"I guess our differences are what the court will decide, but here are my responses anyway:"
Rio's on board flash memory is not media. It can't be transferred to another playback device.
Not feasible? So what you're saying is that the expansion card can't be taken from one Rio and played in another? Again, a courtroom demonstration would invalidate your claims. As a sidenote, I should mention that you contradict yourself on this point further down in your own message.
The transfer of data to the Rio's memory is no different than inserting a cassette into a cassette player. The existing selection is lost when a new selection is loaded.
Wrong on several counts. A cassette *player* does not record anything. Rio records music and as such Rio is the digital equivalent of a tape recorder.
The fact that the flash memory is re-writeable indicates that anyone with a Rio in their possession could record numerous MP3 files containing pirated music over the lifetime of the device. The issue isn't the number of illegal copies that can be made with Rio. The issue is whether or not it is possible to illegally record and playback copyrighted music with Rio. Without SCMS, Rio allows for serial duplication of pirated music, a violation of the AHRA.
Demonstrably incorrect? I don't need Rio to record or playback mp3 files. The computer can do it very capably on its own. Rio cannot record anything without the computer and cannot transfer it to another player, with the exception of the removable Flash expansion card which is clearly (and extremely) cost prohibitive.
Glad to see you finally admit that Rio is a recorder.
As for the rest, you're arguing with yourself here. Reading what you've written above, you first say you can't transfer the data between Rio recorders, but in the same sentence you proceed to indicate that the transfer of recordings between Rio units is, in fact, possible using the removable memory upgrade.
At $100, a rewriteable flash memory module capable of storing pirated music that can be transferred to any Rio on the market for the lifetime of the device is hardly something I would term "cost prohibitive."
Someone with Rio can do nothing which you describe. Someone with a PC can do all of this, regardless of whether or not they possess a Rio. Excepting the storing to Rio, of course.
You're contradicting yourself again. The Rio is made for connection to a PC, therefore anyone with a Rio will also be a PC owner.
The Rio records digital output from the PC over a parallel port connection onto Rio's on-board memory modules and any flash memory upgrade modules that might be installed. The fact that Rio does not include SCMS or some other scheme to prevent the transfer and serial duplication of pirated material makes the sale of the device a violation of federal law.
Plenty? Name them. Minidisc is close, but no cigar. Remember, this is non-mechanical, portable, digital playback.
MD is better as a matter of fact. The rest of the above is inconsistent with what you wrote in previous paragraphs. By your own admission, Rio is non-mechanical, portable, digital recording and playback.
Jonathan |
