Sccts guy contradicts RIAA document

[Chris Gehlker]

On Jan 4, 2008, at 8:48 AM, Technomage-hawke wrote:

> On Friday 04 January 2008 08:14, Chris Gehlker wrote:
>>
>> There are also two iPods in my family with songs ripped from CDs.
>> That's why I feel foolish that I initially believed the Washington
>> Post story. As the Motley Fool article points out, The RIAA would  be
>> adopting a position which would force Apple and Microsoft to supply
>> lawyers for the other side. The RIAA is evil but they're not quite
>> that stupid.
> There are days one has to wonder, given that greed can cause people
> (especially lawyers and CEO's) to do incredibly stupid things (anyone
> remember Enron?).
>
>>
>> I'm perfectly confident that the RIAA will leave me alone because  
>> they
>> would be utterly defeated it they tried to sue me for "stealing"  
>> music
>> within my own household.
>>
>> But hey, turn me in if you want to. Collect a reward if you can. I
>> wish you well.
> I have to ask this.... why are you deliberately trying to bait someone
> (anyone)?. I know it would be rather stupid of anyone on this list  
> (or off it
> for that matter) to go and file a report. their name would get  
> mentioned in
> court records, leaving them open for a countersuit (based on  
> malicious or
> defamatory prosecution). It also appears to be rather adversarial in  
> the
> extreme.

It should be obvious that I don't expect anyone to actually forward my  
post to the RIAA. I simply thought it was a dramatic way to point out  
that those who were arguing that I was simply to ignorant to  
understand that the RIAA was going to 'get me' for  ripping CDs for  
my  own use don't really believe their own argument. I read  the  
argument as trying  to scare me into agreement and just chose that way  
to dramatize that there really isn't a credible threat.

Your notion that I somehow could or would retaliate legally against  
someone that simply forwarded a post that I clearly can't deny I made  
and that I explicitly invited them to forward is both silly  and a  
little insulting.
>
>
> now, on to the real point here.
> it seems the RIAA 9and others) are going much the same way that Sony  
> did with
> the betamax scandle of the late 1970's (or how about the 1948  
> supreme court
> decision that labeled a major production firm as a "cartel" and  
> effectively
> criminalized the absolute control of a medium from production to  
> public
> display (the paramount decision)), the MPAA/RIAA are doing something  
> similar
> here by telling us that not only can we only listen to their works  
> on the
> media provided, but they we may not shift its format or have cause  
> to copy it
> from its original media (its like buying any old garden variety tool  
> and
> being told you can't use it as a hammer by force of law). It a major  
> way,
> this is a sign of a declining (or malfunctioning) business model.

I have absolutely no doubt that the record companies wish this were  
so. They  grew fat on reselling everyone music that they had already  
purchased once in the transition from vinyl to optical and they would  
love to grow fat again on the transition from optical to disk and  
static memory. My only assertion was that the evidence that they  
actually asserted a right to resell the music yet again in the Howell  
case was manufactured by a Washington Post reporter who elided a  
crucial phrase from a quote. I was rather shocked at the response  
since I was only asserting a simple fact that is easily checked.

> lastly, has anyone ever noticed that these creeps only go after  
> those at the
> end of the chain (the little old ladies or children or disabled  
> adults)?.
> they don't go after the source of the major violations for one very  
> good
> reason: those folks tend to shoot back (either with lawyers or  
> bullets).

Yep.
>
>
> in any case, the ridiculousness of it all hasn't sunk in yet with the
> politicians (and probably won't until a class action gets started).

You don't read the blogs of people who have spoken with Obama.

--
No matter how far you have gone on the wrong road, turn back.
  -Turkish proverb