ArchiveFebruary 16, 2006

RIAA: Your iPod is not fair use

R

The RIAA and the other copyright lobby organizations have submitted a filing to the US Supreme Court. One thing they say: space-shifting (copying your music to another space/drive/device like your iPod) and format-shifting (converting your music to another format, such as mp3) are NOT fair use:

“Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use.”
Just to get this right, they aren’t talking about some random file-sharing network, but about the CDs you bought. Also, the statement they’re referring to (the on in the MGM v. Grokster case) was pretty clear:

“The record companies, my clients, have said, for some time now, and it’s been on their website for some time now, that it’s perfectly lawful to take a CD that you’ve purchased, upload it onto your computer, put it onto your iPod.”
So the EFF is absolutely right when they say that “perfectly lawful” can’t just mean “perfectly lawful” until the RIAA change their mind.

This makes me sick. What do you RIAA guys expect us to do? Sit at home next to the old, dusty CD player all day to listen to music? Or to buy every song 4 times: One CD, just for the nice cover. One iTunes copy for the iPod (is it legal to transfer it from iTunes to iPod, by the way?). One copy for our laptop. And one for our computer at work?

[via BoingBoing]