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196 Comments
- Briankb68, on 10/12/2007, -0/+8HEADLINE
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RIAA says allowing a thief to steal your Ipod with preloaded music on it is also a copyright violation. You must fully erase before handing said device over or die in defending it.
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We now return to are previously scheduled digg already in progress - wiredathome, on 10/12/2007, -2/+7F*** the RIAA. It's our right to resell our music or iPod or any other MP3 player. If you buy a CD, can't you resell it back to a store or sell it to a friend? It's been done for ever and it will continue to be. If you have an MP3 player full of music that was purchased legally, then you have every right to sell that music or MP3 player. Again, F*** the RIAA.
- mayhemt, on 10/12/2007, -0/+3RIAA, what next? preloaded CDs to be banned?
- msgmsg, on 10/12/2007, -1/+4Hey RIAA: I hate music!
Grr, these executives who know nothing about computers and ipods don't deserve to be given this much power, or money. Even the artists complain about what the big wigs are doing (remember switchfoot posting on their website how to circumvent the DRM technology?) - tj_walker_dvt, on 10/12/2007, -0/+3Just stop buying your music from any of the major outlets. Start buying your music from the Indie labels or the indie bands. If enough people STOP doing business with these people, they just might listen. Remember, they need US not the other way around. Their business models depend on people who are willing to just purchase a license to listen to the material. The MPAA is in the same boat.
- volatileacid, on 10/12/2007, -1/+4The RIAA don't have the powers to BAN anything, get the fcking title right.
- vegasbright, on 10/12/2007, -1/+4How is it that these people can just write laws? Why is it that the lawyers are able to dictate what we can and cant do? Why, just because they have more money than the people they sue? This is ***** ludicrous.
- jav1231, on 10/12/2007, -0/+3[babytalk]Isn't he a cute little RIAA lawyer![/babytalk]
- beandog, on 10/12/2007, -1/+3I dont think its unreasonable if there are after cases where people are *making copies* and selling those instead of providing the originals with the sale.
- stealthboy, on 10/12/2007, -0/+2I just find it funny that the RIAA thinks it can ban something. It has no legal power to do that whatsoever. They can threaten all you want, but it's up to the courts to decide.
- inactive, on 10/12/2007, -1/+3> I don't see what the big deal is.
The big deal is that eventually, someone will accumulate all the music for any given genre... and then there will only be the need to acquire new music for the genre and the music industry will be screwed (not that they aren't already, but the will just be more screwed that they currently are). - green1152, on 10/12/2007, -0/+2Another indication of the desperate and out of control RIAA
- peerk, on 10/12/2007, -0/+2Makes sense.
You can't load up a 320 GB hard drive with pirated DVDs/software/mp3s and advertise it with XYZ stuff preloaded on ebay and expect not to get busted. - capajc, on 10/12/2007, -0/+2Most of you people are nuts. Of _course_ selling an iPod to someone and having all your music still on it is illegal. Holy *****. Same goes with selling them your PC with Windows XP still on it.
You do this, you need to give them all your CDs too. Then it's cool. - easygoing, on 10/12/2007, -0/+2I'm not certain if ITunes has anything about this in a EULA, but speaking of music in general I feel that if I pay $1 per song from a legal source, then I should also be able to resell the music for however much I can get for it as long as I provide evidence of my purchase to the buyer and possibly also a signed transfer of ownership form.
I feel RIAA is _completely_ out of control if they feel transfer of ownership on purchased music should be prohibited or prosecuted. - leonbev, on 10/12/2007, -0/+2When did the RIAA become the de facto judge of copyright law? Unless someone passes or amends a law specifically excluding the reselling of MP3 players with pre-downloaded content, their OPINION on the matter is meaningless.
Besides, if I decide to sell my iPod with downloaded free podcasts and indie music on them, it's none of their damn business. - shiftless, on 10/12/2007, -0/+1Oh, whatever. Like it's actually going to have any effect on the situation at all.
What if the preloaded music is Creative Commons licenced?
Suck it RIAA. I don't listen to any of your crap at all. Online netlabels have you beat. - chris86wm, on 10/12/2007, -1/+2I dont plan on selling or buying an ipod with preloaded music anyway.
but what the hell..........
***** THE RIAA! - 5blocksfree, on 10/12/2007, -0/+1Let's see...the signal to noise ratio regarding this article is about 1:20.
Wise up, people. Selling a pre-loaded iPod is quite obviously in violation of copyright. There is nothing unfair or unreasonable about the RIAA's concern in this case. - goszzy, on 10/12/2007, -0/+1didn't Apple sell the U2 iPod preloaded?
- sullivaduggit, on 10/12/2007, -0/+1>If you buy a CD, can't you resell it back to a store or sell it to a friend? It's been done for ever and it will continue to be.
Hmm maybe next they will put together a swat team to go and bust up all the Used Tape & CD stores. - serra, on 10/12/2007, -2/+3Eventually the RIAA will make it so you just can't even listen to music... ever.
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http://fuh-q.com - inactive, on 10/12/2007, -0/+1....
So if I sell my iPod loaded with indie music, they're going to sue me? I mean, seeing as how they do VERY LITTLE research before taking people into court, I wouldn't be shocked if they tried to press charges on somebody in such a situation. - freonchill, on 10/12/2007, -1/+2since when does the RIAA have the ability to BAN anything?
or make laws for that matter
oh wait... - noamsml, on 10/12/2007, -0/+1Next up:
RIAA Bans Reselling CDs
RIAA Bans Singing in the Shower
RIAA Bans Whistling on the Street
Congress Reminds RIAA That it is Not A Legistlative Body
All Congressmen go to a Vacation in Hawaai
RIAA Bans Drumming on Tables - grayBot, on 10/12/2007, -1/+2IF I BUY LAND...... I OWN IT AND CAN SELL IT
BUT IF I BUY MUSIC >......APPARENTLY THE RIAA OWNS IT.......FOREVER.....
***** YOU RIAA... I AM SINGING RIGHT NOW>.....SUE ME - inactive, on 10/12/2007, -1/+2F*CK the RIAA!!! When ever I decide to sell my 40 Gig Nomad I'm going to sell it with all the music. I wont erase a DAMN THING!!!!!
~mario - cambrown99, on 10/12/2007, -1/+2The recording industry would be a lot more profitable if they dropped all of the lawyers and lobbyists from their payroll.
- KentuckyRedNeck, on 10/12/2007, -0/+1And how is this different from all the pawn shops, music
shops and yard sales that offer used CDs?
The RIAA is nothing but a 21st century Mafia. - jonohull, on 10/12/2007, -0/+1"How do they have the legal power to ban something?"
Yeah, I know, is this in the DMCA or what? - Phoenixfury, on 10/12/2007, -0/+0As much as I don't like the RIAA, I think they for once have a reasonable argument. I rarely agree with the RIAA on anything, but I do agree with this. This in my opinion is an issue of ethics and not greed this time. I think it's fair enough that you erase that iPod if you plan on keeping your own music collection.
- DisposableRob, on 10/12/2007, -0/+0Sorry, marked "inaccurate". They haven't banned anything. This is technically illegal already. all they are doing is putting the word out that they are watching online sales of used players.
- brandonhines, on 10/12/2007, -0/+0You people can't really have thought that this was legal? Becuase you're actually BUYING bootleggs.
- timeshifter, on 10/12/2007, -0/+0You guys are too ***** easy to get going.
Just post a story to digg about how the stealing of copyrighted music is being slowed down and you can count on a bunch of knee-jerk ***** the RIAA comments.
Sad. - Midnightbrewer, on 10/12/2007, -0/+0This is where having only a digital copy of a song really falls down in terms of resale. If you had a digital copy only, then you would have to delete the original copy in order to truly transfer ownership of the song. You can't have your cake and eat it, too, after all. So in one sense, the RIAA is absolutely right in saying this is a bad thing - you're not just sharing songs with somebody else, you're illegally profiting from it. Unless you're selling the original CDs or selling music from bands who sanction this sort of thing, I don't think you should have the right to sell a pre-loaded iPod, either. It puts you in the exact same camp as people in Thailand selling DVDs of pirated movies for a dollar a pop.
That being said, it seems to me that songs that were bought directly from the iTunes store could technically be sold, so long as you could successfully prove that you'd deauthorized the seller's machine and then authorize the buyer's. However, I guarantee that the RIAA isn't interested in helping people figure out how to do this, as they'd much prefer that everybody buy their own copy and keep the profits coming in. I'm also pretty sure that the kind of people who are selling these pre-loaded iPods would suddenly find their generosity waning, as they'd be then selling them at a loss (since the only possible profit is in either getting the iPods wholesale, which I doubt Apple will allow, or keeping the original songs while selling the copies.) - Mekun, on 10/12/2007, -0/+0If you bought your music off itunes and the only copy you have is on the ipod is it illegal to sell the only copy?
- BlueBoiks, on 10/12/2007, -0/+0Well if you don't have a copy of the music thats on the iPod and you just want to get rid of it for a new one say, then it should be perfectly legal. Also doesn't Apple DRM prevent them from getting the music off the iPod without your account information? Also the RIAA can't BAN ***** they are a company, not a government body, they also don't have a license to do anything about this.
- DiscoLoke, on 10/12/2007, -0/+0I had less than 50 songs on my IPOD, I sold it last week and didn't notice I had an email in my inbox about it. Nothing is going to happen just seemed like a lame ass warning. An easy way to get around it is to not list the artists, just say "A nice compilation of good songs included" I paid for the songs, I should be able to sell it like a used CD, or a used RIAA President's mom ;)
- adkinsjm, on 10/12/2007, -0/+0The U2 iPod was not preloaded with music. You received a certificate in the box the get a discount off of their box set. For those who went to Matchbook Law School here, please understand the issue before you ignorantly comment.
- longman2g, on 10/12/2007, -0/+0tonyisbad, you cannot even give away the music, that is still infringing on their copyright. If I went out and made a bunch of CD's of music that i bought the liscense to, and then gave them to all of my friends, that would be a direct violation of their copyright, even though I didn't make a profit. Think about the word for a minute. Copy Right. They are the only ones who have the right to copy and redistribute the song. If you deleted the music off of your computer, then that would be fine. And if it were to come to court, it is up to them to prove that you did not delete it, not you to prove that you did.
- siouxmoux, on 10/12/2007, -0/+0It Way Too Little, Too Late for the Evil RIAA to come along to say this.
- TheTraveller, on 10/12/2007, -0/+0G.R.E.E.D.
- DenZ88, on 10/12/2007, -0/+0Ok then, I guess i'll just bundle these iPods with all the songs on a DVD-R... wait-- im not even selling my ipod..
And what if the songs are free? Is the RIAA going to hunt my ass down if I snatched a song off OCREMIX?
Suck my balls RIAA. - inactive, on 10/12/2007, -0/+0"And yet everyone here continues to buy music from them..."
Yup; too bad we have no choice :(. - sjpeck, on 10/12/2007, -0/+0They just don't get it!!!!
The more the RIAA try to control the who what when were how we use the music we buy the more it is creating criminals.
They need to get their heads out of their ass's. Every time I read about the RIAA I just feel contempt. I wish more of the artists would speak up about this. Its been shown that artists big or small who have liberal copyright views prosper most.
If I want to sell my ipod with my music on it piss on you RIAA!!!!!!!!
We see it now and will soon see people fighting back not just pay a crazy amount of money to them. Lets clog the courts some more with their lawsuits. - Perfection, on 10/12/2007, -0/+0I mean, I don't blame the RIAA to do this, as they have every right to do so....I'd expect as much out of them. What they don't seem to realize is that this is not going to solve anything other than piss a few people off. What they should do is distrupt the communication/transfer lines for songs and make it difficult to pirate music.
The most effective way to make people BUY music rather than steal it is to make it more of a hassle than it's worth. People obviously won't respond to the legal threats (at least not the majority of people), but if they have to download a song 8 times to find a legit, decent-quality version, then they'll say "screw it" and buy the CD next time
As for this case, the RIAA obviously has the right to protect their material. The difference with "selling back a CD" as someone mentioned, is that you (theoretically...before MP3s) no longer had access to the material. With selling an ipod full of music, you still have the music (whether it was obtained legally or not) and when you sell it, the music shouldn't be on the ipod because it violates the idea of Fair Use. Of course, the only way for this ever to be "solved" is some extensive form of DRM where, if you sell the ipod, you wouldn't have the rights to play the music on any of your other devices either....not gonna happen.
In reality, this is a minor 'fix' to a minor problem...I've never heard of someone buying an ipod preloaded with music...silly RIAA. - DisposableRob, on 10/12/2007, -0/+0"And how is this different from all the pawn shops, music
shops and yard sales that offer used CDs? "
Pretty different. If you sell an iPod preloaded, but keep the original CDs, then that is no different than selling a copy of the CD. That said, the RIAA has always wanted some of the money generated by sales of used music. They always get slapped down by the courts though thankfully. - AKron, on 10/12/2007, -0/+0One more reason I choose not to purchase anything related to that organization.
- inactive, on 10/12/2007, -0/+0Hey bean dog: ***** YOU. :D The Riaa and such fuktards are seriously hurting the economy and state of living in the UnitedStates, thier rampant overbearing opposition of music has seriously got to be stopped. Fair play's line was crossed along time ago, now its fu
- fuxxtor, on 10/12/2007, -0/+0Let me begin my message with a hearty uk-fey ooo-yay to the RIAA. Seriously, you guys are evil.
Unforunately, I have to suggest that the RIAA is legally in the right here. According to the interpretation of the DMCA, when you purchase digital media, (as in an MP3 vs. a CD) you DO NOT have the right to resell it even if you delete the original copy.
That caveat aside, selling a copy (e.g. you buy a CD, copy the CD and sell the copy or the original but not both) of somebody else's property is illegal, whether it's for profit or not. Yes, if you buy a book or a CD (or practically any other tangible consumer product) you have the option of reselling it at any amount at your discretion. However, once again, the DMCA negates this right in terms of digital-only content. You buy an MP3, it's yours wihout the option of reselling it.
What really bothers me about this is that often the same subset of people that bitch, piss and moan when a law (in this case the DMCA) allows a company (the RIAA) boundless authority, are one in the same with the subset of people who can't be bothered to take an active part in the American process of law creation and ratification whether that act is getting out and voting, or contacting elected officials to express their feelings on an issue.
In short, be aware of what legislators are doing around you and on your behalf, and frequently and loudly make your opinion known TO THEM with votes and correspondence. Afterall, officials aren't able to act without the mandate of the people.
Finally, the RIAA can't actively ban anything, but through the process of the courts (suits and injunctions) may very well be able to convince a judge to do so. -
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