Reply #63: More here:

[Junkdrawer]

In the case Atlantic vs. Howell, husband and wife Jeffrey and Pamela Howell have been accused of file-sharing over the KaZaA network. Their defense has been that although there are plenty of MP3 files on their computer, the files were not shared but were ripped from purchased CDs for personal use only.

Possibly to increase their chances of a win, a supplemental brief filed by the RIAA contends that ripping music from legally purchased CD’s is illegal. This would eliminate any escape the Howells have. If successful, it would also mean that anyone who ever ripped a CD for their iPod or other MP3 player — would now be a criminal.

Right on page 15 of the brief linked above it says:

It is undisputed that Defendant possessed unauthorized copies of Plaintiffs’ copyrighted sound recordings on his computer. Virtually all of the sound recordings on Exhibit B are in the “.mp3” format. Defendant admitted that he converted these sound recordings from their original format to the .mp3 format for his and his wife’s use.

So, according to the brief, ripped CDs = unauthorized copies.

Of course, the Howells could lose their case while the argument about CD ripping is dismissed, but time will tell. The defendants have until January 11th to respond.

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http://www.realtechnews.com/posts/5198