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RIAA Says Ripping CDs to Your iPod is NOT Fair Use


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It is no secret that the entertainment oligopolists are not happy about space-shifting and format-shifting. But surely ripping your own CDs to your own iPod passes muster, right? In fact, didn't they admit as much in front of the Supreme Court during the MGM v. Grokster argument last year?

Apparently not.

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?

P.S.: The same filing also had this to say: "Similarly, creating a back-up copy of a music CD is not a non-infringing use...."

http://www.eff.org/deeplinks/archives/004409.php

Edit: This might not belong here, I'm sleepy.

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The RIAA says a lot of stupid things... that's why I try to do exactly the opposite of what they say.

This question is kind of out of the blue, but I figured I'd just throw it in here. In iTunes, when you download a song, do you have the ability to download that song again anytime in the future without paying for it again?

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Not really but if you, for instance, lose all your songs when your hard drive crashes, they will let you redownload them. That happened to my sister's friend. His hard drive died and he lost all the music he bought on iTunes, he contacted Apple and they had his receipts on file so they gave him credit for all those songs.

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