p2pnet news view P2P | Music:- There is a company called Rogue Amoeba that offers software applications that are designed to easily capture and edit any type of audio content from applications like iTunes, Skype or DVD Player. Record from microphones, Radiosharks and other hardware. Their motto is ‘If you hear it, you can record it.’

Remember when we were kids (I know I do ) and you patiently waited with baited breath with your finger on the record trigger using your cassette player, anxiously awaiting that Cheap Trick song you just HAD to have?

The Audio Home Recording Act of 1992 explicitly stated the exception for such behavior:
The AHRA contains one positive provision for the consumer electronics industry and consumers, section 1008, a “Prohibition on certain infringement actions:”

“No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.”

According to the Senate, this provision was intended to conclusively resolve the debate over audio home taping, and “[create] an atmosphere of certainty to pave the way for the development and availability of new digital recording technologies and new musical recordings.”

Private, noncommercial copies by consumers using “digital audio recording devices” are explicitly protected by §1008. The Senate report defines noncommercial as “not for direct or indirect commercial advantage”, offering examples such as making copies for a family member, or copies for use in a car or portable tape player. – wiki

Now, 17 years later, we have much better tools to exercise our right under this Act, therefore I turn your attention to the great tools that are freely downloadable (there is a free trial period, and plenty of [k]s on the internet to unlock the full version) from their website.

Audio Hijack Pro

Record any audio – three simple words to explain Audio Hijack Pro. Record from applications like iTunes, Skype or DVD Player. Record from microphones, Radiosharks and other hardware. If you hear it, you can record it.

Fission

Edit audio in minutes, not hours. With Fission’s streamlined audio editing, you can quickly copy, paste and trim audio, as well as split files. Fission also works with compressed MP3 and AAC formats to edit without the quality loss caused by other editors. Get perfect quality audio when editing natively in the MP3, AAC, Apple Lossless, AIFF and WAV formats.

They make several other software applications, but these two are in my arsenal of utilities. For example, I like techno and electronica music. There are several radio stations that stream for free using iTunes/Radio that I enjoy, so I use Audio Hijack Pro ( [k]ed of course, I am after all a ‘pirate’) to capture hour long snippets (the software can be configured for many options, breaking the stream into hour long bits is easiest for me) of these station that I can enjoy later, transfer to my iPod, or burn CDs to listen to in the car.

Prior to that I use Fission ([k]ed, of course) to even edit out the DJs yammering between long durations of commercial free music, for a continuous stream of music. There are of-times radical changes in the music between these interludes, but if you ever heard techno, you would understand that these are irrelevant.

So, today, instead of hovering over the record button, I can capture huge chunks of music at my leisure and edit the unwanted content out later. This can easily be done for radio stations a well, most of the big ones have online streaming that can be captured/edited just as smoothly.

If you are capturing off the radio stream via the internet, which on occasion I do, because there are several ‘Morning Shows’ that I like, and can then listen to later, including removing the commercials, (I really, really hate commercials.) you can be safe in knowing that the artist’s music and the songwriter have already gotten paid, and even the royalties leeches have even gotten their cut. You can also feel safe in the fact that this activity is covered as non-infringement by the AHRA, and I quote:

As the Senate Report explains, “[t]he purpose of [the Act] is to ensure the right of consumers to make analog or digital audio recordings of copyrighted music for their private, noncommercial use.” S. Rep. 102-294, at *86 (emphasis added). The Act does so through its home taping exemption, see 17 U.S.C. S 1008, which “protects all noncommercial copying by consumers of digital and analog musical recordings, ” H.R. Rep. 102-873(I), at *59. The Rio merely makes copies in order to render portable, or “space-shift”, those files that already reside on a user’s hard drive. Cf. Sony Corp. of America v. Universal City Studios, 464 U.S. 417, 455 (1984) (holding that “time-shifting” of copyrighted television shows with VCR’s constitutes fair use under the Copyright Act, and thus is not an infringement). Such copying is paradigmatic non-commercial personal use entirely consistent with the purposes of the Act.

While incredibly difficult to capture the entire Cheap Trick album in this fashion, it can be done.

The end result was a non-infringing activity that would allow you to create a rather substantial DRM free, music library at incredibly minimal, if not free cost.

But not for long…

The RIAA even promoted this activity, however, apparently now they realize this is an avenue of extortion they had not considered in 1992.

With music sales in the crapper, it is definitely coincidental that the RIAA is going after terrestrial radio for a larger level of extortion for money the artists’ and songwriters’ will positively NEVER see a dime of. In there mind-numbing attempt to control anything they do not receive monetary compensation for, they continue to to show the world just how greedy they really are.

Also, the RIAA is demanding that a ‘computer’ is not considered an AHRA ‘approved’ device, and voids immunity under this Act for copying music or movies. They argue that only devices specifically designed for digital audio recording are covered. So the RIAA is attempting to rewrite Congressional statues because ‘The AHRA covers devices that are designed or marketed for the primary purpose of making digital musical recordings. Multipurpose devices, such as general computer or a CD-R drive, are not covered by the AHRA. This means that they do not pay royalties or incorporate SCMS (Serial Copyright Management System) protections.’

What’s next, $80,000 per hummed tune in the shower? Plus a performance fee, because your wife might be listening.

I suggest you download and install these bits of software before they are sued for vicarious contributory copyright infringement because it might be used to circumvent their draconian ‘pay-me-at-all-costs’ theology. AND, there is no IP to sue.

And it absolutely baffles them why people turn to ‘alternative’ methods of obtaining movies and music. The ‘whack-a-mole’ business model continues…

You can’t make this shit up!

surfer
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July, 2009

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This entry was posted on Thursday, July 16th, 2009 at 8:00 am and is filed under Music, P2P. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

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