Posted on 02/13/2006 11:02:23 AM PST by nickcarraway
If you sell your iPod and don't remove your music first, you could find yourself with the Recording Industry Ass. of America (RIAA) breathing down your back. The organisation last week told sellers in the US that doing so is a clear violation of copyright law and warned them that it's sniffing out for infringers.
Apple's rapid iPod refresh schedule, not to mention those of its competitors, have generated a tide of old music player offers in classified ads columns and on sites like eBay. Rather too many sellers are shipping their old machines with music libraries intact - some we've seen even make a virtue of the fact.
But it's illegal, not only in the US but also in the UK and the rest of Europe. As, incidentally, is ripping all your CDs and LPs to MP3 then selling or even giving away the originals. By disposing of your physical media, you're ending your right to use the music they contain. The RIAA's point, made in an MTV online report (http://www.mtv.com/news/articles/1524099/20060209/story.jhtml) is that handing over music on a music player is no different from duplicating a CD and selling the copy.
The only way around the problem is to either erase the iPod, or make sure it ships with only copies of the music - downloads if that's how they were obtained, or the original physical media. And don't keep copies yourself.
They have a general point, but still miss the fact that copyrights aren't absolute. I looked up on how they interpret the Doctrine of First Sale, and it sucks. The law allows you to resell or destroy a "particular copy" of a copyrighted work. The RIAA makes the case that ripping your CDs to an iPod and selling the iPod and the music (let's say your oriringal CDs were destroyed) is not that "particular copy," which resided on the CD that got destroyed.
As usual, they miss the spirit of the law. You paid for it, you can resell it, just don't resell it more than once. But the secondary market hurts their pocketbook, so they'd like to get rid of it.
I actually hope all the new digital TVs regs pass - let's what consumers say when they can't record a TV program, or when they can record it, but have only 5 days to watch it before the cable company self destructs it on their DVR. or if they pay for a kids cable channel, but cannot make a DVD of a program to show their kids in the minivan.
only when it goes so far, that consumers are outraged by the laws, will anything change.
The iPod Updater software that also ships with the iPod allows you to restore it to factory condition.
Sony should understand the concept of illegal ... who violated the law by installing a rootkit on windows computers use to play their cds ... holier than thou
you can buy Ipods w/ music at Ebay
http://cgi.ebay.com/Used-2-GB-iPod-Nano-FULL-OF-MUSIC-up-to-30-ALBUMS_W0QQitemZ5866451361QQcategoryZ118264QQssPageNameZWD10VQQrdZ1QQcmdZViewItem
So far they've sued a woman who has never even used a computer. And they've sent the extortion letters to people who were hosting their own copyrighted works, just ones with file names similar to or the same as RIAA "artists" names.
Damn straight. By posting Sony's position, I wasn't saying I agreed with them, but pointing out how idiotic and deluded the labels can actually get up there in their tall buildings.
Why don't we just nuke the RIAA and have done with it?
You've probably violated some obscure provision of the patriot act.
RIAA bastards.
It is our IPOD and we will do with it as we please.
We can sell other copyrighted materials that we own such as DVDs, and so can we sell our IPOD, which includes copyrighted material.
The RIAA is way wrong here, as usual.
Deck chairs, Titanic, etc ...
Copyright was only intended for useful arts, things that benefit society.
Britney Spears doesn't count, so no, it isn't copyright infringement.
I did understand that; I was just elaborating on your position.
Do you really believe people don't have the right to sell things they buy?
We might as well shut down Ebay then.
The RIAA guys are probably some of the same people in Hollywood all stirred up about the NSA.
funnny thing. our gubmint is more worried about this than illegal alien invaders and other countries ripping off US drug patents.
I know people who burn DVDs. I refuse to engage in that practice, but if the MPAA decides to pull that stunt, I may have to start burning DVDs instead of buying them.
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