[JPL] Download Uproar: Record Industry Goes After Personal Use

Eric Jackson eric-jackson at comcast.net
Wed Jan 2 11:55:12 EST 2008 

David Kunian wrote:

> Maybe it's time for labels to move back to vinyl, 

That wouldn't help. It's easy enough to copy from vinyl to CD. I just 
copied a song today for list member Ron Gill. Al it takes is phono cables.

I have a USB turntable that plugs right into my computer and comes with 
software for the Mac or Windows that allows you to record the audio but 
as I mentioned you can do it easy enough with just phono cables or maybe 
a stereo mini plug.

Eric Jackson
Mon - Thurs 8 pm - mid.
89.7 FM WGBH Boston
www.wgbh.org/jazz



> 
> but that's probably irrelevant because labels as we know them will be a 
> thing of the past like the dodo bird.
> 
>>
>>
>> +++++++++++++++++++++++++++++++
>> Labels at some point will have to sale their products and once out of 
>> the box, there is no save way to keep it form being "illegally" 
>> copied. It will be an eternal cat and mouse tech arm race.
>>
>> Luis Mario Ochoa
>> info at CubanMusicProductions.com
>> www.CubanMusicProductions.com
>> Tel: 416-654-5410
>>
>>
>> ----- Original Message ----- From: "jazzhead" <jazzhead at bellsouth.net>
>> To: <jazzproglist at jazzweek.com>
>> Sent: Tuesday, January 01, 2008 4:06 PM
>> Subject: Re: [JPL] Download Uproar: Record Industry Goes After 
>> Personal Use
>>
>>
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>>> +++++++++++++++++++++++++++++++
>>> Does anyone know specifcally how this person was found out by the RIAA?
>>> Also, I want to think there was an instance where a label released a 
>>> CD by an artist that you couldn't copy at all - who was the label and 
>>> artist? I can't remember offhand.
>>>
>>> I would think that in this day and time labels would simply block CDs 
>>> from being copied period - and just FTP their new releases to radio - 
>>> reviewers, etc.
>>>
>>> Mark Dove
>>> "Sounds of Jazz"
>>> "Cafe Jazz"
>>> Eclectic 89.1 WBCX
>>> http://www.brenau.edu/about/wbcx
>>>
>>>
>>>
>>> ----- Original Message ----- From: "Jazz Promo Services" 
>>> <jazzpromo at earthlink.net>
>>> To: <jazzproglist at jazzweek.com>
>>> Sent: Tuesday, January 01, 2008 6:05 AM
>>> Subject: [JPL] Download Uproar: Record Industry Goes After Personal Use
>>>
>>>
>>>> This week's sponsor:
>>>>
>>>> Seasons Greetings and Sunny Warm Wishes to Welcome 2008 from Lucky 
>>>> Jazz Music!
>>>>
>>>> Linda Ciofalo's Sun Set. featuring a smart set of 12 songs inspired 
>>>> by the sun Linda Ciofalo - voice, John DiMartino - piano, Joel Frahm 
>>>> - saxes, John Hart guitar, Marcus McLaurine - bass, Matt Wilson - drums
>>>>
>>>> 'For her newly released theme album Sun Set (Lucky Jazz Music) Linda 
>>>> Ciofalo selected tunes that explore heat, times of day, weather, 
>>>> light and other sunny topics. What her choices demonstrate is, 
>>>> first, how many great songs the sun has inspired and second, that 
>>>> gravitas isn'¹t necessary to create serious music. Ciofalo is a 
>>>> sophisticated singer and her voice carries a smile. It¹'s a winning 
>>>> combination.' ~ All About Jazz
>>>>
>>>> Business Contact: Heide Scott 516 457-1040   Email Jazzpact at aol.com
>>>>
>>>> www.LindaCiofalo.com
>>>>
>>>> +++++++++++++++++++++++++++++++
>>>> http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800 
>>>>
>>>> 693.html?referrer=emailarticle
>>>>
>>>> Download Uproar: Record Industry Goes After Personal Use
>>>> By Marc Fisher
>>>> Washington Post Staff Writer
>>>> Sunday, December 30, 2007; M05
>>>>
>>>> Despite more than 20,000 lawsuits filed against music fans in the years
>>>> since they started finding free tunes online rather than buying CDs 
>>>> from
>>>> record companies, the recording industry has utterly failed to halt the
>>>> decline of the record album or the rise of digital music sharing.
>>>>
>>>> Still, hardly a month goes by without a news release from the 
>>>> industry's
>>>> lobby, the Recording Industry Association of America, touting a new 
>>>> wave of
>>>> letters to college students and others demanding a settlement 
>>>> payment and
>>>> threatening a legal battle.
>>>>
>>>> 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.
>>>>
>>>> "I couldn't believe it when I read that," says Ray Beckerman, a New 
>>>> York
>>>> lawyer who represents six clients who have been sued by the RIAA. 
>>>> "The basic
>>>> principle in the law is that you have to distribute actual physical 
>>>> copies
>>>> to be guilty of violating copyright. But recently, the industry has 
>>>> been
>>>> going around saying that even a personal copy on your computer is a
>>>> violation."
>>>>
>>>> RIAA's hard-line position seems clear. Its Web site says: "If you make
>>>> unauthorized copies of copyrighted music recordings, you're 
>>>> stealing. You're
>>>> breaking the law and you could be held legally liable for thousands of
>>>> dollars in damages."
>>>>
>>>> They're not kidding. In October, after a trial in Minnesota -- the 
>>>> first
>>>> time the industry has made its case before a federal jury -- Jammie 
>>>> Thomas
>>>> was ordered to pay $220,000 to the big record companies. That's 
>>>> $9,250 for
>>>> each of 24 songs she was accused of sharing online.
>>>>
>>>> Whether customers may copy their CDs onto their computers -- an act 
>>>> at the
>>>> very heart of the digital revolution -- has a murky legal 
>>>> foundation, the
>>>> RIAA argues. The industry's own Web site says that making a personal 
>>>> copy of
>>>> a CD that you bought legitimately may not be a legal right, but it 
>>>> "won't
>>>> usually raise concerns," as long as you don't give away the music or 
>>>> lend it
>>>> to anyone.
>>>>
>>>> Of course, that's exactly what millions of people do every day. In a 
>>>> Los
>>>> Angeles Times poll, 69 percent of teenagers surveyed said they 
>>>> thought it
>>>> was legal to copy a CD they own and give it to a friend. The RIAA 
>>>> cites a
>>>> study that found that more than half of current college students 
>>>> download
>>>> music and movies illegally.
>>>>
>>>> The Howell case was not the first time the industry has argued that 
>>>> making a
>>>> personal copy from a legally purchased CD is illegal. At the Thomas 
>>>> trial in
>>>> Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, 
>>>> testified that
>>>> "when an individual makes a copy of a song for himself, I suppose we 
>>>> can say
>>>> he stole a song." Copying a song you bought is "a nice way of saying 
>>>> 'steals
>>>> just one copy,' " she said.
>>>>
>>>> But lawyers for consumers point to a series of court rulings over 
>>>> the last
>>>> few decades that found no violation of copyright law in the use of 
>>>> VCRs and
>>>> other devices to time-shift TV programs; that is, to make personal 
>>>> copies
>>>> for the purpose of making portable a legally obtained recording.
>>>>
>>>> As technologies evolve, old media companies tend not to be the 
>>>> source of the
>>>> innovation that allows them to survive. Even so, new technologies don't
>>>> usually kill off old media: That's the good news for the recording 
>>>> industry,
>>>> as for the TV, movie, newspaper and magazine businesses. But for 
>>>> those old
>>>> media to survive, they must adapt, finding new business models and new,
>>>> compelling content to offer.
>>>>
>>>> The RIAA's legal crusade against its customers is a classic example 
>>>> of an
>>>> old media company clinging to a business model that has collapsed. Four
>>>> years of a failed strategy has only "created a whole market of 
>>>> people who
>>>> specifically look to buy independent goods so as not to deal with 
>>>> the big
>>>> record companies," Beckerman says. "Every problem they're trying to 
>>>> solve is
>>>> worse now than when they started."
>>>>
>>>> The industry "will continue to bring lawsuits" against those who 
>>>> "ignore
>>>> years of warnings," RIAA spokesman Jonathan Lamy said in a 
>>>> statement. "It's
>>>> not our first choice, but it's a necessary part of the equation. 
>>>> There are
>>>> consequences for breaking the law." And, perhaps, for firing up your
>>>> computer.
>>>> -- 
>>>>
>>>> Jazz Programmers' Mailing List: jazzproglist at jazzweek.com
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>>>>
>>>
>>>
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>>
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>>
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>>
> 
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> 
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