RIAA claims ripping isn't "fair use"

As a matter of law, every purchaser of a copyrighted work has the right to enjoy that work for all fair use. In the case of music, this includes acts such as private home exhibition. And, as many have assumed, it also includes making copies on portable media devices, such as the iPod.

However, the RIAA seems to be saying that copies on your iPod are illegal, or at best permissive by the RIAA themselves. Kooky? I think so too.

Settled, but far from over

It's been quite a while since I posted anything on this blog. That was, in large part, due to the escalating demands of law school as last semester drew to a close. Then, with the race for employment this semester, No Sharing remained shelved while I sorted everything out. But I'm back, and am pleased to announce that Grokster has continued to make waves in the industry and the law. Before any substantive posts, a brief update on the posture:

On November 7, 2005, the parties submitted a settlement agreement to the court, which was accepted. According to Video Business Online, Grokster's website displayed a message saying "the United States Supreme Court unanimously confirmed that using this service to trade copyrighted material is illegal. ... There are legal services for downloading music and movies. This service is not one of them."

Now, that last line isn't true with respect to freely shared works. Grokster's display of that message can only be attributed to the fact that Grokster was purchased by Sony, who likely aimed to bolster their own legal download sites. More to come, after I finish my open research memo assignment.