Furthermore, unlike the Grokster/Morpheus controversy now before the Supreme Court, these recording technology have a clearly non-infringing use. They can record talk-shows and news broadcasts on digital radio. Talk shows, because the are contemporaneus, largely unscripted, and many times deal with matters of ‘public concern’ are largely uncopyrightable as they fall into the category of a ‘performance’ rather than ‘a creative work in a fixed medium.’ Stationripper, Replay Radio, et al can be used to record these broadcast and that would certainly constitute a ’substantial non-infringing use’.

What the RIAA would really like is for the Government to make any kind of software development illegal with obtaining some kind of Government issued permit, like a ham radio license. Each programmer who then wanted to initiate a development project that would subsequently be released for use by person other than the developer would require a permit from the Government, just like a building permit. The conditions of the permit would allow for inspection of the project documents and code at any time and revocation of the permit and confiscation of all project materials if it was determined that the project was not conforming to the terms of it’s orginal Government approved permit. Before distribution can occur the end result of the project will be subject to a thorough review by some Government agency employing a panel of experts from the intellectual property ‘industry’ who would issue findings about modification and changes that would be required before release. That way, no one like Greg, Scott, or Applian can ever come up with one of these annoying applications that actually allow people to listen to music they’ve already paid for in some fashion under terms and conditions other than those imposed by the RIAA and their patrons, unless of course, they feel like spending a couple of years at Club Fed.

The customer has been left out of the equation of copyright other than to be the cash cow. This neglect has led to lots of legal questions and so far none of those accused of infringement have gone to court. The RIAA has been content to milk those that will volutarily give up money. The rest are out there in legal no-wheresville. At some point these victims must go to court. For some odd reason I keep expecting the legal powers that are to wake up to the huge backlog waiting to be dealt with. By the shear mass of awaiting court time it will require more judges and court personel just to deal with this one type of case. Those courts already being far overloaded with present day concerns.

There will be those who are found guilty. Within those found guilty will be those that can not pay. After all, one of the prime criteria for being a target seems to be the inablitity to defend themselves due to financial limitations. So what are they going to do with those? Put them in jail? How thoughtful. If they weren’t hard core criminals to begin with they will have the oppurtunity to get a criminal education during the time spent there.