Watch Out, iPod Owners!

The recording industry is getting pretty feisty these days. They've been going after illegal file sharing for awhile (as they should), but now they're stating in their legal arguments that it's unlawful for you to take a CD you purchased and copy it to your own computer:

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."

It's clear that to the recording industry you are a crook, regardless of what you actually do with the legally purchased music you possess. If the purpose of these lawsuits is to help the recording industry, this one is going to backfire. For most people with MP3 players of some sort, about the only way to get your legally purchased music on those devices is to copy your CD into your computer and then update the device. In other words, if you use the software provided by Apple in the manner it's designed to be used with your iPod, the recording industry thinks you're guilty of piracy. Who's going to pay the fine, you or Apple?

I'm not sure how that violates any copyright laws if you're using the music for your own personal use. If that argument is upheld it will either kill the MP3 business or the CD business. Neither one will benefit the recording industry.