Bought CD's to computer illegal?

[Larry Gude]

washingtonpost.com

OK, this is interesting.

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 basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."

The RIAA's legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed. Four years of a failed strategy has only "created a whole market of people who specifically look to buy independent goods so as not to deal with the big record companies," Beckerman says. "Every problem they're trying to solve is worse now than when they started."

 

[Nickel]

I say we bring back the mix tape.

 

[RadioPatrol]

yeah this came up in an RIAA industry expert's testimony with that single mom / disabled woman in Wash ? Oregon State that initially lost her case and is supposed to pay 500k in damages ......... but is counter suing and winning so far .......

basically making any kind of duplication copy is stealing .......... if you want an MP3 on your PC the e'ffing greedy bastards want you to buy an MP3 copy for your PC not "rip" your already purchased CD Rom

 

[GWguy]

The argument is that you are supposed to be allowed to make one backup, whether it's a data disk or a music disk. And if you choose to archive the original so it doesn't get damaged and use the backup as your main source, that was supposed to have been a legal thing to do. And if your 'backup" happens to be on a hard drive as opposed to a CD, what's the difference?

Sounds like the right to backup/archive is being challenged here.

 

[czygvtwkr]

The argument is that you are supposed to be allowed to make one backup, whether it's a data disk or a music disk. And if you choose to archive the original so it doesn't get damaged and use the backup as your main source, that was supposed to have been a legal thing to do. And if your 'backup" happens to be on a hard drive as opposed to a CD, what's the difference?

Sounds like the right to backup/archive is being challenged here.

How exactly do they plan to stop people from doing this?

 

[GWguy]

How exactly do they plan to stop people from doing this?

They are doing it already. Have you ever tried to backup a copy protected CD or DVD? With certain software you might be able to do some of them, but not all. "Fair Use" is no longer applicable.

 

[RadioPatrol]

yeah well ......... the "Experts" the RIAA is getting to testify, are stating that any duplicating on your part is stealing .......


Sony BMG's chief anti-piracy lawyer: "Copying" music you own is "stealing"

Duluth, Minnesota — Testimony today in Capitol Records, et al v. Jammie Thomas quickly and inadvertently turned to the topic of fair use when Jennifer Pariser, the head of litigation for Sony BMG, was called to the stand to testify. Pariser said that file-sharing is extremely damaging to the music industry and that record labels are particularly affected. In doing so, she advocated a view of copyright that would turn many honest people into thieves.

Pariser noted that music labels make no money on touring, radio, or merchandise, which leaves the company particularly exposed to the negative effects of file-sharing. "It's my personal belief that Sony BMG is half the size now as it was in 2000," she said, thanks to piracy. In Pariser's view, "when people steal, when they take music without compensation, we are harmed."

Pariser has a very broad definition of "stealing." When questioned by Richard Gabriel, lead counsel for the record labels, Pariser suggested that what millions of music fans do is actually theft. The dirty deed? Ripping your own CDs or downloading songs you already own.

Gabriel asked if it was wrong for consumers to make copies of music which they have purchased, even just one copy. Pariser replied, "When an individual makes a copy of a song for himself, I suppose we can say he stole a song." Making "a copy" of a purchased song is just "a nice way of saying 'steals just one copy'," she said.

Countless studies have shown that the majority of music on portable music players like the iPod comes from sources other than download services. For most people, that music is comprised primarily of songs "ripped" from CD collections to MP3 or some other comparable format. Indeed, most portable music players comes with software (like iTunes) which is designed to facilitate the easy ripping of CDs. According to Pariser's view, this is stealing.

We've actually heard something similar to this view before. As part of the 2006 triennial review of the effectiveness of the DMCA, a number of content-related industries filed a joint reply with the government on the effectiveness of the DMCA and the challenges that lay ahead for copyright. The argument relating to CDs espoused in the joint reply could be summarized: although nothing has prevented consumers from making backups of CDs, this cannot be construed as authorization from the music labels for them to do so. Thus, there has been no authorization of said backups, and the coincidental ability to make backups currently should not be mistaken for fair use.

Pariser's views appear to be similar, insofar as she clearly suggests that consumers have no right to make backups of the music that they have purchased in CD form or even in download form.

Ken Fisher contributed to this report.

IMHO - you might want to re think buying any music from Sony ; the company that brought you Rootkits for your PC's ....... after playing Sony Music CD's on your PC

2005 Sony BMG CD copy prevention scandal

Sony BMG software issues

On October 31, 2005, Mark Russinovich posted to his blog a detailed description and technical analysis of the characteristics of the software contained on Sony BMG music CDs. Called "Sony, Rootkits and Digital Rights Management Gone Too Far", the article asserts vocally that the software is illegitimate and that digital rights management had "gone too far."[7]

Security holes

Russinovich stated that there were shortcomings in the software design that manifest themselves as security holes that can be exploited by malicious software such as worms or viruses. He also mentioned that the XCP software installed silently before the EULA appeared, that the EULA does not mention the XCP software, and that there was no uninstaller, all of which are illegal in various ways in various jurisdictions.

Ed Felten's Freedom to tinker blog featured an article by J. Alex Halderman discussing the SunnComm DRM also found on some Sony BMG CDs, which is very similar to the F4I software in that it installs without authorization or notification, and does not have an uninstaller.[8]

Resource drain

The article also asserts that the software runs in the background and consumes system resources, slowing down the user's computer, regardless of whether there is a protected CD playing.

Poor design

Russinovich presented evidence that the software employs unsafe procedures to start/stop the rootkit, which could lead to system crashes (the infamous BSoD) and that inexpert attempts to uninstall the software can lead to the Windows operating system failing to recognize existing drive(s). The Sony rootkit is designed to hide any files, registry keys and processes starting with the string $sys$, making it very easy for writers of worms and other malware to also hide their files by simply using the same name. Within weeks there were several trojans and worms taking advantage of this functionality in machines already compromised by the Sony rootkit.

Anti-virus firm F-Secure asserted, "Although the software isn't directly malicious, the used rootkit hiding techniques are exactly the same used by malicious software to hide themselves. The DRM software will cause many similar false alarms with all AV software that detect rootkits. ... Thus it is very inappropriate for commercial software to use these techniques."[9] After public pressure, Symantec[10] and other anti-virus vendors included detection for the rootkit in their products as well, and Microsoft announced it would include detection and removal capabilities in their security patches.[11]

 

[AndyMarquisLIVE]

yeah well ......... the "Experts" the RIAA is getting to testify, are stating that any duplicating on your part is stealing .......


Sony BMG's chief anti-piracy lawyer: "Copying" music you own is "stealing"




IMHO - you might want to re think buying any music from Sony ; the company that brought you Rootkits for your PC's ....... after playing Sony Music CD's on your PC

2005 Sony BMG CD copy prevention scandal

Both the RIAA and MPAA are taking us all for a ride.

I'm at the point that if I want to see a movie, I'll wait for it to come on Showtime or TNT.

First off, I shouldn't have to wait 6 months longer than the rest of the world to see a movie. You know movies come out in Africa to DVD before they come to American theaters in some cases, yet we give these greedy bastards more money than anyone.

RIAA, #### them. Is it also illegal for me to sync my already purchased MP3 file to my DELL?

I'd buy more MP3s if every website didn't DRM the crap out of them to the point that you can only listen to it for a minute.

 

[AndyMarquisLIVE]

yeah this came up in an RIAA industry expert's testimony with that single mom / disabled woman in Wash ? Oregon State that initially lost her case and is supposed to pay 500k in damages ......... but is counter suing and winning so far .......

basically making any kind of duplication copy is stealing .......... if you want an MP3 on your PC the e'ffing greedy bastards want you to buy an MP3 copy for your PC not "rip" your already purchased CD Rom

Windows automatically rips CDs when I inset a new disk. Not my fault. Sue Microsoft. :shrug:

 

[RadioPatrol]

now the RIAA has its own Storm Troopers in the form of Ex Cops:


EconoCulture - Going Underground

Who are these private investigators in cops’ clothing? They are the anti-piracy unit of the RIAA—counterfeiting consultants who act as pirated-media authorities for the police.

RIAA chairman and CEO Mitch Bainwol, a former member of President Ronald Reagan’s cabinet and Republican National Committee chief of staff, brought on Bradley Buckles, former director of the Bureau of Alcohol, Tobacco and Firearms, to head this effort. A 2005 news release characterizes as a mission to “protect hit records – which are critical to the long-term health of the music industry and enable investment in new artists and new music [and] have suffered most dramatically.”

Since adopting the zero-tolerance policy, Buckles has assembled a national force of ex-cops to act as the RIAA’s own enforcement squad. Outfitted in black cargo pants, black steel-toed boots and black flak jackets emblazoned with RIAA instead of NYPD, these enforcers resemble real cops so much so that Chinatown observers aren’t the only ones who can’t tell the difference between the recording industry’s band of ex-cops and bureaucrats from the real cops.

In fact, the RIAA officials’ practices resemble the work of an average beat cop such as issuing pink violation tickets, confiscating allegedly pirated merchandise and search and seizures, all of which leads to a bit of confusion about exactly how much legal authority the RIAA has. New York lawyer David Cohn explains that, if these officials give the impression of being law enforcement officers, their seizures are technically illegal. But such claims are difficult to prove, and as Cohn notes, “Those guys do know how to work the system.”

Amanda Hunter, spokeswoman for the RIAA, is careful to say, “These are not raids per se,” but declines to elaborate on the exact nature of these investigations. “Every case is different,” she says.

According to Hunter, many tips come through the RIAA tip line, 1-800-BAD-BEAT, which the RIAA passes along to local law enforcement. New York Police Department Officer Juan Virelli of the 1st Precinct clarifies this relationship, explaining that the RIAA organizes workshops to teach police to identify pirated and counterfeit CDs and how to ferret out the locations at which they are sold. Confiscated merchandise is then handed over to RIAA officials to verify its authenticity and determine whether to press charges.

 

[RadioPatrol]

Wtf ......

EconoCulture - Going Underground

RIAA officials sometimes accompany police on the busts as was the case in several recent Chinatown investigations. However, for the biggest jobs, the RIAA goes in alone. According to Virelli, “they have lawyers whose whole job it is to get them search warrants. They can go in there are do the bust themselves.” A series of legal loopholes and careful legal maneuvering allows RIAA investigators to circumvent state laws regarding search and seizure. “Remember,” Cohn points out, “a private individual (or entity) can go on your land and take your stuff and it can still be presented as evidence. And some states have provisions for private search warrants as well.”

New York attorney Niki Warin calls attention to the added difficulty of challenging private entity searches: “Whether or not that entity has exercised its authority appropriately depends upon the specific facts, but they are quite often allowed to conduct them without law enforcement. Indeed, when law enforcement is not involved, there are often less challenges available to the search—the 4th Amendment protects us from unlawful search and seizure by the government, not by private entities, so often the argument is made that the private entity search was in fact instigated or related to the police.”

The RIAA’s ability to obtain its own search warrants might explain the 23 percent increase in anti-piracy investigation search warrants in the last two years, as reported by the RIAA website. Despite repeated calls, RIAA spokeswoman Amanda Hunter refused to comment on this.

 

[AndyMarquisLIVE]

RIAA officials sometimes accompany police on the busts as was the case in several recent Chinatown investigations. However, for the biggest jobs, the RIAA goes in alone. According to Virelli, “they have lawyers whose whole job it is to get them search warrants. They can go in there are do the bust themselves.” A series of legal loopholes and careful legal maneuvering allows RIAA investigators to circumvent state laws regarding search and seizure. “Remember,” Cohn points out, “a private individual (or entity) can go on your land and take your stuff and it can still be presented as evidence. And some states have provisions for private search warrants as well.”

New York attorney Niki Warin calls attention to the added difficulty of challenging private entity searches: “Whether or not that entity has exercised its authority appropriately depends upon the specific facts, but they are quite often allowed to conduct them without law enforcement. Indeed, when law enforcement is not involved, there are often less challenges available to the search—the 4th Amendment protects us from unlawful search and seizure by the government, not by private entities, so often the argument is made that the private entity search was in fact instigated or related to the police.”

The RIAA’s ability to obtain its own search warrants might explain the 23 percent increase in anti-piracy investigation search warrants in the last two years, as reported by the RIAA website. Despite repeated calls, RIAA spokeswoman Amanda Hunter refused to comment on this.

WHAT?!

That's , , , and more

 

[RadioPatrol]

yeah I agree ........ but I could see the RIAA doing it .........

 

[AndyMarquisLIVE]

yeah I agree ........ but I could see the RIAA doing it .........

They wouldn't get in my house.

 

[(((echo)))]

i never thought i'd hear myself say this but Canada is looking better and better everyday.

 

[RadioPatrol]

They wouldn't get in my house.

Rounds Going Down Range ................ :Whistle:

 

[RadioPatrol]

Update ........




Download Uproar: Record Industry Goes After Personal Use - washingtonpost.com

Various Quotes from the Article:

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.

"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."

RIAA's hard-line position seems clear. Its Web site says: "If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages."

The Howell case was not the first time the industry has argued that making a personal copy from a legally purchased CD is illegal. At the Thomas trial in Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified that "when an individual makes a copy of a song for himself, I suppose we can say he stole a song." Copying a song you bought is "a nice way of saying 'steals just one copy,' " she said.

The RIAA's legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed. Four years of a failed strategy has only "created a whole market of people who specifically look to buy independent goods so as not to deal with the big record companies," Beckerman says. "Every problem they're trying to solve is worse now than when they started."

 

[RadioPatrol]

Media Defender's TorrentDecoyToolsLeaked

Media Defender's Torrent Decoy Tools Leaked

Things keep getting worse for anti-piracy outfit...



We're still digging through the leaked MediaDefender e-mails and are pretty astounded by how deep the rabbit hole goes, including plans for a version of their "MiiVi" honeypot for Mac, some ARIN abuse complaints and discussions with the New York Attorney General's office about handing over user data to law enforcement.

As if the 700MB of leaked mail didn't do enough harm to the Torrent polluting anti-piracy company, hackers this week also released the company's source code -- which includes the tools the company uses to place dummy files on p2p networks. The nfo for the pack, now circulating via p2p, says someone employed at the company released the tools:

The source is complete for their operations regarding Kazaa, bittorrent, gnutella etc. This system is now released for the public in order to identify the decoys they set up. A special thanks to the MD employee that gave this to us.​

The applications in the pack have such names as BTPoster, BTSeedInflator and BTDecoyClient, and all are focused on disrupting BitTorrent or other p2p network use. The hackers in question, who call themselves the "Media Defender Defenders" continue to post new information about the company at this website, including legal threats, e-mails from the MD CEO, and the hacker's response to said threats.

 

[RadioPatrol]