Actually, IPOS is right on the money here - it -is- illegal to rip songs from your CD and place them in your MP3 player. It's illegal because the fair use defence in Singapore is limited to very narrow circumstances (reporting news, private study etc).

The exceptions brought up by Chris in his article are also limited. One is the "transient copy" defence and it is intended to defend against the "transient copying" of computer functions such as loading a copy of the program into the RAM of a computer - this arose from a legal case between Creative and Aztech a while back. The second, which is copying primarily for backup, also doesn't apply to MP3's ripped from a CD - the primary purpose of the copying must be backup not consumption.

So it's not quite fair to say that IPOS made a mistake. They made no mistake interpreting the law as far as I can tell - it's merely the law that's a$$-head backwards.

I'm not certain how much influence recording companies have over Singapore legislature - it stands to logic they would have more in California, and the laws in Singapore re MP3 ripping is arguably more draconian.

You're right. "Fair use" in the US was never codified into actual legislation, but is based on precedents i.e. how the judge ruled in previous cases. Obviously, we've never had those cases here.

That's the problem with adopting fundamentally flawed US-style copyright laws that essentially allow media companies to screw the layman. We don't have strong enough public institutions to help the layman against well-funded corporate lawyers.

Trackback from Sotong Queen:

Just that you may know... for all the ipoders and zen microns......

mp3s are, in essence, compression of the original piece by throwing away unwanted frequencies.

Does that mean it's also illegal to zip my Windows XP CDs?

No, that -should- fall under the backup exception.

Exactly... converting to mp3s is just like zipping the audio files.

Slight difference. Your windows CDs can hardly be used while in ZIP format. Not so for the MP3s, even though technically both are being compressed. Unless you maintain your MP3s in a for backup only state. ie. zip em after your rip em.

What if I make a disc image of my install CD/DVD, for backup purposes, but which can be easily mounted as a virtual drive to use (for example, for loading drivers or system utilities off the hard disk)? The disc image is clearly for backup, yet is completely useable (and in fact not at all compressed).

What if after making the backup, I only use the backup and not the original? Many collectors rip their CDs to make sure that they don't spoil their discs from wear and tear. If I rip the CD and then never touch the CD again, which is the real backup? Does that make a difference?

Just ponderin'.

Right on the money - you can objectively show that your purpose for zipping is for backing up. It's a lot harder to make that same argument with CD ripping - especially when said songs are found on your MP3 player, playing said songs.

Having said all that, the thing to note about Recording Companies is tyranny. Tyranny is not incompatible with rights. It is just a manner in which you disburse and use those rights. Legally they are in the clear, but morally, they are way off.

Their tyrannical conduct towards both artists and consumers alike is not going to gender much sympathy for the whole peer-to-peer, DRM, Ripping gag that they keep whining about.

Until then, I'll be like the munchkins waiting for the day when we can merrily sing "ding dong the witch is dead, the wicked witch is dead"

Or I could dream up pranks like this http://www.zug.com/pranks/riaa/index7.html

Trackback from twin stars:

Earlier this week, I mentioned about the three dumb dudes (it was actually two guys and one girl, as far as I am concerned) who were apprehended by the authorities for illegally distributing copyrighted content over the Internet via IRC. This time......

Trackback from MP3 Piracy:

Mp3 Issues...

Trackback from Born on Ninth of August:

... it is more economically correct to download illegally then to buy and rip illegally....

Trackback from loupgarou26:

it's been on their Website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod. ...

Trackback from paddychicken:

The most likely outcome is that people will start asking themselves why they are buying the CDs at all, if it gives them no legal rights to the music. If they are going to listen to mp3s anyway and owning the CD does not legitimise this...

Trackback from loupgarou26 (ipos reply):

Ipos replies with ambiguity...

Ok we rip the cd into mp3 format for backup and it is not for consumption... What.. What if our CD is destroyed..? We have the rites to listen to our Mp3 Rite ? It is our backup of the cd that we bought and our cd is lost/destroyed...

Sure - but if they find it in your MP3 player, you're still pretty much screwed. It's really dumb. I'd have expected Mac and Creative at least to have lobbied for more favourable legislation in this regard.

so it's legal provided it's in my com rite...

let's look it in another point of view.... can i backup my cd on my mp3 player ? provided that my cd is damaged// I should have all rites to listen to it what...

Trackback from My plain sunset:

Heard of the recent buzz about copyright issues? Apparently the IPOS (Intellectual Property Office of Singapore) says it is ilegally to rip your cds into mp3. A thorough discussion can be found at loupgarou26's blog and also on tomorrow.sg. So......

Captain Beefheart on intellectual property (Cpt Beefheart is a musician):

Where I got my music from I never had to pay for it.

Trackback from SingaSingapore:

In any case, while IPOS is not wrong, it's not necessarily right, either. This is simply the conservative approach......