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RIAA Questions Legality of Ripping CDs

The recording industry doesn't want you to rip CDs you've purchased. Now the labels hope to codify that into law.

Friday, February 17, 2006

By Brad King

The Recording Industry Association of America, the lobbying arm of the music industry, has waged a contentious, six-year battle against companies trying to make music more digital and portable. With many of the large cases now behind them, the industry appears to be gearing up to stop consumers from ripping copies of CDs they have purchased, according to the Electronic Frontier Foundation.

Here's a snippet from EFF lawyer Fred von Lohmann's post on the matter:

As part of the ongoing DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included...as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs.

A little history: The RIAA has successful attacked file-trading services such as Napster and locker services such as MP3.com over the years, shuttering services that allowed people to swap music files or use centralized servers to deliver music to any Internet-connected device, at least in the United States.

During many of those proceedings (and I had the benefit of sitting through a variety of court cases during my time at Wired News), the recording industry made it clear that fair use -- an amorphous portion of the law that allows copyrighted materials to sometimes be reproduced without cost or permission -- wasn't a right that consumers should expect to have.

For those of us who covered the early days of the burgeoning digital music sector, those arguments were a bit frightful; however, we weren't concerned because any of us thought that music should be free (...free as in free beer, that is) for consumers. We were all writers, so we understand the importance of creators being paid for their work. What was frightening was the argument that content -- apparently any content -- could be locked down to the point that it became impossible for consumers to really use -- to the fullest extent -- emerging digital technologies to access information.

The RIAA, though, did a masterful job of portraying this issue not as a larger intellectual property/copyright debate, but instead as a group of freeloading kids trying to steal money from the pockets of artists. (The MPAA, which represents the movie industry, one-upped the RIAA when it ran a series of commercials showcasing the blue-collar workers in Hollywood who would lose their jobs if studios lost money because of piracy. Presumably, studio execs would still pull down their huge salaries -- but that was beside the point.)

Now that some of the larger battles have been won, according to von Lohmann, the RIAA appears to be backtracking on its earlier statements that, while fair use wasn't a consumer right, they could be expected to have the freedom to space- and format-shift entertainment that had been legitimately purchased.

Honestly, von Lohmann's blog post at the EFF didn't surprise me. I'm long past being shocked when the entertainment industry tries to lock down its content.

Here is my concern on this issue: now that Apple's iTunes and iPods have become so ubiquitous, it will be interesting to see if the RIAA and the labels press Jobs and company to 1) curtail the ability of people to make backup copies of legally purchased material (or begin adding on big fees for those who want to make backups) and 2) either restrict or add big fees to anyone who wants to rip their own, legally purchased music and upload it to their iPod.

To be fair, I have no inside information that Apple would ever do that (so slow down on the hate mail). In fact, if Microsoft had the ubiquitous player and music store, I would be equally concerned, for this simple reason: the music industry has gone out of its way to make sure that only a small number of companies sell digital music in a meaningful way; and for years the digerati have mused that this has been done because it would be much easier to control distribution patterns if open competition was discouraged.

Comments

	Last gasps of an Industry Guest (John Date) on 02/17/2006 at 12:00 AM
Posts: 1	Oh get real. The first time I copied my own music was from vinyl to cassette. Why didn't the music industry worry then? Because they have always been so caught up in their own greed, seeing what their listeners have going on is impossible. Now they're left out in the cold, because not only are they disconnected from their users, they're clueless about their own signed artists. May this entire industry die quickly. Rate this comment: (Reply)

	CDs or Buggy Whips? Guest (Chris Harlow) on 02/18/2006 at 12:00 AM
Posts: 1	Let us be thankful that the RIAA wasn't around at the turn of the 1900s. We would have been forced to use a buggy whip to start our new fangled automobiles. These guys don't get it, yet. Their model for distribution is out moded. The more they try to force us into the music store, the more creative the real world will get. On the other hand, if they can create a CD that will never scratch and that I cannot misplace, then maybe I will agree with them. Ofcourse, I'd actually have to buy a CD first Rate this comment: (Reply)

	RIAA Guest (L. Elliot) on 02/18/2006 at 12:00 AM
Posts: 1	The RIAA should embrace the "problem" with open arms. Never before in the history of recorded music have they gotten so much exposure to the music and artist they represent. A recent report stated that sales are up, although profits are down (ahh!! there lies the rub). Rate this comment: (Reply)

	Move bits not atoms! Guest (flippertie) on 02/21/2006 at 12:00 AM
Posts: 1	Hmmm. I want to listen to music on the move. Choices: a) CD player: 500g, 15 x 15 x 1.5 cm, 1 hour play time, Skips b) Generic mp3 player: 50g 6 x3 x 1cm, 10 days play time. smooth. Guess which way people are going to go? Note to RIAA : repeat after me "Move bits not atoms, move bits not atoms....... Rate this comment: (Reply)

	Strictly Radio Guest (jc) on 02/21/2006 at 12:00 AM
Posts: 1	If the RIAA were ever to win this one I would have to stick to radio until they screw with that and I would totally refuse to ever buy another CD. I'm sick and tired of all of those blood sucking money hungry leaches. Rate this comment: (Reply)

	Radio sounds good Guest (Kris Saseniuk) on 02/21/2006 at 12:00 AM
Posts: 1	I agree if JC. If the RiAA screws around with our music much more, I'm heading to radio and the radio stations on tv. I seem to remember taping great songs as a kid, lol. Rate this comment: (Reply)

	Audio Home Recording Act Guest (rer) on 02/21/2006 at 12:00 AM
Posts: 1	Unless I'm misunderstanding something, I don't think a true CD can carry copy protection (see Sony BMG: DRM Gone Bad -- http://cites.boisestate.edu/v5i14c.htm ; consequently, DMCA as currently written could not apply ; the AHRA (see http://en.wikipedia.org/wiki/Audio_Home_Recording_Act ) already gives this right to consumers ; so, I'm not sure where this argument is coming from Rate this comment: (Reply)

	many last gasps Guest (mARK) on 02/21/2006 at 12:00 AM
Posts: 1	they did respond when you copied vinyl to cassette. you pay a tax on blank tapes that goes to the RIAA to "compensate" them for your copying. Rate this comment: (Reply)

who the f##k cares!
Guest (some dude) on 02/22/2006 at 12:00 AM

Posts:
1
who the f##k cares!
Rate this comment:

(Reply)

	thats no fair Guest (angel) on 02/24/2006 at 12:00 AM
Posts: 1	kids should be able to download music if their parent are not able th buy the cd so please allow us to download movies,music,and games Rate this comment: (Reply)

	technology dictates morality Guest (leftkoast) on 02/25/2006 at 12:00 AM
Posts: 1	As a music production hobbyist, i can tell you that relatively cheap, high quality digital audio production hardware can digitally re-record a cd, after which software can slice up the files to make a zillion perfect copies, putting out o' bidness the capitalist neanderthals. Rate this comment: (Reply)

	Goodbye Fair Use Guest (Colin) on 02/25/2006 at 12:00 AM
Posts: 1	The Muzak industry wants a new model. You no longer own the music you purchase. You lease it. Over and over again. Tapes and vinyl wore out. Digits don't. Get ready for the next battlefield. Rate this comment: (Reply)

	Good bye fair use Guest (Netguru) on 02/26/2006 at 12:00 AM
Posts: 1	If the RIAA could figure out a way to charge you for huming a tune in your shower they would. Rate this comment: (Reply)

	RIAA a den of thieves Guest (Drtaxsacto) on 02/25/2006 at 12:00 AM
Posts: 1	Should we be at all surprised that the RIAA is a bunch of greedy bastards the renegs on their words? Rate this comment: (Reply)

	RIAA Guest (WRS) on 02/26/2006 at 12:00 AM
Posts: 1	I think this is stupid cause whos gonna buy the cds if ur nver allowed to copie um cuz its alot of money and i'll never buy another Cd if you guys copie protect them forget that these artists are rich enough let alone trying to get more money so ur telling me they can't live on what they make your full of crap man please do me a favor a leave it go cuz its not fair to consumers. Rate this comment: (Reply)

	Artists get nothing Guest (Wolfgang) on 03/17/2006 at 12:00 AM
Posts: 1	WRS- The artists get hardly any of the money that you pay for a cd. The majority of the money goes to the record companies, those money hungry monsters who will do anything to get your money. Rate this comment: (Reply)

	RIAA has no right to tell me I cannot copy a CD Guest (Lucio DiGiovanni) on 02/27/2006 at 12:00 AM
Posts: 1	I bought the CD and paid the music industry a LOT of money so I do not consider the RIAA has any rights to tell me what I can and cannot do with my purchased products if it is ONLY FOR MY PRIVATE USE!!! Rate this comment: (Reply)

	your rights Guest (NetGuru) on 03/02/2006 at 12:00 AM
Posts: 1	I am the first to say i hate the RIAA, but your aurgument is weak. You focus on "ONLY FOR MY PRIVATE USE" in your post. Why is that important? Becuase the RIAA sold you a CD and in fact you cannot play that CD publicly. The RIAA is already telling you what you can and cannot do with your CD. It would be a viloation for you to take the CD into a coffee shop and play it to a full house of people. That is not "Private Use" Nonetheless, I agree with you. If you buy a CD you should have the right to play it on YOUR MP3 player. Thats akin to a software company saying you can only use their software from the CD drive, not the hard drive. Rate this comment: (Reply)

	software companies Guest (Anon) on 03/06/2006 at 12:00 AM
Posts: 1	> Nonetheless, I agree with you. If you buy a CD you should have the right to play it on YOUR MP3 player. Thats akin to a software company saying you can only use their software from the CD drive, not the hard drive. Don't think they haven't tried. Try installing a game, and a lot if not most of them ask for the original CD or DVD in the drive before it plays. Rate this comment: (Reply)

	Once you buy a cd or song, it's yours Guest (Music Artist) on 03/17/2006 at 12:00 AM
Posts: 1	I agree. Once you buy something, it's yours and you're free to do what ever you want with it Rate this comment: (Reply)

	SImple Truth Guest (Bill E.) on 04/03/2006 at 12:00 AM
Posts: 1	The simple truth of all this is that the RIAA cannot stop the digital reveloution. It's going to happen with or without them. I predict that if they don't change, it will be without them. Rate this comment: (Reply)