Say That Again

by Mike Masnick




Would You Believe The RIAA Would Go Back On Its Word?

from the shocking! dept

Following the news of the RIAA suing XM for daring to come up with a device that lets people record their satellite radio offerings, it seems worth reminding the RIAA how they swore up, down, left and right that they would never, ever file such a lawsuit. Ray Beckerman points to a press release quoting the head of the Consumer Electronics Association and the Home Recording Rights Coalition, Gary Shapiro, reminding the industry of their past comments. If you remember, during the battles concerning new laws (such as the INDUCE Act) or lawsuits like the Supreme Court's Grokster case, whenever anyone would point out that these laws would have effectively stopped things like the VCR or the iPod, the entertainment industry would say that was ridiculous. They would never file lawsuits to stop devices that allowed "private, noncommercial consumer conduct." Shapiro points out that: "The lawyer that signed the complaint against XM is the same lawyer who told the Supreme Court that ripping a CD to a PC and then to a handheld device (without paying any royalty) is lawful. He represents the same industry that, in seeking 'inducement' legislation, promised that it would never be applied against devices such as a TiVo personal video recorder." And people wonder why no one trusts the entertainment industry these days?

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  1. icon
    Mike (profile), 18 May 2006 @ 2:11pm

    Re: Re: Re:


    The RIAA isn't suing individuals for recording songs. They are suing XM for making a recording device that can record only copyrighted material.


    There's nothing wrong with making a device that can record copyrighted material. What law have you been reading?

    The Supreme Court is OK with things like Xerox machines, tape recorders and VCRs because they can copy anything whether it's copyrighted or not. But the Supreme Court is likely to feel very differently about a device that records only copyrighted music.

    Um. Wow. You need to go back and hit the law books again. You do realize that any piece of content has an automatic copyright on it? So, Xerox machines, tape records and VCRs copy only copyrighted material too.

    Hell, what about TiVo? Considering that it only records what's on TV, that's quite similar to the XM device and that's perfectly legal.

    The *actual* legal standard is if it has substantial non-infringing uses. And, recording something for private, non-commercial use is considered as such. Check out the home recording act...

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