As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:
"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."
For those who may not remember, here's what Don Verrilli said to the Supreme Court last year:
"The record companies, my clients, have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."
See, in 2005 it was cool to rip your CDs to your iPod because the RIAA authorized it not because it was fair use. Now the RIAA has decided to take back that authorization. Presumably, the RIAA cops will be stopping joggers around Lake Calhoun and demanding to see the iTunes receipts for all the music on their iPods.
I guess I'll just have to listen to more Magnets for Bad Energy
The EFF, by the way, does great work. If you are fabulously wealthy, go give them some money.