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Posted by Goro on 10/07/16 11:32
Jeff Rife wrote:
> 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".
Well, that seems reasonable, but then applications like
DVDDecrypter/DVDShrink/DVDXCopy would have fair use applications.
However, DVDXcopy and DVDDecrypter have both been served with DMCA
violations, iirc. At least the guy writing DVDDecrypter was served
notice from Sony.
I'd expect that if what you said was true, then these apps would
continue to be allowed?
-goro-
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