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> Its 'illegal' To Burn Cd's To Your Computer
Owen
post Dec 31 2007, 03:23 PM
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http://www.washingtonpost.com/wp-dyn/conte...7122800693.html

According to the RIAA, burning legally bought CD's to your computer is illegal and prosecutable.

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."

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."


Might as well make Mp3 players illegal then.

This is nuts. ohmy.gif mellow.gif

This post has been edited by Owen: Dec 31 2007, 03:24 PM


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Ivan Milenkovic
post Dec 31 2007, 03:32 PM
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They can't do nothing about and they know it. I don't want to promote piracy or anything - but different kind of audio distribution systems are needed ASAP.

Actually - we don't need them, just the companies smile.gif


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Owen
post Dec 31 2007, 03:37 PM
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QUOTE (Milenkovic Ivan @ Dec 31 2007, 06:32 AM) *
They can't do nothing about and they know it. I don't want to promote piracy or anything - but different kind of audio distribution systems are needed ASAP.

Actually - we don't need them, just the companies smile.gif


Indeed, I'm not endorsing anything illegal either but the situation seems to be escalating out of their control and they seem increasingly desperate, I think there has got to be a radical overhaul of the current system for the record industry to gain even a small amount of control ever again.


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Freddie Fourfing...
post Dec 31 2007, 03:55 PM
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RIDICULOUS!

Is it illegal to play the CDs I buy, since I'm "reproducing" copyrighted music in the air?

I hope it gets to the point where it is legal to listen to music only if the ACTUAL BAND is in your house.


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Andrew Cockburn
post Dec 31 2007, 03:57 PM
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QUOTE (Owen @ Dec 31 2007, 09:37 AM) *
Indeed, I'm not endorsing anything illegal either but the situation seems to be escalating out of their control and they seem increasingly desperate, I think there has got to be a radical overhaul of the current system for the record industry to gain even a small amount of control ever again.


That case hinges on the fact that he distributed the songs through filesharing - its quoted a little out of context. RIAA aren;t prosecuting him for actualy making the copies, they mentioned in passing that the copies were illegal (trying to make it seem like a proven principle by mentioning it in passing).

So, although they would like to RIAA aren;t actually prosecuting the guy just for making copies. Its a grey area though - in the 70s, fair use was deemed acceptable for recording TV programmes and timeshifting - this seemd to be the same pricnciple if you remove the file sharing part, but it has never been proven in court so could go either way.

Regardless, Owen and Ivan make great points - the music industry should wise up and stop preventing people from doing what they want to do for their own convenience (copying and sharing aside)


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The Uncreator
post Dec 31 2007, 04:19 PM
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Wow, ive got almost all my CD's on windows media player for backup, ive got to be on the FBI Top ten or something laugh.gif

This is stupid, like the cops are gonna show up with a search warrrant, "We need to see your computer sir, you might have legally purchased music on there!"

Ridiculous if you ask me.
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Bogdan Radovic
post Dec 31 2007, 04:26 PM
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Well I thought It was legal to make home backups of stuff you buy (CDs , DVD movies etc) that you will be using at home only.. ?!


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Owen
post Dec 31 2007, 04:41 PM
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Apparently when mp3 players first came out the RIAA did actually try to stop their production;

QUOTE
The Rio PMP300 from Diamond Multimedia was introduced in September 1998, a few months after the MPMan. It was a success during the holiday season, with sales exceeding expectations. Interest and investment in digital music were subsequently spurred from it. The Recording Industry Association of America (RIAA) soon filed a lawsuit, alleging that the device encouraged copying music illegally, but Diamond won a legal victory on the shoulders of the Sony Corp. v. Universal City Studios case and DAPs were legally ruled as electronic devices. Because of the player's notoriety as the target of a major lawsuit, the Rio is erroneously assumed to be the first DAP.


Heh, does anyone else think that the problem has escalated due to RIAA decisions over the years?


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DeepRoots
post Dec 31 2007, 04:58 PM
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Will be funny when Windows Media Player 12 comes out,

"New Report when you Rip/Burn software ensures that the Government of your country knows exactly what activities you are envolved in! huh.gif .....for you safety!! biggrin.gif "
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Robin
post Dec 31 2007, 05:23 PM
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Smikey2006
post Dec 31 2007, 05:44 PM
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biggrin.gif music should be free .. well no.. but this is rediculous.. if someone has payed for the CD no one should be complaining... i think there are a few people on this site who would get hit hard... that guy only had 2000 songs ..... Uncreator... RUN! biggrin.gif


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Owen
post Dec 31 2007, 05:48 PM
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QUOTE (Smikey2006 @ Dec 31 2007, 08:44 AM) *
biggrin.gif music should be free .. well no.. but this is rediculous.. if someone has payed for the CD no one should be complaining... i think there are a few people on this site who would get hit hard... that guy only had 2000 songs ..... Uncreator... RUN! biggrin.gif


At the last count I had nearer 4000

Arrrrgh!! laugh.gif laugh.gif


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Freddie Fourfing...
post Dec 31 2007, 05:58 PM
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I have no music on any of my hard drives.
I use my MP3 player and my iPOD stictly as fancy thumb drives for official documents only.

I repeat...I have NO music on my hard drives.

NONE.


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Kevin98497
post Dec 31 2007, 08:15 PM
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QUOTE (Owen @ Dec 31 2007, 02:23 PM) *
http://www.washingtonpost.com/wp-dyn/conte...7122800693.html

According to the RIAA, burning legally bought CD's to your computer is illegal and prosecutable.
Might as well make Mp3 players illegal then.

This is nuts. ohmy.gif mellow.gif



that guy needs to get a ipod 60gb then lol he wll end up just like me trying to filllit up but it is impossible haha
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FretDancer69
post Dec 31 2007, 10:35 PM
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QUOTE (Freddie Fourfingers @ Dec 31 2007, 08:55 AM) *
RIDICULOUS!

Is it illegal to play the CDs I buy, since I'm "reproducing" copyrighted music in the air?

I hope it gets to the point where it is legal to listen to music only if the ACTUAL BAND is in your house.



LMAO laugh.gif laugh.gif laugh.gif


yeah this is ridicukous mad.gif


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Tomy Jeon
post Dec 31 2007, 10:56 PM
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QUOTE (The Uncreator @ Jan 1 2008, 04:19 AM) *
Wow, ive got almost all my CD's on windows media player for backup, ive got to be on the FBI Top ten or something laugh.gif

This is stupid, like the cops are gonna show up with a search warrrant, "We need to see your computer sir, you might have legally purchased music on there!"

Ridiculous if you ask me.


biggrin.gif biggrin.gif biggrin.gif


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sam47
post Jan 1 2008, 12:28 AM
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I wish I knew how to burn them on the computer. Hell I've got close to 400 albums that I've been hauling around for 30 odd years. Sure would be easier. Not that I'd get rid of them though.
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PlayAllDay
post Jan 1 2008, 12:33 AM
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QUOTE (Freddie Fourfingers @ Dec 31 2007, 11:55 PM) *
I hope it gets to the point where it is legal to listen to music only if the ACTUAL BAND is in your house.

laugh.gif laugh.gif laugh.gif laugh.gif
Yeah! Bring back live music!!


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Owen
post Jan 1 2008, 12:38 AM
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QUOTE (PlayAllDay @ Dec 31 2007, 03:33 PM) *
laugh.gif laugh.gif laugh.gif laugh.gif
Yeah! Bring back live music!!


I dont quite think my mum would appreciate George Fisher spewing it up in our living room huh.gif laugh.gif biggrin.gif


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post Jan 1 2008, 01:11 AM
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QUOTE (Owen @ Dec 31 2007, 05:38 PM) *
I dont quite think my mum would appreciate George Fisher spewing it up in our living room huh.gif laugh.gif biggrin.gif


Andrew, I doubt that the public image issue is of much significance in comparison to the lost profits due to the theft. Big problem, protection of intellectual property rights is as important to an economy as protection of physical property rights.

Owen, that was a propaganda piece. Look for the techniques journalists use to mislead you. I see several here. One is the way he interleaves his own opinions (really editorial opinions) in paragraphs that contain quotes. This leaves the reader with the impression that those are validated assertions. And he knows what he is doing, you have virtually no journalist integrity anymore, anywhere, the only issue is what propaganda methods are being utilized to mold public opinion in the intended direction. I don't know about Britain. The US had a period of journalistic integrity from about 1920 though perhaps the 1990's. But it is long gone. Traditionally all journalists are liars, today they are back to what they have been for the most part though out history. Truth no longer means anything in that profession. Sad thing, it once did, that is a fact.

All we have here is a plaintiff making a legal argument, which the judge will either buy or will not. This is the way the system works. A plaintiff tries to use whatever argument it can to win a case. Nothing wrong with that, the judge is there for a reason, to accept it or disqualify it, based on statutory and common law, and legal precedent. I feel confident that we have laws in place sufficient to protect us, that is what the judges are there for. And what elected officials (who also make laws) are there for.

I feel no sympathy for those that get caught. You steal, you pay. Those fighting it deserve what they get, the big bill. They are just talked into this by some lawyers trying to get publicity for themselves. They could have just admitted what they did, paid the few thousand bucks, and have been done with it.
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