Record Industry Goes After Personal Use

[k4kyv]

The RIAA now maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his own computer or his own iPod for his own private use.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files made on a computer or stored in portable media from legally bought CDs are "unauthorized copies" of copyrighted recordings.

Washington Post version of story

Jeffrey Howell of Scottsdale stands accused of placing 54 music files in a specific "shared" directory on his personal computer that all users of KaZaA and other "peer-to-peer" software could access — pretty standard grounds for an RIAA lawsuit.

However, on page 15 of a supplemental brief responding to the judge's technical questions about the case, the RIAA's Phoenix lawyer, Ira M. Schwartz, states that the defendant is also liable simply for the act of creating "unauthorized copies" — by ripping songs from CDs.

Fox News version

[WA1GFZ]

will the storm troopers be breaking down the front door to check?

[KF1Z]

At this rate, it won't be long before they force ISPs to scan your computer for illegal material before allowing internut access.

That would be one way to stop these dangerous criminals!!

[AF9J]

Cmon!  This is getting beyond greedy. And you know as well as I do do that their talk about how you're "ripping off the artist when you make a copy" is bogus.  The artist is lucky if he or she sees even 10% of the profits.  The record (and movie) companies see the majority of the profits.  I remember reading an interview of Robin Trower a few years ago, where he stated that he made more money off of his own independant record lable for his music, than he did when he had a contract with the major labels.  It's bad enough that the RIAA slams internet radio stations (one of the last places you can really hear any different music on) for streaming music.  What next? - charging you for looking at a CD in a record store, or hearing a sound sample (to see if you like the CD enough to buy it)?

Ellen - AF9J

[W4EWH]

The RIAA and MPAA are shadow-boxing. They don't care about home users copying records - copying has always been a marginal cost to the industry, and they're just using it as a smokescreen for their real agenda, which is to get "copy protection" software mandated by law in every consumer device.

What the industry is really afraid of is losing its chokehold on the creation of digital media, because sitting on top of that bottleneck in the creative process are a horde of executives, promoters, cokeheads, and image consultants who want nothing but to keep the drugs and cash flowing. What scares the hell out of these leeches is the thought that the artists they cling to for their lifeblood will realize record companies are not needed anymore.

With professional-grade audio production capability available to every performer who has a PC, it's only a matter of time before the next "big thing" simply bypasses the record industry and sells his/her music over the internet.

FWIW. YMMV.

73, Bill W1AC, who used to be a broadcast engineer and has seen the system working

[Steve - WB3HUZ]

Right on!


Also see Jobs take on DRM.


Last two paragraphs.

http://www.apple.com/hotnews/thoughtsonmusic/

So if the music companies are selling over 90 percent of their music DRM-free, what benefits do they get from selling the remaining small percentage of their music encumbered with a DRM system? There appear to be none. If anything, the technical expertise and overhead required to create, operate and update a DRM system has limited the number of participants selling DRM protected music. If such requirements were removed, the music industry might experience an influx of new companies willing to invest in innovative new stores and players. This can only be seen as a positive by the music companies.

Much of the concern over DRM systems has arisen in European countries.  Perhaps those unhappy with the current situation should redirect their energies towards persuading the music companies to sell their music DRM-free.  For Europeans, two and a half of the big four music companies are located right in their backyard.  The largest, Universal, is 100% owned by Vivendi, a French company.  EMI is a British company, and Sony BMG is 50% owned by Bertelsmann, a German company.  Convincing them to license their music to Apple and others DRM-free will create a truly interoperable music marketplace.  Apple will embrace this wholeheartedly.

The RIAA and MPAA are shadow-boxing. They don't care about home users copying records - copying has always been a marginal cost to the industry, and they're just using it as a smokescreen for their real agenda, which is to get "copy protection" software mandated by law in every consumer device.

What the industry is really afraid of is losing its chokehold on the creation of digital media, because sitting on top of that bottleneck in the creative process are a horde of executives, promoters, cokeheads, and image consultants who want nothing but to keep the drugs and cash flowing. What scares the hell out of these leeches is the thought that the artists they cling to for their lifeblood will realize record companies are not needed anymore.

With professional-grade audio production capability available to every performer who has a PC, it's only a matter of time before the next "big thing" simply bypasses the record industry and sells his/her music over the internet.

FWIW. YMMV.

73, Bill W1AC, who used to be a broadcast engineer and has seen the system working

[AF9J]

Bill,

What you mentioned is already happening with some of the savvier indie artists - they're using ProTools to record their own tunes, and marketing them directly from their own websites, and/or through mom & pop internet music stores like CD Baby.

73,
Ellen - AF9J

[W1UJR]

One thing, actually one of many, that I love about Apple's iTunes, is that it has allowed me to convert my CD collection to all digital.
CDs are a somewhat fragile medium, subject to damage from scratches and such.
I also like the freedom to listen to my music, where, and when I want to, and not have to carry a box of CDs about.

I'll be glad to stop copying my CDs when the record companies warranty the product for life! :-)

The record industry is where the full service stock brokerage was 10 years ago.
In the end, technology has empowered the masses, and really made investing accessible by anyone.
The brokerages are still around, they just had to change their business model.
The record biz will need to do the same, and stop kicking and fighting to keep the lid on, or they will lose out entirely. Now, if we could only do the same for real estate transactions.

Technology is a great leveling wind, if a business in the chain does not add value, then they are bypassed.

It seems to me that the record companies are they own worse enemy, and this tack will simply serve to polarize and antagonize folks even further. An old adage comes to mind, cutting off the nose to spite the face.
What politician worth his salt is going to alienate all the Gen X and Y generation by allowing this to happen?

Technology is truly the greatest force for liberty!

[flintstone mop]

When will this KRAP end??
Napster is nice to get a hold of artists or cuts that are hard to find or "who wants to buy the entire album when I only want the one cut" $9.95/ mo. It's nice BUT you can't move the file around in your computer and if you want to burn it to disc it's $9.95 more. SOOOO (this is time consuming) I just play the GADDAM thing back from one computer into another (analog) computer THEN I can do what I want with the precious POS music. Money hungry pimple-on-the-arse corporate thugs.

fred

[ka3zlr]

Well i know what Frank Zappa would have said....."Good for em...it's their own fault".

Looking at the State the music industry is in today...what a state...LOL...

[W2JBL]

some creep from BMI or ASCAP showed up with another nitiwt from the Muscian's Union at a steady jazz gig i had about ten years ago. they wanted us to pay royalties and only hire union musicians (not done outside NYC). the club owner, bandleader, and the drummer (think Shaq on steroids) took them out behind the place for a "chat" by the dumpster. after being politely threatened and intimidated, they left crying for mammy...end of problem.