RIAA Argues That MP3s From CDs Are Unauthorized 668
NewYorkCountryLawyer writes "In an Arizona case against a defendant who has no legal representation, Atlantic v. Howell, the RIAA is now arguing — contrary to its lawyers' statements to the United States Supreme Court in 2005 MGM v. Grokster — that the defendant's ripping of personal MP3 copies onto his computer is a copyright infringement. At page 15 of its brief (PDF) it states the following: 'It is undisputed that Defendant possessed unauthorized copies... Virtually all of the sound recordings... are in the ".mp3" format for his and his wife's use... Once Defendant converted Plaintiffs' recordings into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies...'"
Learn how to summarise (Score:5, Informative)
Once Defendant converted Plaintiffs' recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs. Moreover, Defendant had no authorization to distribute Plaintiffs' copyrighted recordings from his KaZaA shared folder.
In other words, they're complaining about sharing the MP3s, not making them. The fight against corporate copyright bullies will not be helped by intellectual dishonesty and exaggeration.
unauthorized != illegal (Score:5, Informative)
In most jurisdictions these rights would include transferring cd's to mp3's for personal use.
Copying for PRIVATE use is copyright infringement? (Score:2, Informative)
Technically, that would mean that simply mentally recalling your experience of a copyrighted presentation is copyright infringement then, as you are reproducing that experience for yourself without authorization.
How the heck can even the RIAA not see how utterly stupid it is to say that private copying is copyright infringement?
I heavily advocate copyright, and I even applaud a lot of the RIAA's attempts to try to crack down on cases where genuine infringement is occurring (ie, in cases where unauthorized copies are being shared or distributed), but this is just plain asinine.
That's not what it says (Score:5, Informative)
Intentional posting of misleading headlines (Score:5, Informative)
The RIAAs problem is they made ripped copies *avaliable* via a shared folder. It does not say the act of ripping is illegal.
What I did find interesting was the description of MP3 as a perfect copy. Niquist aside MP3 is a lossy format. Songs in MP3 format are most certainly not a perfect copy of the origional work but they don't degrade unless re-encoded which I think was the real point they were trying to make.
Re:That's not what it says (Score:1, Informative)
Downloading MP3's from a share not authorized by the artist or label is the obvious equivalent of theft (i.e., obtaining the music via a distribution method other than how it was originally distributed by the artist or label). Obviously, if the artist provides the music via download only, then downloading from the artist's authorized download share is legal.
That's how I'm able to understand it, and I have a hard time understanding why others can't.
Re:Learn how to summarise (Score:2, Informative)
I guess it goes back to that same old, same old, "does enabling copyright infringement constitute the act itself?" If I remember correctly, the recent answer is no. (Something about an old judgment formerly used in favor of the responsibility of large cable companies. Point is I suppose if they ever both listened to the music at the same time, then that's probably infringement, and everything else shouldn't be. But that's just my intuition
And when you accept that much, then you have to actually prove such an act ever occurred
Re:Learn how to summarise (Score:5, Informative)
"they [the mp3s] are no longer the authorized copies distributed by Plaintiffs"
Don't be fooled by the usage of distributed here. They are not talking about the defendant distributing yet
Now looking at the SECOND part they say:
"Moreover, Defendant had no authorization to distribute Plaintiffs' copyrighted recordings from his KaZaA shared folder."
The key here is first the usage of "Moreover" which is additive as in, 'A'=bad AND 'B'=bad. Not, as you assert, 'A' + 'B' = bad but 'A'bad.
The trick here, IMO is that they crafted this very specifically so as to introduce the idea that the mere production of mp3s is the production of an unauthorized copy. Distribution is also unauthorized. Notice how they didn't say distribution of THOSE mp3s was unauthorized. That is implied from their larger statement that he wasn't allowed to distribute copyrighted recordings regardless of the "authenticity" of the recording. So they have set up two arguments which I will reorder to make it clearer that they are separate:
1) The defendant isn't authorized to distribute copyrighted recordings
2) The defendant was in possession of unauthorized copies of those copyrighted recordings which are unauthorized by the mere fact that they are compressed mp3 copies; regardless of the fact that he owned the CD those copies were generated from.
The end result of this being, the only authorized way to procure and possess "compressed mp3s" would be for them to be distributed by the Plaintiff. That is the implication of the words "they are no longer the authorized copies distributed by Plaintiffs." Because if you buy into that statement it begs the question: how do you get an authorized compressed mp3 version of their copyrighted works.
Re:That's not what it says (Score:5, Informative)
Gee, I wonder if that was what they were doing:
Just because
Molehill to Mountain Alert (Score:5, Informative)
Unless I can no longer read and correctly understand and interpret English, this is not anything to get excited over. (But most of y'all will, cos otherwise Slashdot would be no fun at all, right?) That one sentence, in context, links the ripping to mp3 format and the "making available" in a shared folder as being one "unauthorized" process. Yes, I would say the sentence is poorly worded and potentially ambiguous, but the intent is clear. If he had ripped the tracks for his own use, and not made them available to others, no one would know or care, and there would be no case here.
Leave it to the denizens of this board, however, to twist bad syntax into something sinister. You would think that we are suddenly in danger of having the mp3 format declared illegal and ripping software impounded. There are plenty of reasons to despise the RIAA, and they are a sufficiently evil organization as it is -- we don't need to paint them as even more of an asshat than they already are.
Re:Fair use!!! (Score:1, Informative)
Re:labeling? (Score:5, Informative)
Re:Fair use!!! (Score:5, Informative)
RTFA!!! - Re:Fair use!!! (Score:5, Informative)
But let me point out what I believe ruins the Fair Use argument (IANAL):
Once Defendant converted Plaintiffs' recording into the compressed
Each of the 11 sound recordings on Exhibit A to Plaintiffs' Complaint were stored in the
Re:Um...September 4: Summary judgement (Score:3, Informative)
Re:You're *just now* starting to boycott??? (Score:5, Informative)
US copyright law's definition of "public" (Score:5, Informative)
Re:Fair use!!! (Score:5, Informative)
>
> Sorry guys, but sharing is not illegal (even if you share using devilish Kazaa).
Sharing "culture" isn't stealing nor illegal, as long as the copyright owner of said culture is OK with it. Making a copy of music you've purchased - perhaps an audio tape - and giving it to a friend, is not OK with many copyright owners and in that case it is indeed illegal since it would constitute 'copyright infringement'.
So you're statement that "sharing is not illegal" is incorrect; it depends on the copyright of what is being shared.
Re:Fair use!!! (Score:3, Informative)
Re:Grow up (Score:1, Informative)
Direct evidence would be video of you striking the blows that killed him.
http://en.wikipedia.org/wiki/Circumstantial_evidence [wikipedia.org]
The fact that you confuse the two, proves my point that circumstantial evidence can be pretty damning.
NOT A TROLL! (Score:3, Informative)
FWIW bigmouth, good post. I wonder if I'll get modded troll now too?
Re:Fair use!!! (Score:5, Informative)
Re:Fair use!!! (Score:3, Informative)
Read the brief more carefully (Score:1, Informative)
Re:The original /. post misstates the complaint (Score:3, Informative)
The reasons I said "troll alert" are
1. the user just signed up today
2. the post misstates the contents of the brief... nowhere in the brief does it contain any of the statements which he or she attributed to it.
The troll said
Obviously you never read the brief either.
I notice that you are littering my blog with similarly sloppy comments there under your user id "nothing noteworthy". Please either do your homework, or stop wasting my time.
Thank you.
Re:up next (Score:3, Informative)