Is ripping illegal? Ridiculous!

What is ripping?

Ripping also allows content to be losslessly copied for a very low or essentially zero cost and given to those who did not purchase it, possibly substituting for sales of content. Hence it has aroused fierce opposition by the recording industry, who view it as theft.

Since the music or video is transferred to a data file, the files can be shared with other computer users over the Internet.

Although it is legal in the United States to make backup copies of software, the legality of ripping music for personal use without the permission of the copyright holder is controversial. Historically, copying media for personal use was established to be Fair Use under U.S. Copyright by the Supreme Court in the Sony Betamax doctrine. On the other hand, the RIAA, which represents many music copyright holders has maintained that copying rights have not been granted to end users and that Fair Use does not apply.

Depending on the outcome of the trial including the RIAA v. Jammie Thomas, even ripping a cd without permission from the owner of the copyright, even for personal use may be illegal.


Download Uproar: Record Industry Goes After Personal Use

Excerpt:

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."

Comment: I understand that giving away a digital file of a ripped CD would be a copyright violation, it makes no sense that making a digital file of a CD that I own to be used by me personally (on an MP3 player or an IPOD) would be illegal. This case will be watched closely!