re my previous post:
not allowing "space-shifting" and "format changing" as fair use creates a few problems, namely in the on-line realm. and these are just what i would see as legal uses:
1. when downloading (and paying for) music for the purpose of putting it on your ipod - isn't that "space shifting" when you move it from computer to ipod? is that suddenly not going to be allowed?
2. what about backup copies? on the computer for the ipod. on the ipod for the computer. on a cd for either the ipod or the computer. on a cd as a backup for a cd so you don't have to take the original in the car and risk it being stolen. i believe that "backup copies" are expressly one infringing use they are looking to enforce. ("The same filing also had this to say: "Similarly, creating a back-up copy of a music CD is not a non-infringing use...."") are you going to guarantee that if my music is stolen out of my car or my ipod/computer is stolen or damaged so that the music is lost that you'll replace it for free? you're preventing me from making that assurance for myself.
granted, i know the riaa is trying to protect the interests of its members, but it seems to me that i read the amount of music being bought is going up, not down, especially with the ease of using the online stores like itunes and the fact that the average price of a cd is around $15 instead of $19. think of all the bands that give themselves an online presence just to get people to listen to their music. enough people listen and inform their friends, and you've got a grassroots following...and soon you might be signed. and then there's the stuff the signed bands release for publicity...
i guess i think they're making a bigger issue out of the bits that aren't costing them the bulk of the money they say their losing. fighting places like napster where people are bulk-sharing music i can see. going after sally smith who's making a backup copy of the music she downloaded off of itunes in case her computer crashes? c'mon. what do they think people will do? buy an electronic version AND a cd? uh, no. if anything, they'll see that people stop buying cds as much if they're not going to be able to put it on their mp3 player. as i recall, itunes gives me the right to make copies onto 5 computers or mp3 players, and they recommend that i burn it to cd to make a backup copy in case something happens. wonder if i'll still get to keep those rights for those songs since those were the conditions under which i bought the music.
personally, i think that the riaa needs to be whapped over the head with The 2x4 of Common Sense (tm) and quick.
Posted by kendra at February 20, 2006 11:11 PMGreat reading, keep up the great posts.
Peace, JiggaDigga