iPods are Theft

[JJW009]

http://www.macuser.co.uk/macuser/phpbb/pos...=reply&t=196522

Ripping music from CDs and transferring it to an iPod does not constitute fair use, according to a document filed by the major record companies.



In a filing to the US Copyright Office, the Recording Industry Association of America (RIAA) attempts to undo a statement it made in court during the recent successful prosecution of the Grokster p2p company.



In court RIAA lawyer Don Verrilli said: 'The record companies 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.'



However in the Copyright Office filing the RIAA takes a contrary view.



'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,' it argues. 'In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorisation, not about fair use.'



In other words, explained Fred von Lohmann, senior staff attorney for the EFF, a leading digital rights campaign organisation, if you want to copy a CD to your iPod, get permission first.



'If I understand what the RIAA is saying, "perfectly lawful" means "lawful until we change our mind", he



 

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wrote in the EFF blog. 'So your ability to continue to make copies of your own CDs on your own iPod is entirely a matter of their sufferance. What about all the indie label CDs? Do you have to ask each of them for permission before ripping your CDs? And what about all the major label artists who control their own copyrights? Do we all need to ask them, as well?'

that's half of the article...



Basically... MP3 players are theft unless you have legal autherisation from the copy right holder to duplicate the music on them.



Hmmfff.... I thought we'd sorted this?!?!?!








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[belchingmatt]

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