Posted by Jeff Rife on 11/18/05 18:49

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".

--
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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