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jtbse
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Are U.S. Roku Owners Criminals? (Maybe)

Tue Dec 11, 2007 12:58 pm

Not specifically about a Roku product, but thought it might make for some interesting discussion amongst Roku customers. Mods, feel free to lock or delete the topic if you feel it's inappropriate for the forum.

Came across this article on Ars Technica today and thought members of these forums might be interested:

http://arstechnica.com/news.ars/post/20071211-riaa-those-cd-rips-of-yours-are-still-unauthorized.html

Basically, if the RIAA's view of fair use prevails, it means I'm a copyright infringer and a criminal, as is any Roku customer that rips their own CDs to play on a Roku device.

The RIAA's position wouldn't normally concern me very much, except for what seems to be a disturbing trend in the US for our esteemed Congresspersons (as well as members of the current Executive Administration), who are pretty clueless about technology, to side with the "Big Content Lobby" on most issues.

I'm no lawyer, but from what I can tell, the definition of what's covered under "Fair Use" as it pertains to ripping CDs to other digital forms is unclear and untested. Sometimes I wish the courts would decide once and for all, but if they do, I'm worried we won't like the answer.
 
wideasleep1
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Tue Dec 11, 2007 10:39 pm

The testimony of an RIAA attorney when prompted by another RIAA attorney. We already know what they think...it's all in what they can get by with, by either a judge or jury, and I seriously doubt the RIAA wants to test this Fair Use challenge directly...this is an attempt to whittle away at it though.
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amdb7
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Re: Are U.S. Roku Owners Criminals? (Maybe)

Wed Dec 12, 2007 8:16 am

jtbse wrote:
Basically, if the RIAA's view of fair use prevails, it means I'm a copyright infringer and a criminal, as is any Roku customer that rips their own CDs to play on a Roku device.


Well, here is some info from RIAA itself:
http://www.riaa.org/physicalpiracy.php? ... ne_the_law

Copying CDs

* It’s okay to copy music onto an analog cassette, but not for commercial purposes.
* It’s also okay to copy music onto special Audio CD-R’s, mini-discs, and digital tapes (because royalties have been paid on them) – but, again, not for commercial purposes.
* Beyond that, there’s no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns so long as:
o The copy is made from an authorized original CD that you legitimately own
o The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying.

* The owners of copyrighted music have the right to use protection technology to allow or prevent copying.
* Remember, it’s never okay to sell or make commercial use of a copy that you make.

-----

Whew! I feel better now.
 
rem
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Thu Dec 13, 2007 1:14 am

quote from:
http://arstechnica.com/news.ars/post/20 ... rized.html
When asked by the RIAA's lead counsel whether it was wrong for consumers to make copies of CDs they have purchased, Jennifer Pariser replied in the negative. "When an individual makes a copy of a song for himself, I suppose we can say he stole a song," said Pariser. Making "a copy" of a song you own is just "a nice way of saying 'steals just one copy'," according to Pariser.


quote from:
http://www.riaa.org/physicalpiracy.php? ... ne_the_law
However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns so long as:
* The copy is made from an authorized original CD that you legitimately own
* The copy is just for your personal use.


now i'm really confused. so which is it, riaa?
rem
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waynedunham
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Thu Dec 13, 2007 4:50 am

rem wrote:

now i'm really confused. so which is it, riaa?


Whichever one that:

a) causes the most confusion
b) decreases CD sales the most
c) causes you to pull out the most hair from your head
Wayne Dunham
 
hinten
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Mon Dec 17, 2007 9:05 pm

I'm also a pirate. Aaarrrgggghhhh!
 
ricktuxedo
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Location: Central Illinois

Sat Jan 19, 2008 8:59 am

rem wrote:
quote from:
http://arstechnica.com/news.ars/post/20 ... rized.html
When asked by the RIAA's lead counsel whether it was wrong for consumers to make copies of CDs they have purchased, Jennifer Pariser replied in the negative. "When an individual makes a copy of a song for himself, I suppose we can say he stole a song," said Pariser. Making "a copy" of a song you own is just "a nice way of saying 'steals just one copy'," according to Pariser.


I believe Jennifer Pariser retracted that comment a few days later, when she found she'd misconstrued the context. She apparently missed the point that the question pertained to making a copy of a song from a CD you legitimately own. She had thought the situation was making a copy of a song from someone else's CD.

Rick

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