January 02, 2008

RIAA: Nodding and Grooving While Wearing Headphones is Piracy

IPod-listeners beware. The Recording Industry Association of America aims to stamp out piracy.

The RIAA is taking the position, in its suits against alleged file-sharers, that making personal copies of music CDs onto one's own computer hard drive is unlawful. But sources close to the recording industry have revealed to As I Please's team of investigative reporters the next front soon to be opened in the RIAA's war against piracy: grooving to music in public.

Is this music piracy?
Is this music piracy?
"When you're listening to an iPod through headphones, and you nod your head in time to the music, that's an unauthorized reproduction of the performance," says one industry expert. "That's just as much piracy as hoodlums selling bootleg copies of CDs on street corners."

Some industry observers say that a music pirate on a subway, city bus, or even just walking down the street, must actually sing along or at least hum the tune for infringement, or "pirate performance" to take place.

But the RIAA holds that anyone who grooves to headphone music even silently is a pirate performer. "That's stolen music in the first place," says one source. "Even if the courts holds that some pirate performance is not music theft — and no court has yet said that it is not — the sort of scum who engages in pirate performance is in all probability grooving to stolen music in the first place. It's prima facie evidence of piracy. It's probable cause for police investigation."

Asked if cracking down on subway music listeners might be seen by the public at large as unfairly targeting people of specific cultural backgrounds, the source responded, "The RIAA has a zero-tolerance policy towards piracy. The problem keeps growing. We need to get the message out to the public: Pirates aren't cool. Piracy sucks."

Posted by abostick at January 2, 2008 01:39 PM
Comments

You are a genius.

Posted by: Lynn Kendall at January 2, 2008 01:54 PM

I saw that story a few days ago and couldn't believe it. If that holds up in court I will be completely dismayed. The RIAA has gone completely insane and has no concept of fair use or more likely they have gotten so completely greedy that they are shooting themselves in the foot. Yay for Radiohead for bypassing the record labels. I don't even like them all that much and am tempted to buy their CD as a sign of support.

Posted by: Sabyl at January 2, 2008 03:19 PM

Wait a sec -- per Sabyl, then, that's not actually an Onion-esque story???

As Onion-esque, it's brilliant; as actual policy, it's insane.

Posted by: gramina at January 2, 2008 03:58 PM

I need a new word... "surreal" fails to capture this.

Posted by: Zorak at January 2, 2008 06:10 PM

Well, when you start groovin' down the street to a tune on your Ipod, you're engaging in a "public performance" of music -- and that's ASCAP's turf, not the RIAA. And the RIAA may have nice suits 'n all; but I'm pretty sure that the ASCAP goons all hit the town armed and loaded.

So go ahead RIAA, step on ASCAP's toes ... I dare ya.

Posted by: Nemoudeis at January 3, 2008 12:13 PM
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