I appreciate the fact that the music business is in the midst of considerable turmoil. CD sales are abysmal, record companies are losing a lot of money, and music pirating has become fairly routine, prompting thousands of lawsuits from the RIAA against consumers. It’s an industry facing major, system challenges.
But if the music business wants to get back on track, this definitely isn’t the way to do it.
[I]n 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.”
According to the WaPo report, the music industry’s own website says that making a personal copy of a CD that you bought legitimately “may not be a legal right, but it ‘won’t usually raise concerns,’ as long as you don’t give away the music or lend it to anyone.”
It appears, however, that it’s raising plenty of concerns from the RIAA, which is taking a ridiculously hard-line. Indeed, it’s as if the industry is anxious to destroy any remaining goodwill it may have left.
And lest anyone think the controversy was an isolated incident, it’s not.
The Howell case was not the first time the industry has argued that making a personal copy from a legally purchased CD is illegal. At the Thomas trial in Minnesota, Sony BMG’s chief of litigation, Jennifer Pariser, testified that “when an individual makes a copy of a song for himself, I suppose we can say he stole a song.” Copying a song you bought is “a nice way of saying ‘steals just one copy,’ ” she said. […]
The industry “will continue to bring lawsuits” against those who “ignore years of warnings,” RIAA spokesman Jonathan Lamy said in a statement. “It’s not our first choice, but it’s a necessary part of the equation. There are consequences for breaking the law.” And, perhaps, for firing up your computer.
Matt Yglesias noted that, given this RIAA position, Hillary Clinton might be vulnerable to an expensive lawsuit, but I’d set my sights a little higher:
In the video linked below, we see that President Bush’s iPod contains songs by the Beatles; since no Beatles songs have been licensed for the iTunes Music Store yet, these must have come from ripped CDs. Remember last February, when the RIAA told a federal agency that ripping CDs is illegal? I wonder if they’ll bring charges.
Hmm, the RIAA vs. Bush. Who to root for, who to root against….