Record industry trying to fight ability of music fans to make private digital copies of physical CDs. The German Federal Constitutional Court in Karlsruhe recently upheld provision 53 of that country’s copyright law against a legal challenge by the record industry whom have against the provision for allowing digital copying of CDs for private use.
News link: here
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49 Responses
12.4.2009
Unless your company is named Apple.
12.4.2009
The way they see it, they are selling you the plastic disk, and permitting you to use the information the way they want you to. It’s like buying a book, and being told you can only read a certain number of pages per day. You’re also not allowed to share your book, copy any pages, or tear any chapters out to be combined into a new book.If they had their way, you’d have to pay 50 cents every time you wanted to listen to a song.
12.4.2009
Love you Herr judge!
12.4.2009
Of course it is. You can’t sell me something and then tell me what I can or can’t do with it.
12.4.2009
Some would argue the opposite…that the glorified music industry means no more original good music.
12.4.2009
Why the ***** wouldn’t it be?
12.4.2009
In another news, another judge just ruled breathing is legal too.
12.4.2009
lets not for get who is actually behind the MPAA – RIAA, these are the companies that need to be targeted and boycotted into changing their ways, purchase only 2nd hand media and do not purchase anything branded sony, why allow the fecktards to dictate Orwellian hardware DRM designed to take away rights not to stop piracy anymore.Name and shame the companies as all the **AA trade group name is for is to protect the corporate globalists from bad press.RIAA, CRIA, SOUNDEXCHANGE, BPI, PRS, IFPI, ASCAP, Ect:# Sony BMG Music Entertainment# Warner Music Group# Universal Music Group# EMIMPAA, MPA, FACT, AFACT, Ect:# Sony Pictures# Warner Bros. (Time Warner)# Universal Studios (NBC Universal)# The Walt Disney Company# 20th Century Fox (News Corporation)# Paramount Pictures Viacom—(DreamWorks owners since February 2006)====================================================================If Sony payola (google it) wasn’t bad enough to destroy indie competition you have this:Is it justified to steal from thieves? READ ON.RIAA Claims Ownership of All Artist Royalties For Internet Radio slashdot.org/articles/07/04/29/0335224.shtm …"With the furor over the impending rate hike for Internet radio stations, wouldn’t a good solution be for streaming internet stations to simply not play RIAA-affiliated labels’ music and focus on independent artists? Sounds good, except that the RIAA’s affiliate organization SoundExchange claims it has the right to collect royalties for any artist, no matter if they have signed with an RIAA label or not. ‘SoundExchange (the RIAA) considers any digital performance of a song as falling under their compulsory license. If any artist records a song, SoundExchange has the right to collect royalties for its performance on Internet radio. Artists can offer to download their music for free, but they cannot offer their songs to Internet radio for free … So how it works is that SoundExchange collects money through compulsory royalties from Webcasters and holds onto the money. If a label or artist wants their share of the money, they must become a member of SoundExchange and pay a fee to collect their royalties.’" dailykos.com/storyonly/2007/4/24/14132
12.4.2009
The point is that the RIAA and their international counterpart the IFPI is still trying lobbying and suing to try and make it illegal.
12.4.2009
I think you forgot the /s
12.4.2009
Nice move. Banning Scientology was another good idea. Germany are on the right track.
12.4.2009
thats gott damn right!
12.4.2009
Nein, nein, nein, nein!
12.4.2009
Way to look beyond the obvious of what I was talking about. If you are really clueless, you are the fanboi.
12.4.2009
Actually.. If it’s mandating stuff like the distributors shouldn’t encode junk on the CD to stop it the audio from easily being ripped, there’s nothing to stop me (as a British Citizen, living in the UK) buying CDs from Germany.From the sound of it though, the court just threw out the record industry’s case rather than making any judgement. They just read the existing legislation, worked out what applied, and stated that the (sensible) legislation applies.The fact is that many people who buy CDs these days don’t actually listen to them on a CD player, instead they rip, transcode them and listen to them on a personal music player, or music player built into a phone, or on their computer, or on the USB reading music player built into their refrigerator, and the German copyright law allows for that.Personally, I far prefer to buy back-catalogue stuff on CD from second hand music shops than downloading from Amazon, or whoever because it’s far more fun, it’s more hit-or-miss, and much more exciting when you find that rare extended version of something that never made the charts from 1984, but is really good.
12.4.2009
That’s a rare quality in a judge.
12.4.2009
They want you to buy MP3s of all the CDs you currently own.
12.4.2009
And that is not even just every time you listened to a song, but every time you wanted to. Or even if you didn’t want to and it was stuck in your head, 50 more cents.
12.4.2009
Isn’t it nice though that that doesn’t affect the United States or the European markets at all?
12.4.2009
In the US does exploitation of the analog hole count as violation of the dmca?
12.4.2009
Stupid but mildly funny. 1 digg for you.
12.4.2009
It’s only a DMCA violation if you circumvent copy protection. The CD standard has no copy protection, so you’re free to rip to your heart’s content.
12.4.2009
You can’t "own" vibrations in the air.
12.4.2009
Hell if they had their way, they’d erase your memory of ever hearing it too so you couldn’t replay it in your head.
12.4.2009
Welshie, your last paragraph reminds me of my vinyl-buying days, where, unless you were at a more elaborate record shop and could listen first, there was always the chance of it being more miss than hit.
12.4.2009
Gay marriage is legal there but Scientology is banned and ripping CDs is officially legal. I believe that all three are also correct for France.In the US, all of the reverse are true.
12.4.2009
Sony CDs are not CDs.
12.4.2009
The only reason the RIAA is opposed to ripping it that their mission is to destroy consumer value at every turn, usually in mindless ways. The ripping opposition is probably based on the idea that when we buy music we don’t really buy anything just the right to listen in some format or other. Ripping only makes sense if your purchase actually gives you the right to own copies of songs as opposed to just listening rights. Long ago I did the same thing with records, "ripping" them to high quality tape. I suppose at the time the RIAA or equivalent tried unsuccessfully to outlaw tape!
12.4.2009
You’re looking in the wrong places then.
12.4.2009
Too late. There’s already no more original good music anymore.
12.4.2009
It is already legal in the United States.
12.4.2009
There was an unofficial policy about home taping in the Cassette days in the US: As long as you didn’t sell the recordings, although it may have been technically illegal, they would not bother you. There were legitimate uses. Another legitimate use was taping copyrighted radio broadcasts for use in schools. If the industry would remove their craniums form their posteriors, and agree to a sane, rational fair use policy, and accept that their business model is out of date, they will get their fair share, or maybe more than their fair share of the profits. Assuming the music is good enough to actually make a profit! The industry needs to re-thin it’s entire business model, and that re-thinking needs to include a rational fair use policy.
12.4.2009
As far as corporations are concerned, you can own anything people will let you own. If people would let them, they’d patent the sun, charge you to breathe air, and require a license to pass on your genes.
12.4.2009
… Why SHOULDN’T ripping CDs be legal? Did someone really have an argument that I shouldn’t be able to put music from CDs I bought on my own personal MP3 player or PC?
12.4.2009
ripping CDs is legal. 1/3 is still failing.
12.4.2009
Sony CDs have copy protection…
12.4.2009
Correction – they’re BACK on the right track./s
12.4.2009
- But the real question is, how will they enforce the new breathing law? More at 6!
12.4.2009
O GEE THANKS GUYS.
12.4.2009
There was – and still is – OFFICIAL law in Germany to tape, backup, do whatever you like with media as long as it is for your very own personal and private use.
12.4.2009
oof
12.4.2009
You don’t need to use the analog hole in the US. It’s legal to make any type of personal backup, including digital. Unless you’re talking about DVDs, as that’s a different beast altogether (thanks anti-circumvention clause!).
12.4.2009
A good move by the German court!!
12.4.2009
Really. Why? Because she refused to exercise power over something that she shouldn’t have any power over in the first place.
12.4.2009
Win a major rationality for German!
12.4.2009
Ripping CDs was court tested many years ago.Making copies of your music for your personal use has been legal for decades in the US.So you "***** THE RIAA" morons can STFU and should probably learn the basics of your "cause" before you look like ***** eating morons, more so.
12.4.2009
A major German win for rationality!
12.4.2009
good news for German people