SONY has new definition of what it considers software piracy which will criminalise most of the world.
In testimony in the flagship Capitol Records, et al versus Jammie Thomas Jennifer Pariser, case, the head of litigation for Sony BMG told the world that it was piracy for someone to back-up a CD they have bought or upload it onto their MP3 player.
If this were true, then more people would be pirates than there would be legitimate users.
She said that when an individual makes a copy of a song for himself, Sony can say he stole a song." Making "a copy" of a purchased song is just "a nice way of saying 'steals just one copy'.
This suggests that punters have no 'fair use' rights to make backups of the music that they have purchased.
In Blighty she is 'technically' right, although no one is going to be successful in getting a prosecution here because the law is being reviewed because it is so out of date. Currently government thinking is that people should be allowed to rip CDs for their own use.
However in the US life is not so clear. Last year the RIAA told the Supreme Court that in its view it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your MP3 player.
However since February the RIAA has had a bit of a think about tis and seems to be hoping that it can tweak the DMCA to forbid it. Its official line is that the only reason you are allowed to make back-ups is because it suffers to let you to do so and it could change its mind at any moment
Either way, there is a lot riding on Capitol Records, et al versus Jammie Thomas Jennifer Pariser.
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