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Re: Sony faces 'spyware' backlash

Posted by Alpha on 11/18/05 21:26

"Jeff Rife" <wevsr@nabs.net> wrote in message
news:MPG.1de7ec357da0d92f98a126@news.nabs.net...
> Goro (evilninjax@yahoo.com) wrote in alt.video.dvd:
>> I think this refers to the DMCA and DVD fair use copying. If I want to
>> make a backup copy for personal use (fair use), that is legal, however,
>> using (say) DVDDecrypter to break the CSS is a DMCA violation
>> regardless of intent.
>>
>> Correct Me If I'm Wrong Here.
>
> You are, but only because that's how the studios want you to think.
>
> DMCA is merely an revision to US copyright law (mostly it added chapter 12
> to 17 USC, but there are some other changes, too), and it still lives
> within that framework.
>
> Specifically, the text in 17 USC 1201(c)(1) says that you can still use
> "fair use" as a defense to a copyright infringement case that concerns
> the rest of 17 USC 1201. The DeCSS writers tried to use this, but they
> weren't sucessful because they were actually being sued for contributory
> infringement because they distributed a "device" to break an encryption.
>
> But, an individual would almost certainly be able to use "fair use" to
> defend using DVDDecrypter (as your example) to copy a DVD *if* the reason
> really was "fair use" (e.g., they were creating a copy of a DVD they own
> to build their own DVD jukebox on their PC). If they were renting movies,
> making copies, returning the movies and keeping the copies indefinitely,
> then that wouldn't be "fair use".

The DeCSS group is suing DVD Jukebox manufacturers under the DMCA. Are you
saying
that if an individual builds a jukebox, it probably is covered?

Another hypothetical: What if someone is studying in school Copalla, for
example. Can that individual
extract excerpts from the Copalla DVDs to study side by side on their
computer?

I mostly have only read 17 USC 1201, and you know this better than I do. I
am curious what you think.

>
> --
> Jeff Rife | "Tragedy struck today in Sector Nine as rebel
> | terrorists blew up the Death Star, killing
> | thousands. The Rebel Alliance, a fringe group
> | of anti-Empire fanatics, has claimed
> | responsibility for the terrorist act.
> | Fortunately, Lord Vader escaped without harm.
> | Our hearts go out to the families of the
> | victims."
> | -- "NewsRadio"

 

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