February 16th, 2006
RIAA, MPAA, Others: Backups are not “Fair Use”
By Michael Santo
Contributing Writer, RealTechNews
You can read the full 54-page PDF here. It’s part of a review of the effectiveness of the DMCA (reviews must be conducted every 3 years). Ars Technica and the Electronic Frontier Foundation both have analyses of the document, and it seems evident that besides applauding the DMCA, the writers of the document would love to extend it. Some excerpts from the PDF and the analyses:
The submissions provide no arguments or legal authority that making back up copies of CDs is a noninfringing use. Even if CDs do become damaged, replacements are readily available at affordable prices. Source: Page 40, PDF
Ah, OK, so since we can pay again it’s OK to not allow backups.
Nor does the fact that permission to make a copy in particular circumstances is often or even “routinely” granted, see C6 at 8, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. Footnote, Page 22 of PDF
Just because you did it before and it was seemingly OK doesn’t mean it was really OK then or now.
The record companies, my 4 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. Source: Page 12, MGM vs. Grokster Transcripts, March 29, 2005, as noted in the EFF analysis
They seem to be conveniently forgetting this.
We Say: Comforting to know that I can buy stuff again if the media ever fails. And that just because they seemingly allowed it before, doesn’t mean they can’t prosecute me now. Grrrr.
Joe says:
We can back up and even compress a hard drive full of expensive software, but we can’t back up and compress PCM WAV files off a CD?
February 16th, 2006 at 9:35 am
John says:
Seems like the Grandfather clause of the law has no power.
February 16th, 2006 at 10:43 am
Tom says:
only money has power.
can citizens lease congressmen or are they for corporate use only?
February 16th, 2006 at 10:52 am
Comment says:
and this little pdf will stop…who?
February 16th, 2006 at 2:24 pm
Georgef says:
This is why I only buy CDs from the $2 bin, or Bangra compilations from the local Indo-Pak video & ect store, $5 for a full CD. I have given up on all other CDs.
February 16th, 2006 at 6:51 pm
SRB says:
This is the reason I do not buy music. I wonder if that has anything to do with thier reduced sales?
February 16th, 2006 at 9:05 pm
Jeff says:
I forbade my children from buying record label CD’s with my money because I did not want to fund any RIAA lawsuits against little old ladies or even myself. However, my children don’t always comply. Hmmm, maybe I should just sue my children … makes about as much sense doesn’t it ?
February 17th, 2006 at 10:57 am
mordin says:
On one hand, I think music buyers have the right to use the music in mulitple ways like put it on thier PCs or MP3 layers. On the other hand the idea that someone’s intitled to download music because they once owned it and their CD/record got damaged is wrong. Everything else I own doesn’t give me the right to ‘take’ another one when it breaks down or gets damaged.
February 20th, 2006 at 12:22 pm
Fuck! says:
Fuck,Shit,Fuck,Shit,Fuck,Fuck….
April 20th, 2006 at 2:36 am