Record Industry Goes After Personal Use? The case against Jeffrey Howell

image

This is a story that has spread like wildfire. In this article from the Washington Post, Marc Fisher discusses how the RIAA has gone after Jeffrey Howell of Scottsdale AZ for converting the music CD’s that he legally purchased to MP3 files. Unfortunately, Marc Fisher did not get the story straight. According to the pleading and supplemental brief submitted to the court, the RIAA is suing because Howell put the MP3 files in the KAZAA share folder. It is really a shame that this and several other reporters have either gotten the story wrong or deliberately sensationalized it because now this story is focusing on the reporting instead of the ever more apparent strategy of the RIAA.

Wes Phillips of Stereophile has written what I consider to be a pretty accurate article about this and the last three paragraphs hit the nail squarely on the head. The RIAA is looking for nothing less than the elimination of the Fair Use principle of the copyright law. The Fair Use principle is what allows you to make copies of copyrighted material. However, the RIAA has its own ideas:

The RIAA’s own web site spells out what they understand is illegal copying of copyrighted material:

Examples of easy ways you could violate the law:

  • Somebody you don’t even know e-mails you a copy of a copyrighted song and then you turn around and e-mail copies to all of your friends.
  • You make an MP3 copy of a song because the CD you bought expressly permits you to do so. But then you put your MP3 copy on the Internet, using a file-sharing network, so that millions of other people can download it.
  • Even if you don’t illegally offer recordings to others, you join a file-sharing network and download unauthorized copies of all the copyrighted music you want for free from the computers of other network members.
  • In order to gain access to copyrighted music on the computers of other network members, you pay a fee to join a file-sharing network that isn’t authorized to distribute or make copies of copyrighted music. Then you download unauthorized copies of all the music you want.
  • You transfer copyrighted music using an instant messenging service.
  • You have a computer with a CD burner, which you use to burn copies of music you have downloaded onto writable CDs for all of your friends.

In his article, Wes writes:

Although it burst as “news” on December 29, there have been indications that the RIAA has been headed in this direction for some time. At the triennial review of the Digital Millennium Copyright Act (DMCA), conducted last January by the US Copyright Office, the record labels alleged that, although consumers could make back-up copies without much trouble, such use was “not specifically authorized [by the labels] and should not be mistaken for fair use.”

During the Jammie Thomas trial, Jennifer Pariser, head litigator for Sony BMG, said, “When an individual makes a copy of a song for himself, I suppose we can say he stole a song,” adding that making personal copies was simply “a nice way of saying ‘steals just one copy.'”

Considering that the recording industry itself is slowly but surely moving into the Internet age and into a new business model, one has to wonder what is the RIAA doing?

Your turn to talk

Share this post :

Boomer Humor? Maybe not…

images

Yesterday, I received an e-mail newsletter from BOOMERING_jaLouthain that said the following:

A few weeks ago, I was watching an episode of that crazy TV show Boston Legal. The law firm, Crane, Poole & Schmidt, was defending a radio “shock jock”. He wasn’t a very young man, maybe in his late 30s, and he had made a statement on the air that old folks (like Boomers) should “just die” before they cost the nation so much in social security benefits and medical expenses. The radio station had fired him because he offended much of their listening audience which was in the Baby Boomer category. Shirley Schmidt, (aka, Candice Bergen, the quintessential Boomer, born in 1946) defended him and he won, because the radio station hired him to shock and that’s what he’d done.

Despite the fact that I totally believe in freedom of speech, I was shocked–shocked to think that he had a point. Boomers have always been the darlings of society–pampered, educated, admired, envied, even patronized. But now we’re just old folks like every other generation before us.

You audacious Generations Xers, Yers, XXLers, and Zers! Have you so quickly forgotten that we’ve given you the Internet, video games, remarkable health care, excellent working conditions and infinite electronic and satellite capabilities? Now that we’re old and retiring, you just want us gone?

It’s true, we will put a tremendous drain on Social Security and Medicare, there’s no question of that. And don’t expect medical and insurance costs to go down until the last one of us is a flower child in heaven. But have a heart, “Younguns,” we still have feelings, and we hope to have a lot more years to live as your parents, grandparents and great-grandparents. And don’t forget the most important aspect of all this: Someday you TOO will be old.

While this is being said in a tongue-in-cheek way, after the things that I have been reading in cyberspace, the comments here have a sting to them. I’m particularly bothered by the comment of the “things” that we have given as well as the comment that both, Social Security and Medicare will be nearly depleted. In all honesty, I’m not sure what to say or how to react. While a baby boomer will find it funny, the fact that we also brought a lot of pain to our children cannot be dismissed. Many of the articles and blogs that I’ve read speak of the pain caused by broken homes as a result of divorce. Other articles ask what will be left for them after we are done using up Social Security and Medicare and who is going to be left footing the bill.

I think that it is time for the Baby Boomers to look at the Generation X’s square in the face and say “I’m sorry.” Beyond that, I think it is time for the baby boomers to stop and listen to what the Gen. X’es have to say – they are , after all, our children.

Your turn to talk – What do you think?

Share this post :