In a case against an unrepresented defendant the RIAA has included a statement into the brief for summary judgment
Defendant admitted that he converted these sound recordings from their original format to the .mp3 format for his and his wife’s use. (Howell Dep. 107:24 to 110:2; 114:1 to 116:16). The .mp3 format is a “compressed format [that] allows for rapid transmission of digital audio files from one computer to another by electronic mail or any other file transfer protocol.” Napster, 239 F.3d at 1011. Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format and they are in his shared folder, they are no longer the authorized copies distributed by Plaintiffs.
While some of the argument relates to the defendant putting the mp3 files into his Kazaa shared folder, the wording clearly tries to get case precedent for two items
That the the use of mp3 encoding implies that infringement is taking place
That the copying of CD tracks into mp3 on your computer is an unauthorised use of copyrighted product.
I have said previously that the end game for the recording industry is to charge for every time you listen to a song, essentially making you subscribe to music rather than to own it. The concept of fair use means nothing to them but lost revenue.
Copyright was not intended for this, it was meant to stop people playing your music and claiming it was your own. We have already extended this to cover exploitation of the work and into what you can do with music that you have purchased. And how this industry have managed to get so much influence on what so many governments legislate completely boggles my mind.