[BC] Court rejects RIAA's 'making available' piracy argument

Tom radiofreetom at gmail.com
Thu May 1 09:45:08 CDT 2008


IF you're silly enough to BUY a "music" CD... I believe the only time 
you HAVE to use a "music" CD is if you have a dedicated CD Recorder - 
one that's not part of a general-purpose computer system.  A computer's 
CD-R/RW drive will burn music CDs onto a "data" CD just as easily as a 
"music" CD - and will have the same expected service life.  The ONLY 
reason for the "music" CD's higher cost is that FEE to the RIAA; the 
disk is identical quality to a "data" CD.

Kevin Tekel wrote:
> CNET (via Ernie Belanger) wrote:
>   
>> In Atlantic v. Howell, Judge Neil V. Wake denied the labels' motion for
>> summary judgment in a 17-page decision (PDF), allowing the suit to
>> proceed to trial. The argument--that merely the act of making music
>>     
> files
>   
>> available for download constituted copyright infringement--has been the
>> basis for the Recording Industry Association of America's legal battle
>> against online music piracy.
>>     
>
> If that "making available" argument held water, then every single public
> library would have to remove all their recordings from circulation,
> because a patron could check out a CD, take it home, and burn a copy of
> it.  But it seems that as long as some kind of physical recording medium
> is involved, the RIAA doesn't care much about piracy... don't they already
> get a royalty fee for every new blank "music" (as opposed to "data") CD-R
> disc sold?
>
>
>
>
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-- 
Tom Spencer
PG-18-25453 (nee' P1-18-48841)
http://radioxtz.com/
Part 15 transmitters on AM 640 and FM 100.1




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