After conceeding as much in Grokster arguments, the RIAA is reversing course and claiming that ripping a CD to your iPod is Fair Use.
Fred discusses the recent filing made by the RIAA filing over at EFF Deep Links. They are not saying this behavior itself was unlawful in the past, but rather that it was lawful only because they allowed it.
"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."
This is an interesting way to frame the issue and seems to me like they're trying to weasel out of any potential estoppel issues.
I do agree with Brad in that the RIAA is trying to move towards a pay-per-play system, which is of course is the exact opposite from what consumers want.
Not surprisingly, the RIAA is also going after the gray-market AllOfMP3.com. The success of this site has always been really interesting to me - people are paying (albeit a small amount) for the music that is ostensibly not much better than P2P and other unlawful channels. As I've said in the past, this is a clear indication that consumers are willing to pay as long as they get uncrippled music they can use as they see fit.
In related news, the RIAA is cracking down on the sale of pre-loaded iPods. What scares me about these discussions is that they completely ignore the First Sale doctrine. From a policy perspective, it's not clear why the same rights shouldn't apply to digital music that apply to physical media like CDs, and no one ever claimed you could keep a copy for yourself when selling a CD.
The problem is that, under the current interpretation, you can't do anything _but "_give it away and keep it for yourself". Even if you delete all copies you have, it is virtually impossible to transfer the "original" fixation which was arguably in RAM.
The RIAA wants a copyright system that gives the creator complete control, but that's not the point of the copyright system. Right now, it's the RIAA "that's having [its] cake and eating it too", not the consumer.
One thing is certain - the RIAA is not making consumers feel good about their purchases and that's not a good long-term strategy. Ultimately, other distribution channels will emerge and other forms of entertainment will displace music which will render the RIAA and its constituents obsolete - if that hasn't happened already.