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After conceeding as much in Grokster arguments, the RIAA is reversing course and claiming that ripping a CD to your iPod is Fair Use. Fred discusses the recent filing made by the RIAA filing over at EFF Deep Links. They are not saying this behavior itself was unlawful in the past, but rather that it was lawful only because they allowed it. "Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use." This is an interesting way to frame the issue and seems to me like they're trying to weasel out of any potential estoppel issues. I do agree with Brad in that the RIAA is trying to move towards a pay-per-play system, which is of course is the exact opposite from what consumers...
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Contrary to popular belief, CDs are not going away yet... at least until we solve underlying problems with digital music. Part of that is a looming digital music shakeout that some are predicting, and part is DRM that doesn't work : Ninety percent of his customers own iPods, according to Cullen, and many call in after first buying the system, wondering where their iTunes songs are. But after the company explains it is Apple’s DRM that prevents the file from playing, users universally respond that they will go back to buying CDs that they can then rip into non-DRMed audio files, Cullen said. I know I sound like a broken record, but I'm going to say it again anyways: the average consumer is willing to pay for content, but they want to feel like they are getting something of value in return. Part of that perceived value is the ability to consume the content in ways that the consumer, and not the content owner, sees fit. At the end of the day, legal interpretations aside, that's how the consumer...
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