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The Good, the Bad, and the Ugly about Copy Protection, Part I

Dec 8, 2004 - © Thomas Williams

If you own a computer and you have MP3s of your CDs, you could be considered a music pirate--at least, according to the music industry and the RIAA. The RIAA (Recording Industry Association of America) actively searches for people who share files online. The music industry is incorporating copy protection methods on the new CDs they produce. The copy protection is not meant to prevent all copying; it is meant to prevent the CD from being played and/or ripped on a computer. If one purchases a CD, should they have the right to rip them on their computer with the express purpose of listening to them on their computer or putting them onto their MP3 player? Certainly, at the very least, this is a great way to preserve one's CDs. Wear and tear of normal usage is eliminated, as they are only played as little as once.

Why can't I copy my CD with my computer?

There are currently devices on the market that allow one to copy CDs onto what is known as CD-R (Compact Disk - Recordable). Writing to a CD-R is known as burning, since the media is thought of as burning spots on the surface to make zeros and ones. According to copyright laws, CD-Rs and CD burners that are intended expressly for copying music CDs are allowed. These devices and media have a royalty associated with them that is paid back to the recording industry. Multiple use devices such as CD-ROM burners connected to computers are considered a different class and are not included in the royalty payments.

Here's where it all breaks down, though. This royalty payment includes recording media or the blank CDs, but only the blank media intended for burning audio CDs. CD-ROM blank media is again considered a different class and does not pay royalties. CD-ROM blank media can be burned into audio CDs, data CDs or whatever else the user intends. The blank audio media is exactly the same and can also be burned into data CDs as well. The difference is the label put on them. According to the RIAA:

Multipurpose devices, such as a general computer or a CD-ROM drive, are not covered by the AHRA. This means that they are not required to pay royalties or incorporate SCMS protections. It also means, however, that neither manufacturers of the devices, nor the consumers who use them, receive immunity from suit for copyright infringement (Digital Music, Par. 5).
The copyright of the article The Good, the Bad, and the Ugly about Copy Protection, Part I in Karaoke is owned by Thomas Williams. Permission to republish The Good, the Bad, and the Ugly about Copy Protection, Part I in print or online must be granted by the author in writing.

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