Thursday, February 16, 2006

RIAA: Is copying illegal this week?

Synopsis:
In March of 2005, the Recording Industry Association of America (RIAA) said copying CDs to MP3 was legal, as long as you did not distribute it to other listeners who had not purchased the music themselves.
In February of 2006, the RIAA then said copying CDs to MP3 was illegal, reguardless of how many times you have purchased the originating CD. Their solution is to replace CDs that get scratched with new ones.

Evidence:
March of 2005:
Supreme Court Transcript 04-480, page 11, available in PDF format from the official supreme court website.
From Metro-Goldwyn-Mayer Studios v Grokster, Donald Verrilli representing the petitioners:
...and let me pick out the iPod as one, because it's the most current example, I guess. From the moment that device was introduced, it was obvious that there were very significant lawful commercial uses for it. And let me clarify something I think is unclear from the amicus briefs. 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...
(emphasis added)

February of 2006
Copyright Docket No. RM 2005-11, page 22, available in PDF format from the official US Copyright website.
...creating a back-up copy of a music CD is not a non-infringing use, for reasons similar to those the Register canvassed in detail in her 2003 determination that back-up copying of DVDs cannot be treated as noninfringing.47 2003 Rec. at 102-08. While we recognize that access controls may in some circumstances affect copying, the fact remains that there is no general exception to the reproduction right to allow back-up copying (except the limited exception in § 117 for computer programs)48 and thus no justification for allowing circumvention of access controls for this purpose.
(emphasis added)

From page 40 of the same document:
Even if CDs do become damaged, replacements are readily available at affordable prices.
(emphasis not needed, it's pretty obvious)

Conclusion:
It appears the RIAA is not interested in the consumer's right to have full use of the product they purchase. Imagine purchasing a car and being told you were not allowed to fix it when it broke, but instead were encouraged to purchase a replacement car at an "affordable price".

Purchasing CDs and supporting bands backed by the RIAA only encourages them and shows that they are able to rewrite Fair Use policy anytime they wish. I, for one, will not be supporting this organization until they change their policies.