December 13, 2007
Judge Wake & the RIAA… on crack?
The Lunatics thought they’d seen everything, but hold the phone!
The judge’s decision in Atlantic vs. Howell makes it illegal to copy music from your CD onto your PC’s hard drive to upload it to your iPod. And of course, the RIAA agrees. That’s right, the CD you bought and paid for can’t be ripped and stored on your computer.
When sued by Atlantic Records, Pamela and Jeffery Howell defended themselves without an attorney and with a very simple defense. They maintained that the MP3 files on their PC’s hard drive are and “always have been” for private use. Their response reads, “The files in question are for transfer to portable devices, that is legal for ‘fair use.’” The Honorable Judge Neil V. Wake disagreed. It seems even if you bought the CD, the judge thinks you have to buy the download if you want to put it on a personal device.
The Lunatics want some of whatever Judge Wake is smoking.
Is there a disclaimer on a CD that says, “You Don’t Own This”?
On top of that, the RIAA jumped on this absurd decision and changed their position on CD ripping. So now according to the RIAA, ripping from a CD you bought is not fair use, even though they previously condoned such activity.
How could the RIAA possibly think this is going to help failing CD sales? This isn’t what trade associations do, is it?
Well first off, No Judge can rewrite Copyright Law nor render any verdict that goes against any current laws. If a Judge did indeed make this decision that Judge needs to be REMOVED from duty and return to Law School. Get me the info and if true I will be more than happy to visit Judge and explain “Fair Use” as defined under U.S. Copyright Laws.
Now as for RIAA, I would LOVE to have them tell me I cant rip a CD and put it on my ipod. RIAA has made statements in the past saying it IS OK.
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.
So someone is Wrong here and this Judge is an Idiot. I would LOVE to see RIAA or a Judge tell me I cant make a copy of a CD for my ipod. I would tell the Judge he has NO Authority what so ever to make that decision, he needs to return to Law School and he can kiss my butt. YES I have been a smart ass with several Judges in the past and sure I will be in the future. (Having a copy of related Laws with me Im sure has been my only saving grace)
Now I should also add that I have been active in the Entertainment/Music industry for 20+ years and if I was told No One can copy/rip a CD for personal use anymore I know for a FACT you would see me on the News.
Personal Notes:
Judge Wake: Get your crap together or get off the bench, you have No Clue what your talking about and you cant change Laws.
RIAA: Violating Copyright and Pirating are one thing but to make copies for “Personal Use” is far from Illegal. Your money would be of better use to Reward your customers not drive them away. Oh yeah I have 1500+ songs I have riped from CDs to put on my ipod, come take me to court or shup up.
Roumor has it, since Industry Professionals are now more anoyed with RIAA than consumers, the days of RIAA are numbered. When artist start leaving the lables and ALL research (except RIAAs) show file shareing is NOT the reason CD sales are down, it seems the only group in the dark is RIAA.
Comment by MuzikDudenc — December 14, 2007 @ 11:40 am