Alligator Online

The Recording Industry Association of America has been fighting an ongoing battle against file-sharing companies and users for more than five years.

The RIAA has worked extensively since the days of Napster to paint itself as the good guy forced to act in self-defense. Considering that file sharing is often illegal, this image may be warranted.

However, the actions of the RIAA have become increasingly hostile toward the average consumer.

The association recently submitted a filing under the Digital Millennium Copyright Act, which provides criminal punishment for digital copyright infringement. The filing indicated that the RIAA felt that it should be illegal for consumers who have legally purchased a music CD to make copies of the music onto their computer or another CD, even for backup purposes.

The filing goes on to state, "Even if CDs do become damaged, replacements are readily available at affordable prices."

That sounds fair. When a CD breaks, instead of listening to an MP3 backup made in two minutes, an individual should buy a new copy at the music store.

It is highly suspect that the same industry that stands to profit from CD sales would encourage well-meaning consumers to buy more CDs.

The filing also implies that the RIAA considers all MP3 files to be completely illegal. Fed up with the rampant piracy that has resulted since the MP3 format came into the mainstream, the RIAA has decided to simply declare them illegal. Consequently, this means that to the RIAA, MP3 players like the beloved iPod are no better than illegal paraphernalia that encourages unlawful activity.

For an association that has tried to portray itself as a noble defender of music and creativity, decrying MP3s and MP3 players as copyright infringements seems unnecessarily aggressive.

Obviously, filings such as these are ridiculous in a real-world sense. The MP3 player market is larger than ever. And the RIAA's previous attempts to put a stop to illegal file sharing have been ignored by the majority of those who engage in such behavior.

It would seem that the RIAA and the music industry as a whole are both out of touch with those they are trying to reach. Now those same individuals view them as a hostile and alienating force.

A year ago, a lawyer for the music industry was quoted as saying, "The record companies - my clients - have said, 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."

Reversals like this discourage those who have tried to play by the music industry's rules and provide more fuel for those who willingly pirate music.

The RIAA would do well to realize that in the capitalist system that exists in this nation, the moral and legal high ground only carries one so far. It is a foundation for negotiations with the consumer base, not a mandate from the heavens to attempt to control the market with an iron grip.

Scott Gilton is a decision and information sciences senior. His column appears on Fridays.