(from http://www.eff.org/IP/faq/)

The RIAA and MPAA trot out their spokespeople at conferences and public
events all over the country, repeating their misleading talking points.
Innovators are pirates, fair use is theft, the sky is falling, up is
down, and so on. Their rhetoric shouldn’t be given a free pass.

To that end, EFF has prepared a sample list of tough questions for
times when you hear entertainment industry representatives speaking and
want to challenge their positions. Asking hard questions is a way of
“keeping honest people honest” and revealing when they’re actually
being deceptive. Feel free to republish these and add your own
questions, or send additions to us at editor@eff.org.

Music

  1. The RIAA has sued
    more than 20,000 music fans for file sharing, yet file sharing
    continues to rapidly increase both online and offline. When will you
    stop suing music fans?
  2. The RIAA has sued
    over 20,000 music fans for file sharing, who have on average paid a
    $3,750 settlement. That’s over $75,000,000. Has any money collected
    from your lawsuits gone to pay actual artists? Where’s all that money
    going?
  3. The RIAA has sued over 20,000 music fans for file sharing. Recently, an RIAA representative reportedly suggested that
    “students drop out of college or go to community college in order to be
    able to afford [P2P lawsuit] settlements.” Do you stand by this advice?
    Is this really good advice for our children’s futures?
  4. The RIAA said that it only went after
    individual file sharers because you couldn’t go after P2P system
    creators. After the Supreme Court’s Grokster decision, shouldn’t you stop going after music fans?
  5. Major entertainment companies have repeatedly brought lawsuits to block new technologies,
    including the VCR, Digital Audio Tape recorders, the first MP3 player,
    the ReplayTV PVR, and now P2P software. Why is your industry so hostile
    to new technologies?
  6. DRM has clearly failed to stop songs from getting on file sharing networks, but it does prevent
    me from moving lawfully purchased music onto my iPod and other portable
    devices. Unlike the major record labels, many popular indie labels
    offer mp3 downloads through sites like eMusic. Why won’t you let fans
    purchase mp3s as well?
  7. The RIAA says that it doesn’t mind if
    I rip CDs to my personal computer and put them on my iPod. Do I need
    your permission to do this or can I legally do it even if you object?
  8. Recording off the radio is clearly permitted by copyright law and
    something Americans have done for over 25 years, but the RIAA supports
    legislation restricting devices that record from digital radio. Why are you against TiVo for radio?
  9. Sony BMG recently implemented a DRM technology
    that damaged users’ computers. But for independent researchers’
    analyses, this serious flaw may have gone undiscovered. After this
    scandal, will record labels allow any computer scientist or security
    expert to examine these products and agree not to sue them under the
    DMCA?

Video

  1. The major movie studios have been
    enjoying some of their most profitable years in history over the past
    five years. Can you cite to any specific studies that prove
    noncommercial file sharing among fans, as opposed to commercial DVD
    piracy, has hurt the studios’ bottom line in any significant way?
  2. Is it legal for me to bypass CSS DVD
    encryption in order to skip the “unskippable” previews at the beginning
    of so many DVDs? Why should I have to be forced to watch these ads when
    I already bought the DVD?
  3. Is it legal for me to skip the
    commercials when I play back time-shifted TV recordings on my TiVo or
    other PVR? How is this different than getting up and going to the
    bathroom?
  4. Why are there region-code
    restrictions on DVDs? How does this prevent copyright infringement? Is
    it illegal for me to buy or and use a region-free DVD player, or to
    modify a DVD player to be region-free?
  5. In several lawsuits, the MPAA has repeatedly said that it’s illegal to make a back-up of a DVD that I purchased. Why is this illegal?
  6. Is it ever legal for me to use
    software like DVD Shrink or Handbrake to rip a digital copy of a DVD I
    own onto a video iPod or my laptop? What if I want clips to use for a
    class report? Or if a teacher wants to include a clip in a PowerPoint
    slide?
  7. Is there anything illegal about copying TV shows I’ve recorded off the air onto my video iPod?
  8. If the MPAA-backed “broadcast flag”
    bill passes, I won’t be able to move recorded TV content digitally to
    my current video iPod. Why should TV studios get to take away my
    ability to lawfully time- and space-shift?
  9. Major entertainment companies have repeatedly brought lawsuits to block new technologies,
    including the VCR, Digital Audio Tape recorders, the first MP3 player,
    the ReplayTV PVR, and now P2P software. Why is your industry so hostile
    to new technologies?
  10. Hollywood is pushing legislation to “plug the analog hole.”
    These restrictions won’t keep copyrighted video off of file sharing
    networks, but they will would block me from excerpting a recorded TV
    show for a school report or using tools like the Slingbox to send
    recorded TV shows to myself over the Internet. Why are you trying to
    restrict these legitimate uses?
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