Bloggers watching ongoing prosecution of downloading are abuzz that the RIAA, in a position that contradicts its lawyers, is now trying to establish the illegality of ripping a CD for use on an MP3 player, according to a brief filed in the ongoing Atlantic Records vs. Howell case. The following excerpt is from page fifteen of the document:
"Virtually all of the sound recordings in Exhibit are in the MP3 format. The defendant admitted that he converted these sound recordings from the original format to the MP3 format for his and his wife's use. The MP3 format is a compressed digital format that allows for rapid transfer of digital audio files via electronic mail or any other file transfer protocol. Once the defendant converted the Plaintiff's recording into the compressed MP3 format and they are in his shared folder, they are no longer the authorized copies distributed by the plaintiffs."
What fails to be mentioned by those up in arms about this is that the plaintiffs say that Mr. Howell put the files he uploaded onto Kazaa, which is slightly different than loading them onto an iPod.
A careful read of the twenty-one-page brief shows that the behavior at issue is the sharing of the music via a website constructed specifically for that purpose, and not the actual ripping of the music to the computer. Though the RIAA will continue to be assailed as a tool of the corporate juggernauts, it is making important policy that will govern how copyrighted material will be handled in the information age. It's easy to characterize it as the bad guy, but for every large corporation that missed out royalties because of file sharing, there is a smaller band or record label that also lost money. Though the process of establishing artists' and corporations' legal rights to their material in the information age will be sticky, it's best neither sides throw stones. All parties need to find a medium ground that will lead to a cessation of both illegal file sharing and the lawsuits. [Boing Boing]
The RIAA have consistently handled this in the worst possible way. They should be providing a logical framework of new-school copyright for future labels both big and small. Instead they're just yelling at the few people left who purchase records. The RIAA will not exist in ten years.
Nat Weiner
the model is dead. think of some other way to make money.
The RIAA have consistently handled this in the worst possible way. They should be providing a logical framework of new-school copyright for future labels both big and small. Instead they're just yelling at the few people left who purchase records. The RIAA will not exist in ten years.
Nat Weiner
the model is dead. think of some other way to make money.
Stewie