The RIAA is now asserting, in plain language with little room for interpretation, that ripping legally purchased CDs onto your computer is illegal, fair use (and years of VCR-related precedent) be damned:
Despite more than 20,000 lawsuits filed against music fans in the years since they started finding free tunes online rather than buying CDs from record companies, the recording industry has utterly failed to halt the decline of the record album or the rise of digital music sharing.
Still, hardly a month goes by without a news release from the industry’s lobby, the Recording Industry Association of America, touting a new wave of letters to college students and others demanding a settlement payment and threatening a legal battle.
Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.
[…]
The Howell case was not the first time the industry has argued that making a personal copy from a legally purchased CD is illegal. At the Thomas trial in Minnesota, Sony BMG’s chief of litigation, Jennifer Pariser, testified that “when an individual makes a copy of a song for himself, I suppose we can say he stole a song.” Copying a song you bought is “a nice way of saying ‘steals just one copy,’ ” she said.
Yup. We’re sure this is going to go over well. The story continues:
But lawyers for consumers point to a series of court rulings over the last few decades that found no violation of copyright law in the use of VCRs and other devices to time-shift TV programs; that is, to make personal copies for the purpose of making portable a legally obtained recording.
And the money shot, from the WaPo writer who clearly understands these things much better than the RIAA:
As technologies evolve, old media companies tend not to be the source of the innovation that allows them to survive. Even so, new technologies don’t usually kill off old media: That’s the good news for the recording industry, as for the TV, movie, newspaper and magazine businesses. But for those old media to survive, they must adapt, finding new business models and new, compelling content to offer.
The RIAA’s legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed. Four years of a failed strategy has only “created a whole market of people who specifically look to buy independent goods so as not to deal with the big record companies,” Beckerman says. “Every problem they’re trying to solve is worse now than when they started.”
There is zero chance that the RIAA will prevail with this “no ripping” doctrine. There is zero chance that they’ll manage to put the digital genie back in the bottle. There is zero chance that they can survive without a radical reevaluation of how they make money. It’s my fervent hope that an awful lot of these money-grubbing sue-happy weasels end up out of work in the very near future; they’ve got to be scared, what with developments like Radiohead’s online success and Madonna signing a deal with a concert promotor instead of a record label. Big labels aren’t required to make it or succeed anymore, and no one will miss them when they’re gone.