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Posted by Jeff Rife on 10/05/19 11:37
Bob (spam@uce.gov) wrote in alt.video.dvd:
> >Two separate courts, one in California, the other in New York, have
> >issued orders for 321 Studios, maker of DVDXCopy, to stop selling its
> >software. That software includes DeCSS code, which circumvents the copy
> >protection mechanism in commercial DVD movies--an action that is
> >expressly forbidden by the Digital Millennium Copyright Act, no matter
> >what the circumstance.
>
> Right there you know whoever wrote this article does not know what he
> is talking about. Read the DMCA and find that there are several
> exceptions, including fair use.
But, they don't apply here.
The DMCA is quite specific about distribution of devices (and software is
considered a device) whose primary purpose is to defeat a DMCA-covered copy-
protection system. There are absolutely no exceptions allowed.
So, the company making and selling the software is guilty of contributory
infringement. Users of the software can assert "fair use" if they are ever
challenged.
Note that no movie studio has done this challenge, and the primary reason
is they don't want to, because it would likely result in a specific ruling
that personal copying is allowed even if it requires breaking a DMCA-
protected encryption. That, in turn, would open the door to allowing
devices that are intented only for personal copying.
--
Jeff Rife |
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