal" tactic is still pretty distasteful. Check out this post for the full story.[Via BlogRunner]




    Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

    The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.
    Wow...what very little respect I had for the RIAA is now completely gone. just...wow.
    “Inside every sane person there’s a madman struggling to get out”
    –The Light Fantastic, Terry Pratchett
  • Elie
    MURC Writer
    • Aug 1999
    • 4420

    #2
    WOW, but how did they know? Did the person say..."Hey RIAA look what I'm doing, I'm copying all my legally purchased music to my own computer"

    ??

    Comment

    • Claymonkey
      Super MURCer
      • Dec 2000
      • 1871

      #3
      Man... I seriously hope they get their butts properly handed to them for this. I am a little scared however, would they even DO this without thinking they could win it? Or did they just get to cocky since they figured people wouldn't fight back?
      Wikipedia and Google.... the needles to my tangent habit.
      ________________________________________________

      That special feeling we get in the cockles of our hearts, Or maybe below the cockles, Maybe in the sub-cockle area, Maybe in the liver, Maybe in the kidneys, Maybe even in the colon, We don't know.

      Comment

      • ND66
        Super MURCer
        • Jan 2006
        • 2001

        #4
        Originally posted by Jammrock View Post


        Wow...what very little respect I had for the RIAA is now completely gone. just...wow.

        Respect......... in my books, respect is something you earn, never deserve.

        Since when RIAA has earned any?????

        .
        Diplomacy, it's a way of saying “nice doggie”, until you find a rock!

        Comment

        • Jammrock
          The Berserker
          • Aug 1999
          • 8661

          #5
          Originally posted by Elie View Post
          WOW, but how did they know? Did the person say..."Hey RIAA look what I'm doing, I'm copying all my legally purchased music to my own computer"

          ??

          You'd be surprised what software phones home, and DRM CDs.
          “Inside every sane person there’s a madman struggling to get out”
          –The Light Fantastic, Terry Pratchett

          Comment

          • rylan
            Super MURCer
            • Sep 1999
            • 2347

            #6
            As far as I'm concerned, the RIAA can kiss my a$$. When they started their BS a couple years ago, I vowed never to buy another CD again. Crap like this just reinforces my feelings against the greedy bastards.

            Comment

            • Technoid
              Super MURCer
              • Sep 1999
              • 7645

              #7
              Well, it turns out that RIAA isnt 100% suicidal after all:

              Okay, so we've done some digging into the RIAA's lawsuit against Jeffery Howell, in which the industry is claiming that ripped MP3s are "unauthorized copies," and it turns out that Jeffery isn't actually being sued for ripping CDs, like the Washington Post and several other sources have reported, but for plain old illegal downloading. As we're all unfortunately aware, that's pretty standard stuff; the big change from previous downloading cases is the RIAA's newfound aggressiveness in calling MP3s ripped from legally owned CDs "unauthorized copies" -- something it's been doing quietly for a while, but now it looks like the gloves are off. While there's a pretty good argument for the legality of ripping under the market factor of fair use, it's never actually been ruled as such by a judge -- so paradoxically, the RIAA might be shooting itself in the foot here, because a judge wouldn't ever rule on it unless they argue that it's illegal. Looks like someone may end up being too clever for their own good, eh?
              If there's artificial intelligence, there's bound to be some artificial stupidity.

              Jeremy Clarkson "806 brake horsepower..and that on that limp wrist faerie liquid the Americans call petrol, if you run it on the more explosive jungle juice we have in Europe you'd be getting 850 brake horsepower..."

              Comment

              • High_Jumbllama
                Super MURCer
                • Dec 1999
                • 4522

                #8
                Just 99.99437667432567% suicidal

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