[Empeg-general] Loopholes

[Bryce@empegbbs-noreply.merlins.org]

The biggest loophole comes from "blank" in P2 and "on which no sounds have ever been fixed" in P2(a). Expect to find more songs from unsigned artists being included on MP3 players and media. Heck, the act doesn't define sound to mean music, so ambient factory noise or someone breaking wind would be sufficient. 

Is the US I would expect the courts to look at the phrase "Ordinarily used" and either toss the whole thing for being overly vague, or choose an extremely narrow interpretation. Sound applications are not the primary market for most storage devices and media. 

Has anyone considered that Apple's "Rip Mix Burn" campaign clearly turns the iMac into a qualifying "digital audio recording device" under the AHRA? There is no "computer" exemption in the act, only one for data storage media. If the RIAA were to fight and win, it wouldn't be a stretch for the courts to further determine that any CD-ROM equipped computer qualifies. SCMS would then be forced upon us all without the need for new legislation.