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A Hard Drive is Not a Home Recording Device
Posted by Angelo Sotira on August 21, 2000 at 2:18 PM   (printer friendly)

According to the Recording Industry Association of America (RIAA) and the National Music Publishers Assn. (NMPA) - your computer's hard drive is not a home recording device, so the Audio Home Recording Act (AHRA) does not protect it!

OK let that settle in there for a second before I throw the second part at you.

You ready?

MP3 files that reside on another Napster user's hard drive are also not "digital music recordings."

I don't know how to end this article, I'm just at a loss for ... key strokes.


User Comments (These do not necessarily reflect the beliefs of this site)

Frawgster  
Date: August 21, 2000 @ 2:29 PM
I know how to end it...it only takes one word.....HORSESHIT!

nuff said...I'm out...

-Frawg-

RdpC  
Date: August 21, 2000 @ 2:42 PM
hahahaha muahaha
hehehe huahaha

alexbhlz  
Date: August 21, 2000 @ 2:50 PM
hmmm.. I wonder what they'd say my hard drive was if I hooked up a mic and recorded that. Doesn't sound like a home recording device at all! =)

Anonymous  
Date: August 21, 2000 @ 2:55 PM
How many RIAA lawyers does it take to screw in a light bulb?

Answer 3. One to hold the ladder, another to screw in the lightbulb and the other to sue the lightbulb manufacturer for violating the candlelight copyright act.

Anonymous  
Date: August 21, 2000 @ 3:53 PM
If it was considered an audio recording device, then it would be taxed, and we wouldn't want that.

jark  
Date: August 21, 2000 @ 4:04 PM
rofl

spyed  
Date: August 21, 2000 @ 4:18 PM
that's what I'm talkn' about!

spyed  
Date: August 21, 2000 @ 4:26 PM
Actually that's not necessarily true.

jark  
Date: August 21, 2000 @ 5:20 PM
I wonder what source you used so that I can read the whole thing, and possibly understand where the RIAA is coming from.

Anonymous  
Date: August 21, 2000 @ 5:37 PM
I think I saw something about that on www.bullshitthepublic.com

Actually, the article is based on some truth. I have seen many reputable articles on the legality of copying files to computer storage devices and being exempt from familar hardware copying laws.

I did a search on www.usecommonsense.com and found nothing useful :)


spyed  
Date: August 21, 2000 @ 6:06 PM
There's nothing to understand. It's part of their lawsuit.

When defending the fact that Napster is protected by the AHRA, the RIAA's response is "it's not a home recording device so the AHRA doesn't apply."

jark  
Date: August 21, 2000 @ 6:09 PM
uhm...ok. Makes sense, but seems like an odd time to talk about this seeing as it would have been considered "old" news.

spyed  
Date: August 21, 2000 @ 6:09 PM
The article is based on SOMEEEEE truth? Can you do me a favor and tell me where you don't see truth?

It's based on 100% truth.

What the hell kind of a thing is that to say?

Anonymous  
Date: August 21, 2000 @ 6:40 PM
The Rio lawsuit determined a computer was not a recording device. Without this ruling, the Rio would need to follow SCMS!

spyed  
Date: August 21, 2000 @ 6:47 PM
Is a CD player a recording device?

Is a CD burner a recording device?

Is a CD a recording device?

Anonymous  
Date: August 21, 2000 @ 7:18 PM
And the RIAA doesn't sell music..they sell "various sundry sounds"

GIVE ME A BREAK!!!!

Better not tell the radio station I work for that their audio file server doesn't record, store and play back sound. They might begin broaDCASTING SILENCE!

JustinHall  
Date: August 21, 2000 @ 8:15 PM
Ummm
Angloe I'd like to inform you that they detrimed a computer is not a recording device in the RIAA vs Rio Trial. THats how Rio got off. So the first argument I can understand because it is a legal precedent. A computer's main fuction is a storage and computation device, not recording.

Second of all the last one does stun me. THat one is too dumb for me to comment on too.

spyed  
Date: August 21, 2000 @ 8:37 PM
Hmm I think after doing more research I have a better understanding of why this is.

A home recording device is only a device which is marketed to consumers as a recording device. Such as a VCR.

That still doesn't explain to me how an MP3 file can't be deemed to be a sound recording, that's far beyond me. Except if it's not a sound recording in the eyes of the home recording act....

blah

-X-  
Date: August 21, 2000 @ 10:03 PM
If hard drives are not home recording devices, then whomever is marketing those RePlay TV systems needs to get sued for false advertising.. Someone should threaten a suit on them just to have them stand up in the media and say "Hard Drives are Home Recording Devices!" then we can tell them the RIAA told us that they are not. The RIAA would never lie and try and rip us off now would they? I mean it's not like 28 states are sueing them or anything..

Anonymous  
Date: August 21, 2000 @ 10:42 PM
Miss Hillary Rosen needs a BOYfriend, not a GIRLfriend as she has actually

jark  
Date: August 22, 2000 @ 4:20 AM
What is this, the SAT?

milladrive  
Date: August 22, 2000 @ 10:31 AM
These are two stances that absolutely defy logic. I wonder what kind of explanations they could offer us if they could elaborate on them.

1) Aside from zillions of people who use their computers as multitrack recorders, what would they say one is doing ANYTIME one saves information to one's hard drive if it's not considered recording?

2) If an mp3 is not digital, what is it? I mean, there's only 1 (count them) other option.

milladrive  
Date: August 22, 2000 @ 10:57 AM
Oh, and you don't think the first one is too dumb, just because some court set a precedent? It's just as stupid.

Some court decided that the computer's main function was storage and computation, not recording. Despite what the court ruled, I don't think they can say it that simply. The processor is what's responsible for computation. The hard drive, 3.5 drive, rw drives, etc., are for storage. There are plenty of other components which do THEIR own thing.

The thing that gets me is that a hard drive is no different from a giant cd in its storage format. I'm sure they consider cd's recorded media. On the other hand, like tapes, these storage facilities require playback to retrieve the info and RECORDING to store it there in the first place!

So while we can understand how the RIAA feels comfortable defending the HRA exclusion, I wonder how they defend the mp3 statement. It's probably just a matter of time, though, till one of our wonderful courts agrees with them.

milladrive  
Date: August 22, 2000 @ 11:02 AM
Right. If it's not a sound recording, how can it possibly violate sound recording copyright laws?

Anonymous  
Date: August 23, 2000 @ 2:05 AM
Hey guys, I'm storing all my stuff on CD-recordables, and Napstar was pointing to my CD-drive. is that also not a recording device ?
I'm also using the same disc in my MP3-car-player.


This is real bullshit.



Anonymous  
Date: August 23, 2000 @ 12:24 PM
hehehehehehehehheheh
hahahhahahahaaha
hehehehehehehe
aaaaaaaaaaaaha!

Anonymous  
Date: August 23, 2000 @ 12:24 PM
heeeeeeeeeeeeeeeeeee
haaaaaaaaaaaaaaa
ohhhhhhhhhhhhhhh
heeeeeeeeeeeeeee

spyed  
Date: August 23, 2000 @ 5:11 PM
why you gotta be joshin' me?