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Posted by Jeff Rife on 11/12/79 11:32
Goro (evilninjax@yahoo.com) wrote in alt.video.dvd:
> 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?
Not without a specific court ruling about an individual using them in a
"fair use" way, no. Until then, the lawsuits are based solely on the
"distribution of a device that decrypts" clause. As far as I can tell, that
clause would not stand up to a true "fair use" test, but the MPAA is being
very smart in making sure that part is never tested.
The law is basically "if an individual has and uses a device to decrypt,
then as long as the use is either non-infringing or defensible under 'fair
use', then they are fine, but there is no way for anyone to legally sell
them such a device".
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Jeff Rife |
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