Calls them "unauthorized copies."
In an Arizona case against a defendant who has no legal representation, Atlantic v. Howell, the RIAA is now arguing — contrary to its lawyers’ statements to the United States Supreme Court in 2005 MGM v. Grokster — that the defendant’s ripping of personal MP3 copies onto his computer is a copyright infringement.
The RIAA’s brief makes the novel contention, contradicting its lawyers’ arguments at the Supreme Court in MGM v. Grokster, that making personal copies of songs from one’s CD onto one’s computer is an infringement.
In the US Supreme Court, the record company lawyers said:
The record companies, my clients, 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. There is a very, very significant lawful commercial use for that device, going forward.
Now on page 15 of its brief in the current case of Atlantic v,. Howell, the RIAA states the following:
Virtually all of the sound recordings on Exhibit B are in the “.mp3” format. (Exhibit 10 to SOF, showing virtually all audio files with the “.mp3” extension.) Defendant admitted that he converted these sound recordings from their original format to the .mp3 format for his and his wife’s use. (Howell Dep. 107:24 to 110:2; 114:1 to 116:16). The .mp3 format is a “compressed format [that] allows for rapid transmission of digital audio files from one computer to another by electronic mail or any other file transfer protocol.” Napster, 239 F.3d at 1011. Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs. Moreover, Defendant had no authorization to distribute Plaintiffs’ copyrighted recordings from his KaZaA shared folder.
And lo and behold we consumers get to try and figure out – at the risk of lawsuit – what the heck the RIAA is arguing to be either legal or illegal.
It’s enough to drive you crazy.
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So Is the RIAA going to have Undercover Agents Stopping Everyone walking around with MP3 Players and Demand that They show Proper Paperwork for the Tunes that They have on the Players ? .99 a tune x 1000 + songs Thats a Lot of Recipts to carry around ! Get Warrants to search your House to see if You have CD'S Vinyl Tapes and Match them up to Your Players Computers or CD-R's or DVD Discs. 70% of The U.S. would be in Court ! and I'm sure if International laws became Effective Half the World would be involved. Gee You think the RIAA has $ signs on that Thought !!!!!!!!!!!!
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