RIAA Targets Transferring Music to PCs

December 31, 2007 By Geoff Duncan

RIAA Targets Transferring Music to PCs

In court filings related to a file-sharing lawsuit over file sharing, the RIAA has come out and said it believes transferring music from legally purchased CDs to a computer is illegal.

The Recording Industry Association of America (RIAA) hasn’t won many friends in the public sphere lately, what with filing tens of thousands of lawsuits against music fans believed to be distributing music online in violation of copyright, sending letters to college students and others threatening legal action unless they pay a settlement, and (of course) falsely targeting many individuals in these actions.

But in an unusual move in a file-sharing case the RIAA is brining against Arizona resident Jeffrey Howell, RIAA attorney Ira Schwartz characterizes MP3 files Howell allegedly shared via the Internet as "unauthorized copies." (PDF) The catch? These are MP3 files Howell created from music CDs he legally purchased.

Although this is the first time the RIAA has made such a claim in court filings, it is not the first time the organization has floated the concept that transferring music from a legally-purchased CD to a computer for personal use constitutes an "unauthorized copy" in violation of copyright law. Earlier this year, Jammie Thomas was ordered to pay $220,000 in damages for songs she shared online; in that case, the head of Sony BMG’s litigation team Jennifer Pariser testified she believed transferring your own CDs to a computer constituted theft. According to Pariser, transferring a song to a computer for personal use is "a nice way of saying ‘steals just one copy.’"

The idea that transferring music from a legally purchased CD to a computer for personal use has commonly been considered to fall within the realm of "fair use," an exception to copyright law that permits limited use of copyrighted material without requiring permission from the copyright owners or administrators. However, this particular application of fair use has never been upheld by a court. By specifically citing transferring music to personal computers as an unauthorized copy, the RIAA is possibly hoping to set legal precedent that these copies are not protected by the fair use exception.

Conversely, if RIAA does not win the case, they may set precedent that such copies fall within the realm of fair use.

Howell maintains that the digital music files on his computer were for personal use only and transfer to portable devices, and were intended solely for private use.

Showing 4 comments

Catharine at 6:41pm 2nd January 2008 Interesting point, Stephen. I hadn't thought of that. It is fascinating to me that, complain though they might about people illegally distributing, sharing and downloading music via computers and the Internet, the RIAA seems hellbent on creating a world in which only by doing so can anyone have access to music they can actually listen to.

P.S. Shakespeare was right about the lawyers. They really just need to go. ~C~
Stephen Crowsen at 8:54am 2nd January 2008 I think it is forgotten that a CD is completely different from a phonograph cylinder, an old 78 record, an LP, and event a cassette tape, because it isn't actually music that is recorded on it. The information on an LP is basically a physical form of the analogue sound, the information on a CD is bits and bytes that are interwoven in such a manner as to be unintelligible without the aid of a "computer" to extract it and a digital to analogue converter to make it into sound.
As I see this issue there are two important points that need to be clarified: 1) What exactly does the RIAA define as "format shifting"? The music on a CD is interleaved, so you cannot extract the information in a sequential order and just play it (like the old LPs do). You need to store the information in RAM so you can rebuild the correct sequence of information before you feed it into a Digital to Analogue convertor. To just play a CD you could argue you need to "format shift" to produce sound. So what is it EXACTLY that makes it legal to extract information from a WAV file, store it in RAM, and then feed that information to a D to A convertor; but illegal to extract information from an MP3 file, store it in RAM, and then feed that information to a D to A convertor?
2) What exactly is a "computer"? If a computer is a central processor, some software, and some RAM, then you could argue you won't even be allowed to play a CD because that is exactly what is required to play a CD. It is arguable that difference between a CD player and a PC is the complexity of the computer.
zephxiii at 8:11am 2nd January 2008
greed -

–noun
excessive or rapacious desire, esp. for wealth or possessions.
[Origin: 1600–10; back formation from greedy]

—Related forms
greedless, adjective
greedsome, adjective

—Synonyms avarice, avidity, cupidity, covetousness; voracity, ravenousness, rapacity. Greed, greediness denote an excessive, extreme desire for something, often more than one's proper share. Greed means avid desire for gain or wealth (unless some other application is indicated) and is definitely uncomplimentary in implication: His greed drove him to exploit his workers. Greediness, when unqualified, suggests a craving for food; it may, however, be applied to all avid desires, and need not be always uncomplimentary: greediness for knowledge, fame, praise.
(ex. RIAA)

—Antonyms generosity.
(ex. Google)
Carlo at 5:04pm 1st January 2008 The RIAA sure is trying to chip away at our rights. They better not win this. Just because it's a CD and not a printed book doesn't take our our right to retain a copy for personal use. This has always been a part of fair use doctrine.