Gary Shapiro, CEO of the Consumer Electronics Association, responds to the op-ed written by Cary Sherman, CEO of the Recording Industry of America, in response to the CEA’s Digital Freedom campaign.

Personally, I think the RIAA’s op-ed is probably correct that the right to do what you want with a recording that you’ve obtained legally—including freely moving it around your digital devices—should not be pegged onto Fair Use. But, I am not a lawyer, so maybe I’m wrong about that.

That takes care of the part where I agree with the RIAA.

I don’t see much in the Digital Freedom campaign about Fair Use, other than a passing reference by former Berkman fellow Derek Slater in a blog report. The RIAA’s Sherman goes after Fair Use because he has a better defense against that. The real issue is: We want to be able to use what we’ve bought the way we want to use it, we want to be able to share music at least as freely digitally as we do in the real world, and we absolutely do not want the government mandating technology be crippled to prop up an industry that can’t keep up with the demands of the free market.

The urgent issue is the RIAA’s current push for a lame duck “Audio Flag” bill that will mandate that technology have built into it the inability to record radio signals without the permission of the broadcaster. This would mean that you just can’t save music off the air for personal use. It would also kill TiVo for radio, an option that becomes really interesting if you’re an XM or Sirius subscriber (as I am not).

[Tags: drm riaa cea digital_freedom audio_flag eff ]

Matt McKenzie has an excellent article in Computerworld explaining how Windows Vista turns your machine into a player owned and controlled by Big Content. He doesn’t quite put it like that, but it’s hard to draw another conclusion. [Tags: vista]

Categories: Uncategorized dw