Noticed that the top e-mailed story from the entire Washington Post site the other today was regular radio columnist Marc Fisher’s latest Report from the RIAA front, containing this loaded handgun of a paragraph:
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 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.
Huh? Ripping your CD (or vinyl, for that matter) into your PC is a crime? No wonder the music-blogosphere is burning up, and Jerry Del Colliano is hyperventilating. They can’t be serious! After all, the in the “Betamax case” (brought in 1976, ultimately settled in 1984) the Supreme Court famously said that home taping for “personal use” was OK — and thus the VCR and TiVo industry was born.
Ironically, in its initial response to the lawsuit, Sony in fact argued that the precedent of home-taping had been introduced by the cassette recorder, which was of course used for recording AUDIO only. So now the RIAA is seriously going to clamp down on the 21st-century version of this practice?
No, I don’t think they’re serious about it all. I think the clues to what’s really going on here lie in this analysis of the Betamax case by the Frontier Foundation:
It’s thanks to the Betamax ruling that the makers of VCRs and every other technology capable of infringing and non-infringing uses (e.g., personal computers, CD burners, the TiVo DVR, Apple’s iPod, and Web browsers) can continue to sell their wares without fear of lawsuits from copyright owners.
The whole article is pretty good — it really does suggest that RIAA sees another opening here to lay claim to more legal territory, and try to chip away a little more at the accursed Betamax ruling. It’s not you at home they’re after — it’s winning the hearts and minds of the Court. Doubt that anything so politically charged will happen in 2008, however…..