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Internet RIAA Issues Warning to Users Selling MP3 Players With Pre-loaded Music
Michael Hoffman (Blog) - February 13, 2006 1:17 AM

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13 comment(s) - last by mindless1.. on Feb 13 at 10:42 PM

The RIAA's next tactic to help feed starving artists -- go after iPod sellers

The war against file sharing waged by the Recording Industry Association of America (RIAA) has been going on for several years now. The RIAA's main tactic to help combat "illegal" file sharing is by suing alleged file sharers that are using P2P programs like Kazaa and Bearshare. With the popularity of MP3 players, especially the Apple iPod, the RIAA is now beginning to inform consumers that sell MP3 players already loaded with music that they may be in breach of copyright laws. There are actually companies that will rip CDs for users and then load the music onto a music player that is purchased from the company.

"Selling an iPod pre-loaded with music is no different than selling a DVD onto which you have burned your entire music collection. Either act is a clear violation of U.S. copyright law. The RIAA is monitoring this means of infringement. In short: seller beware."

It will most likely be very difficult for the RIAA to police all of the auction sites like Ebay and Craigslist, but it is probable that the lobby group has something planned for people that sell MP3 players pre-loaded with music. If you are selling a music player to someone over the Internet, it is probably in your best interest to delete all of the content first.

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can anyone...

By brystmar on 2/13/2006 2:17:00 AM , Rating: 2

can anyone really even fit their entire music collection on a single DVD?

RE: can anyone...

By Ackbar on 2/13/2006 2:49:47 AM , Rating: 2

Yes.

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RE: can anyone...

By Totalfixation on 2/13/2006 7:37:24 AM , Rating: 2

what kind of question is that? its very possible to fit it on a single dvd.

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RE: can anyone...

By Xenoterranos on 2/13/2006 9:42:05 AM , Rating: 2

Mine took 4 DL DVD's.

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RE: can anyone...

By dmcanally on 2/13/2006 9:56:08 AM , Rating: 2

there is more to life than what tight pants band is hot this week...

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Until they sync with their own computer...

By psychobriggsy on 2/13/2006 7:42:50 AM , Rating: 2

Doesn't syncing the iPod with a different computer and updating the tracks automatically wipe the tracks currently on the player? It brings up a warning like 'syncing music with this iPod will erase tracks currently stored on it'...

So you're stuck with the tracks on the player, OR your own tracks. And certainly most people's tastes vary enough that you wouldn't want to be stuck with someone else's music.

I thought it was non-trivial (for your average person) to extract the tracks from the player.

So unless the person is also shipping a DVD with the tracks on it as well, at some point the tracks on the iPod will have to be deleted if you want to update from your own music library.

RE: Until they sync with their own computer...

By BigLan on 2/13/2006 10:30:51 AM , Rating: 2

Ephpod is a fairly trivial way of extracting the tracks.

As to the other post about how they will enforce it - they'll likely be asking ebay to pull the auctions, but I don't know how they'd enforce it on craigslist (never really used it.)

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RE: Until they sync with their own computer...

By Sanctusx2 on 2/13/2006 12:39:33 PM , Rating: 2

I think even the average person notices that their iPod can be used as a storage device. You can just copy all the non-DRMed videos and audio files you want to it like a usb drive. The purchaser can then just copy the files off it and dump them into his/her media collection. iTunes won't have any problem recognizing the files as authentic.

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tell me ..

By dclapps on 2/13/2006 1:40:14 AM , Rating: 2

exactly how, are they going to be checking this?

Will someone PLEASE....

By bamacre on 2/13/2006 1:41:48 AM , Rating: 2

... call the RIAA a whaaaaambulence?

Should be legal

By CZroe on 2/13/2006 1:03:10 PM , Rating: 2

The Home Recording Act has always made it legal to share one on one. That's what complicated the original Napster suit. They had to re-define the law to make sure that it did not allow total strangers to share with eachother without specific approval. As long as the pre-loaded collection is not advertised as a selling point, it is not what is being sold and is totally legal to include. After all, I'd say that selling an iPod to the guy is a good way to show that you now "know" him/her. What's next? Going after Goodwill because people donate recorded cassettes, CD-Rs and VHS tapes all the time? BAH!

On Ebay...

By android1st on 2/13/2006 6:43:49 PM , Rating: 2

I know of an auction where a kid I know is selling his iPod and advertising the music on the device as sort of a deal-sweetener. Not surprising that the RIAA would go after these people.

Not so fast RIAA!!

By mindless1 on 2/13/2006 10:42:55 PM , Rating: 2

Sorry RIAA, but if you're not selling ownership of the song but only a license to play it on one player, then when the player is sold the songs WILL still be on it and legal to sell, because that license doesnt' just "disappear".

So for now, if you're planning on selling your music player, do NOT delete any songs you are licensed to have, unless your license also allows alternate use and you took advantage of that and transferred the files elsewhere (Then of course, the player copy must begone).