In a
filing
to the US government concerning digital rights management the RIAA and other
copyright industry associations said the fact that CD ripping is widespread does
not make it legal.
"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 authorisation," the filing
stated.
"In this regard, the statement attributed to counsel for copyright owners in
the MGM v. Grokster case is simply a statement about authorisation, not about
fair use."
This is a complete reversal of the RIAA's previous policy. In last year's
Supreme Court MGM v. Grokster case a representative of the RIAA described
ripping a CD and putting it on an iPod as "perfectly lawful".
"It is no secret that the entertainment 'oligopolists' are not happy about
space-shifting and format-shifting," said the
Electronic Frontier Foundation
in a statement. "But surely ripping your own CDs to your own iPod passes muster.
"
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