Record industry trying to fight ability of music fans to make private digital copies of physical CDs.
The German Federal Constitutional Court in Karlsruhe recently upheld provision 53 of that country’s copyright law against a legal challenge by the record industry whom have against the provision for allowing digital copying of CDs for private use.
The court dismissed the claim on technical grounds because the provision was part of the copyright law of 2003, and a claim has to be filed within one year of it taking effect.
The record industry had been trying to argue that it could challenge the provision based on the fact that the country’s copyright law was later revised again in 2008, resetting the clock for a potential challenge.
The court found that the provision allowing digital copying of CDs for private use was part of the 2003 copyright law and not the later revision and therefore unable to be challenged.
“The interpretation of the German Federal Constitutional Court is controversial, also among experts of German constitutional law,” said Stefan Michalk, managing director of the association of the German music-industry (BVMI). “Before filing the claim we were aware of the risks, but we had to take our chance because the fact of whether private copying is legal or not is of such a big importance for the record business. For us it is still very questionable that the court refused our claim for formal reasons.”
What’s sad is that the music industry would even try to fight the ability of music fans to make backup copies of purchased CDs. It’s emblematic of its long history of doing all it can to enrage its customers in the pursuit of maximizing profits.
But, it’s worth mentioning the music industry’s not alone. The MPAA has also argued that making even one copy of a DVD is illegal.
Stay tuned.
jared@zeropaid.com
Related Posts
- German court rules used software licenses illegal
- Appeals court blocks U.S. rules for anti-piracy TV technology
- Australian Court Rules Against KaZaA
- Canadian File Sharing Legal Eh?
- German court sets copyright levy on new PCs
Loading ...
The fact that they would even bother "challenging" this is insane. 1) the elephant in the room is that you can't play CDs on an iPod, so CDs must be ripped 2) "private use" is just that, private, so 3) how in the hell are they going to police this? Jane and John Average aren't going to care, who have also technically been breaking the law for 20 years by recording commercial television onto VHS (illegal, until recently, in Australia for example).
The music industry's name is mud, and the last thing they need is to frustrate consumers by meddling further with their Fair Use rights. They continue to throw the baby out with the bathwater by attacking their customers, instead of the *actual* pirates who sell pirated goods, who unfortunately are still rampant.
Well if ACTA leaks are any indication of intentions, they plan on searching all storage systems at border crossings to check for unauthorized copies of copyright materials. Should content be found they will be able to seize and destroy the hardware, fine the accused, and whatever else these deranged law makers have decided behind closed doors for years.
LOL, good luck with that. No matter how hard they try, we'll always find a way around it. Never fails.
Jess
http://www.privacy-stuff.be.tc
Next thing you know farting is going to be illegal.
Artists should stop selling their music in that country
Why, because they believe in consumer rights?
This nonsense is stupid. If I pay for a DVD/CD, then what I do with it (as long as it doesn't involve giving or selling copies to others who would have spent money buying their own original) is nobody's business but my own. If I make a backup copy to protect myself from financial loss due to the damage or destruction of a purchased disc, that is in NO way infringement on the intellectual property of anyone. If I make a digital copy that I can play on an MP3 player so I don't have to carry a library of CDs with me everywhere I go, that also infringes on no one.
Someone needs to slap some sense into these idiots and their lawyers…