Record Industry Goes After Personal Use

Found on Washington Post on Saturday, 29 December 2007
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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 industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

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.

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.

Unfortunately for them, there's something called "fair use". If you think about it, stealing a CD for real might actually be the best solution: Jammie Thomas has to pay $9,250 for every single song she's said to have downloaded. Lifting a CD from a shop is way cheaper and you're even really stealing; not copying. But an industry that cannot (or doesn't want to) grasp the simple difference between stealing (taking away) and copying (multiplying) is doomed.