You go to the mall and plunk down $15 for a new CD. Take that CD home, stick it into your computer and rip it into iTunes. Connect your iPod and let the software transfer the tracks.
That sounds like something covered under the fair use provisions of the copyright laws, right?
Well, not according to the big media companies.
As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:
“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.”
During the time that the RIAA was spending lots of money and effort suing Napster and other file sharing services out of existence they maintained they were only after illegal copying of music. According to them, the industry had no problem with copying for personal use. They even said that to the Supreme Court.
Can weasels be arrested for perjury?