This is well past the point of absurdity.
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.
Now, Brutus and I have disagreed about the subject of the RIAA many a time on these pages. His points are from the view of a copyright holder, which is very well and good for him. Unfortunately for him, however, the RIAA happens to hold and defend many of the exact same views. Therefore, he often sees my assault on the RIAA to be an assault on his own views.
Nothing could be further from my intent. Brutus is not overcharging his customers for senseless drivel. (Parody can be so similar to the truth these days.) Brutus is not preventing his customers from using the limited rights to music that they have purchased derived via the infamous “Betamax” decision. Brutus is not mandating that a higher percentage of profits from music sales go to the RIAA, under the category of Publishing Royalties, than to the musicians and artists themselves.
This has gone to the point where you can no longer even consider a reductio ad absurdum fallacy, for things have already gone beyond where pure absurdity is commonplace. The demonization of individuals who rip a legally purchased CD simply to place it onto their legally purchased MP3 player is what has placed them beyond the absurd.
There is only one legal response to this strategy:
DO NOT PURCHASE ANY COMPACT DISCS FROM COMPANIES AFFILIATED WITH THE RIAA!
Zero. None. Zippo. Zilch. Nada. Rei. Nol. Ling. And many other words that mean the same as ‘0’.
If you enjoy a specific song by a specific artist, download the inevitable free promotional MP3 from their website and/or MySpace page. If you enjoy a specifc artist, go to their concert and buy their gear. But do not buy the album.
As the above chart supplied by David Byrne and Wired.com shows, only 1% goes to the artist from a given CD purchase. You can personally hand them a quarter on the street and they will make more money from your personal appreciation than they would via your purchase. Naturally, that would be insulting coming from a personal exchange. It would be demeaning. We give homeless people more spare change than that. So at least offer to buy them a beer.
But do it for them, and not for a record company that will turn around and try to make it illegal to move your own legally purchased recording from a physical format to a digital format.
Of course, there’s always Trent Reznor’s advice: