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Thread: RIAA sues man for ripping his OWN CDs...

  1. #1
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    Post RIAA sues man for ripping his OWN CDs...

    http://www.washingtonpost.com/wp-dyn...122800693.html

    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.

  2. #2
    Moderator Roody's Avatar
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    Guess the RIAA needs to come and sue me then because I have burned copies of all of my CD's on to my server. I don't give them to others to use, but they are here for my personal use.

  3. #3
    Second Most EVIL YARDofSTUF's Avatar
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    Aren't we allowed to have a backup, or is that only imaginary now?

  4. #4
    Moderator Roody's Avatar
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    Quote Originally Posted by YARDofSTUF View Post
    Aren't we allowed to have a backup, or is that only imaginary now?
    Yes you are. The RIAA is reaching bigtime here, and they won't be successful.

  5. #5
    resident plumber Mark's Avatar
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    how did they find out he had them ripped to his PC, if he wasn't sharing them who would know ?

    AFAIK it is not illegal to make copies for yourself as long as you own them.

  6. #6
    Moderator Roody's Avatar
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    Quote Originally Posted by Mark View Post
    how did they find out he had them ripped to his PC, if he wasn't sharing them who would know ?
    That's a very good question actually.

  7. #7
    Resident Rodent Randy's Avatar
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    Your Supposed To Put The Cd's In The Drive One At Time. And Your Not Supposed To Let Any Data Go From The Drive Thru The Computers Hard Drive Or Ram.

    Don't Invite Any Friends Over While Listening To Music Because That Is Called File Sharing.
    If You Want To Dance With Someone You Have To Have Them Bring Their Own Legal Copy And Try And Listen To 2 Cd's At The Same Time.

    I was going to post a link to that thread, but the SG search results for "bullsh|t" were too numerous

    sometimes you have to think outside the box to get inside the box .

  8. #8
    Junior Member zooner's Avatar
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    Quote Originally Posted by Randy View Post
    Your Supposed To Put The Cd's In The Drive One At Time. And Your Not Supposed To Let Any Data Go From The Drive Thru The Computers Hard Drive Or Ram.

    Don't Invite Any Friends Over While Listening To Music Because That Is Called File Sharing.
    If You Want To Dance With Someone You Have To Have Them Bring Their Own Legal Copy And Try And Listen To 2 Cd's At The Same Time.
    stereo!
    Strap It On Whenever It Seems Appropriate

    http://www.tomsclan.com

  9. #9
    Resident Rodent Randy's Avatar
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    Quote Originally Posted by zooner View Post
    stereo!
    yes thats the idea behind it

    I was going to post a link to that thread, but the SG search results for "bullsh|t" were too numerous

    sometimes you have to think outside the box to get inside the box .

  10. #10
    Elite Member Jim's Avatar
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    The **AA has long been against the concept of space-shifting, and in all honesty, this doesn't surprise me. Hell, I'm sure most of the people here remember RIAA v. Diamond Multimedia as a perfect example of this.

    For the most part the courts will side on the consumer on this one. That's assuming the DMCA Monster doesn't decide to crash the party though...

  11. #11
    ♫♪ ♫♪ ♫♪ ♫♪ downhill's Avatar
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    It'll be a loosing battle. The face of recorded music is/has been shifting toward digital on your puter for a while now.

    In the audio world, the new big thing is outboard USB DACS feeding your equipment and stored via FLAC on mega hard drives.

  12. #12
    Ohh Hell yeah.. Sava700's Avatar
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    The RIAA along with the MPAA needs to step back and let progress and change happen..they can't stop it. The age of Digital media is here to stay and is the future...but you have to look at the writers strike going on for another issue where prices for movies may rise again way more than inflation is letting on. This is something that drives the stuff to the underground, prices are way to high...too many big wigs making the jack over the ones that did the music or did the acting.

  13. #13
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    Can we still copy with floppies?

    [ link ]

  14. #14
    Advanced Member MetalHead324's Avatar
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    screw them.

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    Quote Originally Posted by Sava700 View Post
    The RIAA along with the MPAA needs to step back and let progress and change happen..they can't stop it. The age of Digital media is here to stay and is the future...but you have to look at the writers strike going on for another issue where prices for movies may rise again way more than inflation is letting on. This is something that drives the stuff to the underground, prices are way to high...too many big wigs making the jack over the ones that did the music or did the acting.
    That was the whole reason for the RIAA at it's inception, take back the power!
    Quote Originally Posted by Three Rivers Designs
    America! Love it or give it back!

  16. #16
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    So then wouldn't burning my itunes purchases onto a cd for my car be illegal?

  17. #17
    ♫♪ ♫♪ ♫♪ ♫♪ downhill's Avatar
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    Quote Originally Posted by Sava700 View Post
    The RIAA along with the MPAA needs to step back and let progress and change happen..they can't stop it. The age of Digital media is here to stay and is the future...but you have to look at the writers strike going on for another issue where prices for movies may rise again way more than inflation is letting on. This is something that drives the stuff to the underground, prices are way to high...too many big wigs making the jack over the ones that did the music or did the acting.

    Umm...a myth. Prices aren't too high. An LP when I was young, cost between 4 and 5 bucks. The price of a CD when they first came out was around 23 bucks.

    The cost now? I can get new CD's delivered to my door, depending but around 10 to 13 bucks.

    What's changed is the easy way to get recorded medium for nothing.

    Once tasted, the whole world and especially those who feel entitled to get everything for free, the notion that CD's and even DVD's are overpriced.

  18. #18
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    Sounds good, except that what he is being sued for is using KaZaa to distribute copies.

    I can't find the original coplaint on the 'net, but the summary judgement notes that he claims to have copied CD's he owned to his hard drive. The RIAA appears to have made no objection. The judgment against him is for the 54 recordings that the RIAA and the records companies claim he distributed, and which he acknowledges are (or were, before he cleaned his hard drive) in his shared folder.

    He claimed that a virus, malfunction, or an intruder did it.

    He lost. The original default judgement was reversed, and it is now back in the courts. I doubt that he will win on reconsideration.

  19. #19
    no. no, No. NO, NO... NO! stevebakh's Avatar
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    Out of curiosity... what happens when you receive a $200,000 fine? Do you pay monthly? What if you decide NOT to pay? What would the end consequence be? Surely there wouldn't be the possibility of jail-time for not paying? What would they do? Could the "authorities" automagically divert a fixed amount or percentage of your income each month?

  20. #20
    Elite Member Izzo's Avatar
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    Quote Originally Posted by stevebakh View Post
    Out of curiosity... what happens when you receive a $200,000 fine? Do you pay monthly? What if you decide NOT to pay? What would the end consequence be? Surely there wouldn't be the possibility of jail-time for not paying? What would they do? Could the "authorities" automagically divert a fixed amount or percentage of your income each month?
    The action was brought in civil court not criminal court. If you lost your case the RIAA would hold a monetary judgment against you and then they would have to try and collect it. They could try and attach wages or liens to property but in the end you could just file bankruptcy and discharge it. There is no criminal penalty for not paying your bills .....unless you're perpetrating a fraud.

    (it's a bit more involved than that)

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