Sony BMG's chief anti-piracy lawyer: "Copying" music you own is "stealing"

[GladiatoRowdy]

Sony BMG's chief anti-piracy lawyer: "Copying" music you own is "stealing"

By Eric Bangeman | Published: October 02, 2007 - 09:12PM CT

Duluth, Minnesota — Testimony today in Capitol Records, et al v. Jammie Thomas quickly and inadvertently turned to the topic of fair use when Jennifer Pariser, the head of litigation for Sony BMG, was called to the stand to testify. Pariser said that file-sharing is extremely damaging to the music industry and that record labels are particularly affected. In doing so, she advocated a view of copyright that would turn many honest people into thieves.

Pariser noted that music labels make no money on touring, radio, or merchandise, which leaves the company particularly exposed to the negative effects of file-sharing. "It's my personal belief that Sony BMG is half the size now as it was in 2000," she said, thanks to piracy. In Pariser's view, "when people steal, when they take music without compensation, we are harmed."

Pariser has a very broad definition of "stealing." When questioned by Richard Gabriel, lead counsel for the record labels, Pariser suggested that what millions of music fans do is actually theft. The dirty deed? Ripping your own CDs or downloading songs you already own.

Gabriel asked if it was wrong for consumers to make copies of music which they have purchased, even just one copy. Pariser replied, "When an individual makes a copy of a song for himself, I suppose we can say he stole a song." Making "a copy" of a purchased song is just "a nice way of saying 'steals just one copy'," she said.

Countless studies have shown that the majority of music on portable music players like the iPod comes from sources other than download services. For most people, that music is comprised primarily of songs "ripped" from CD collections to MP3 or some other comparable format. Indeed, most portable music players comes with software (like iTunes) which is designed to facilitate the easy ripping of CDs. According to Pariser's view, this is stealing.

We've actually heard something similar to this view before. As part of the 2006 triennial review of the effectiveness of the DMCA, a number of content-related industries filed a joint reply with the government on the effectiveness of the DMCA and the challenges that lay ahead for copyright. The argument relating to CDs espoused in the joint reply could be summarized: although nothing has prevented consumers from making backups of CDs, this cannot be construed as authorization from the music labels for them to do so. Thus, there has been no authorization of said backups, and the coincidental ability to make backups currently should not be mistaken for fair use.

Pariser's views appear to be similar, insofar as she clearly suggests that consumers have no right to make backups of the music that they have purchased in CD form or even in download form.

http://arstechnica.com/news.ars/post...-stealing.html

[GladiatoRowdy]

Is it just me or has the record industry jumped the shark with their protestations of how much piracy has affected them?

There was a recent study that showed that the people who are the biggest users of file sharing services are also by far the largest purchasers of music. The conclusion the researchers came to, IIRC, was that people use P2P like people in prior times used radio: to evaluate music to figure out what they want to buy.

The music industry is really reaching if they are really trying to claim that I can't take the 600 CDs that I purchased and rip them to MP3 for my own personal use.

[TeamUSA]

greed, greeed, greeeeed.

Out of the 15 dollars we pay for each CD, at least 10 dollars is net profit.

[thadeus]

Originally Posted by TeamUSA greed, greeed, greeeeed. Out of the 15 dollars we pay for each CD, at least 10 dollars is net profit.

And very, very little of that goes into the artist's (if there are any artists left on major labels) pocket.

[KingCheetah]

I haven't bought a new CD in a store in years -- I have no plans to start again either.

I'm not using any illegal sources to buy music -- i'm just not getting any new stuff which kind of sucks. There needs to be another option -- the all of MP3 model was the best i've seen so far.

[TeamUSA]

Originally Posted by thadeus And very, very little of that goes into the artist's (if there are any artists left on major labels) pocket.

and still they can afford to live in mansions..

I'm not sure how much portion goes to the artists but for record sales I think a larger part of it should go to the composers and marketing. The artist however should get a bigger slice from concerts or tour since it's a major hardwork ontheir end.

[rimrocker]

I haven't bought anything new in years either... well, except some kid stuff.

I've downloaded or converted every album, cassette, and 8-track I ever owned and am totally unrepentent. I paid for the music, not the medium. I gave the music industry way too much money when I bought the same music in albums and 8-tracks, cassettes, and CDs. Now that I have everything I ever bought stored on my computer, I can migrate the music across time and medium at my convenience and I don't have to pay the industry for the planned obsolescence of their media anymore. Screw them.

[bnb]

How did you convert cassettes and records?

How's the quality from the cassettes?

[rrj_gamz]

I'll buy a CD every now and again, but mostly download it...

He can kiss my ass as it's not stealing...If I bought it, I own it...

[emjohn]

Importing your CD collection onto your mp3 players is stealing.

It continues to amaze me how dead set this industry is on killing itself.

Imagine if Hollywood today was crying theft anytime someone DVR'ed a TV show.

Pathetic.

Hey guys, here's a twist, why don't you look at the quality of your gone-to-crap industry for once? Been sliding downhill since about 1975....

Evan

[kpsta]

I'd like to show her some file-sharing... and throw a big turd in her face...

To suggest that I can't make a copy of something I've already purchased to protect the investment is idiotic. Some of the CDs I own were hard to find or are now out of print. I take really good care of my CDs, but for some of the ones I've owned for 10+ years, they just end up deteriorating with repeated playings. It's so disappointing to put in a CD you've owned a while and have it start skipping because of a tiny scratch.

I'd love to convert the vinyl I have to mp3. Anyone around here do this at home? Aside from the analog-digital converter box, what else do you need? Any recommendations for good equipment? How do you edit out the inevitable pop/hiss from the tracks?

[TeamUSA]

Originally Posted by bnb How did you convert cassettes and records? How's the quality from the cassettes?

Casettes are supposed to have a higher quality than CDs just like film camera and digital ones.

I have lots of tapes as well so I wonder if I download an mp3 version of it from the net, will it count as stealing?

[rimrocker]

Originally Posted by bnb How did you convert cassettes and records? How's the quality from the cassettes?

Went on the web and got 'em.

[bnb]

So you...um...STOLE them then .

And 8-Tracks. Dude...seriously.

Anybody know how to convert vinyl? I'm not as savy or trusting with downloads.

[hotballa]

Originally Posted by bnb So you...um...STOLE them then . And 8-Tracks. Dude...seriously. Anybody know how to convert vinyl? I'm not as savy or trusting with downloads.

http://www.musiciansfriend.com/produ...58&src=3WFRWXX

thank me later :D

[pirc1]

Originally Posted by bnb So you...um...STOLE them then . And 8-Tracks. Dude...seriously. Anybody know how to convert vinyl? I'm not as savy or trusting with downloads.

Yes, there is a machine that does this work.

[rimrocker]

Originally Posted by bnb So you...um...STOLE them then . And 8-Tracks. Dude...seriously. Anybody know how to convert vinyl? I'm not as savy or trusting with downloads.

Hey, I'm old. When I started driving, 8-tracks were the only alternative to KRBE.

And no, I didn't steal them. Regardless of what the law says, I had already paid for the intellectual content of the music. When you buy a CD, album, 8-track, or cassette you are not buying that physical thing. You are buying the music it holds.

[halfbreed]

Originally Posted by emjohn Imagine if Hollywood today was crying theft anytime someone DVR'ed a TV show. Evan

It's coming soon enough.

I'm writing a student note on the whole RIAA litigation and if they prevail on claiming that "making available" is distribution, expect them to start targeting satellite radio receivers that record and DVRs. Of course, all they'll want is for the broadcasters to pay twice for the content instead of once; once for public performance and once for distribution.