Now that the furor has died down over the Washington Post's questionable piece about the RIAA supposedly suing Jeffrey Howell for ripping CDs, it's time to hear what the RIAA actually has to say -- and it's surprisingly sensible. Speaking to NPR, RIAA president Cary Sherman flatly said "the story is just wrong." Sherman went on to say that the RIAA hasn't ever prosecuted anyone for ripping or copying for personal use, and that the only issue in the Jeffrey Howell case was -- as always -- sharing files on Kazaa. Perhaps most interestingly, Sherman directly addressed the "ripping is just a nice way of saying 'steals one copy'" comment made by Sony BMG's anti-piracy counsel in the Jammie Thomas case, saying that the attorney "misspoke," and that neither Sony BMG or the RIAA agreed with that position.

Of course, it wasn't all sunshine and cupcakes -- Sherman refused to straight-up answer the question of whether or not ripping was legal, saying instead that "there are 100 hypotheticals" and that "copyright law is very complicated." Of course, what he's really saying is that courts haven't made an clear determination of fair use regarding ripping and that he's covering the industry's collective ass -- which explains his hilariously out-of-touch explanation that making copies onto "analog cassettes, special audio CD-Rs, minidiscs, and digital tapes" is legal, because those are all expressly allowed by law. On the other hand, Sherman also said that RIAA's interpretation of the law "doesn't really matter," because "not a single claim has ever been brought over personal use -- [the Washington Post story is] really unfortunate, it's misleading consumers, and it's simply not true." It's a fascinating interview, and it's more than worth a listen if you've got any interest at all in copyright issues -- regardless of what side you're on.

Okay, so we've done some digging into the RIAA's lawsuit against Jeffery Howell, in which the industry is claiming that ripped MP3s are "unauthorized copies," and it turns out that Jeffery isn't actually being sued for ripping CDs, like the Washington Post and several other sources have reported, but for plain old illegal downloading. As we're all unfortunately aware, that's pretty standard stuff; the big change from previous downloading cases is the RIAA's newfound aggressiveness in calling MP3s ripped from legally owned CDs "unauthorized copies" -- something it's been doing quietly for a while, but now it looks like the gloves are off. While there's a pretty good argument for the legality of ripping under the market factor of fair use, it's never actually been ruled as such by a judge -- so paradoxically, the RIAA might be shooting itself in the foot here, because a judge wouldn't ever rule on it unless they argue that it's illegal. Looks like someone may end up being too clever for their own good, eh?

If you passed on Toshiba's first few U-series DAPs due to their lively color schemes and substitutable feature sets, the new 2GB U202 goes a long ways to correct both of those quibbles. The exceedingly simplistic device dons a silver / black motif, an uncomplicated "PlusPad" control scheme, and a 1.1-inch color OLED display. Furthermore, this unit sports the same 20-hour battery life, FM tuner, and MP3 / WMA / WAV playback capabilities as its predecessor, but the newfangled direct-to-MP3 CD ripping ability enables users to "record audio tracks digitally from a CD player directly to the gigabeat." Consider it yours in one to two weeks for $99.99.

We all know that bit about a "speedy trial" doesn't exactly come to fruition in most cases, and after three excruciating years of battling innovation stranglers the DVD Copy Control Association, Kaleidescape has escaped unscathed. The firm's DVD ripping / streaming jukebox was under fire for obvious reasons, as it not only encouraged the ripping of "protected content," but it helped users rip and transmit the data around their network. The DVD CCA whined that the machine "breached a contract" when it crafted a product that enabled users to copy its locked-down material onto hard-drive based servers -- the judge, however, felt otherwise. In fact, it was ruled that "nothing in the DVD CCA licensing agreement prohibits the development of products that allow users to copy their DVDs," thus, no contract was breached at all. One down, too many to go.

We don't seeing anything with helping a man out, or cutting him a sweet deal if he picks up a bundle of goods, but apparently the MPAA isn't down with companies loading the DVDs that consumers purchase onto their iPods as a friendly convenience. In another round of studios forcing consumers to purchase content multiple times for no good reason at all, Paramount Pictures has filed a lawsuit against the all but helpless Load 'N Go Video, which provided customers picking up an iPod and a few DVDs with a converting service to get flicks onto their handheld as a thank you for their business. According to the suit, the actual ripping of the DVD is illegal under the almighty DMCA, making the entire process illegal, fair use or not. Evidently selling millions of copies of Mission: Impossible III isn't good enough, as it appears that customers will be asked to shell out multiple times for the same (admittedly subpar) content. While pirating copies for personal gain is certainly aggravating the law, transcoding content for personal use sure seems harmless to us, but you'll have an exceedingly difficult time convincing Hollywood of that.

The Institute for Public Policy Research, a British progressive think-tank, has just released a white paper called "Public Innovation: Intellectual Property in a Digital Age," which urges the UK government to set up a "legal right to copy." Unlike in the US, which has a "fair use" doctrine, British citizens do not have an inherent right to rip their own CDs to their MP3 player of choice. However, Kay Withers, one of the authors of the report, told Engadget that while no Briton has ever been prosecuted for the crime of ripping one's own CDs, "we feel that it's important that the law get updated with technological progress and public preference." Withers and the IPPR hope that the recommendations will be taken into account by the government, which is currently undertaking a study of intellectual property laws. This study is being headed by the former editor of the Financial Times, Sir Andrew Gowers; his report is expected to be returned to Chancellor Gordon Brown sometime this autumn. [Warning: PDF link]

[Via BBC]

In another Pyrrhic victory for fair use rights, Australia's government is set to legalize CD ripping. The revision to the country's copyright law, like proposed changes being mulled in the UK, will legalize activities that are already fairly widespread, including "format shifting" of music you legally own from CDs to digital audio players. While blessing common practices, the new law cracks down on file sharing and piracy, allowing police to issue on-the-spot fines to anyone caught in the act of piracy. The Australian law may also apply to ebooks, which could require companies like Adobe and Microsoft to allow protected ebooks to be printed or saved in other formats for use on non-supported devices.

[Via Techdirt]