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Download Uproar: Record Industry Goes After Personal Use

Midnight_Caller
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Registered: 15-04-2007

Download Uproar: Record Industry Goes After Personal Use

Download Uproar: Record Industry Goes After Personal Use
Quote
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."

Read full News storie Here from The Washington Post.  Shocked
48 REPLIES
mcgurka
Grafter
Posts: 764
Registered: 09-10-2007

Re: Download Uproar: Record Industry Goes After Personal Use

Hey, If I want to copy a cd, put one in my Mp3, one in my car and one in my home so i dont have to cart cds about, I will damn well do that.
Looks awfully like they are beginning to clutch at straws and try to take the intimidation of the public one step further...
Moderator
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Registered: 14-04-2007

Re: Download Uproar: Record Industry Goes After Personal Use

If I can't make a backup copy of a treasured and much used CD and it gets damaged are they going to replace it free of charge.
I bought the rights to listen to the music but it's storage media is damaged. Will they replace it.
Customer and Forum Moderator.
Product of the Tyrell Corporation
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Posts: 38,251
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Registered: 15-06-2007

Re: Download Uproar: Record Industry Goes After Personal Use

One thing for sure - they wouldn't even try that in the EU
Midnight_Caller
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Re: Download Uproar: Record Industry Goes After Personal Use

Hi All I have adid a poll so get voting.  Wink
Plusnet Alumni (retired) orbrey
Plusnet Alumni (retired)
Posts: 10,540
Registered: 18-07-2007

Re: Download Uproar: Record Industry Goes After Personal Use

The music industry is right and I am wrong.
pcoventry
Grafter
Posts: 434
Registered: 26-11-2007

Re: Download Uproar: Record Industry Goes After Personal Use

Firstly if the law does state that over there then it means people downloading off the net are not breaking the law, and i feel on that note the law should be reviewed and changed.
It's a thin line. All my music is on Napster which means i don't have to worry about it. I do keep a backup of the napster music on a external HDD as Napster have a habit of just making a song 30 seconds long claiming that the artist has requested it. Which in most cases is rubbish it's napster trying to make more money. All the money i store has DRM so i am not doing anything wrong i can have a million zip files full if i want aslong as i do not modify the files
I don't disagree with people copying their CD's they have purchased, and to addres Dick's point, there are services on the web where you can get your disc restored for £1,99 - which is a very good service IMHO (scratchbusters is one)
BUt no when people just go online and download music without paying for it - that i find wrong. And it goes for anything that should be paid for.
I look at it from the artists view mainly. People like Carl who play in a band deserve to be paid for their work - and not to have people rip them off - which is effectively what happens.
People go on about the music industrys etc being harsh and going OTT - but at the end of the day it all comes down to people owing them money. They spend milions getting an artist onaboard, printing and recording millions of CD's and promoting aswell, why shouldn't they have the right to jump hard on someone who thinks they can rip them off?
Just my thoughts on it.. so i have put yes in the poll obviously.
Midnight_Caller
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Posts: 4,143
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Registered: 15-04-2007

Re: Download Uproar: Record Industry Goes After Personal Use

So orbrey you are saying that I should  pay the music industry for every copy of a trak I make?   Huh
mcgurka
Grafter
Posts: 764
Registered: 09-10-2007

Re: Download Uproar: Record Industry Goes After Personal Use

OK, what about if you buy a cd, it gets scratched and you just download the files again?
Since you have already bought the copyright to play it, its ok?
pcoventry
Grafter
Posts: 434
Registered: 26-11-2007

Re: Download Uproar: Record Industry Goes After Personal Use

It's something that could be debated for years im sure and still nothing concrete be agreed.
Thing is you don't buy the copyright you buy the right to play that on a personal system. If you start playing in public or trying to use the music for other purposes then you need more licences.
A typical example was the radio station i was heavily involved with a few years ago CMP radio. A simple internet radio station, BUT we had to have several licences to cover the music and royalties then every presenter around the globe ( and there were over 300) had to have a licence through us for the software and the right to store tracks on their PC that were not DRM protected (as it would not play them encoded)
It costs thousands a year and in the end killed the station despite alot of financial help
Plusnet Alumni (retired) orbrey
Plusnet Alumni (retired)
Posts: 10,540
Registered: 18-07-2007

Re: Download Uproar: Record Industry Goes After Personal Use

Damn straight you should! These people work tirelessly, endlessly recycling the same marketing schemes with new teen artist after new teen artist, carefully gauging the state of the market and aiming their songs, music and MOST IMPORTANTLY the outfits worn by (and public behaviour of) these new stars to fit. How you can honestly with good conscience make a copy of something you have already paid money for is beyond me. The guilt would simply eat me alive.
James
Grafter
Posts: 21,036
Registered: 04-04-2007

Re: Download Uproar: Record Industry Goes After Personal Use

I think that it's only right that we continue to invest large amounts of revenue into the poor, struggling music industry.  Far too many artists are struggling and we should do all that we can to help keep them off the dole.
mcgurka
Grafter
Posts: 764
Registered: 09-10-2007

Re: Download Uproar: Record Industry Goes After Personal Use

Right well, im not about to let the record industry get me! If I want to copy *my* cd, I will. Its like me telling you how to spend your money, and if you dont buy as I say, I will see you in court...
I am a little concerned about the users of the network in Dundee though... mind you though, I suppose im just an IP provider Smiley
pcoventry
Grafter
Posts: 434
Registered: 26-11-2007

Re: Download Uproar: Record Industry Goes After Personal Use

Hmm good point..
Community Veteran
Posts: 4,729
Registered: 04-04-2007

Re: Download Uproar: Record Industry Goes After Personal Use

Can I suggest a better poll question;
"Should copyright laws allow us to make a copy of digital media for our own personal use."
Chilly