Posted by Jeff Rife on 11/18/05 22:08

Alpha (none@none.net) wrote in alt.video.dvd:
> The DeCSS group is suing DVD Jukebox manufacturers under the DMCA.

I believe what you are trying to say here is that the DVD Consortium is
suing DVD Jukebox manufacturers.

Because they have devices that defeat CSS to copy DVDs onto the hard drive,
they are being sued for building and distibuting a device that defeats
a copy protection system. There is no "fair use" defense for this, but
you can use "fair use" to defend your right to use the device. In other
words, if you have purchased such a device, the MPAA (or the DVD
Consortium) can't require you to give it back even if they force the maker
to stop making it.

> Are you
> saying that if an individual builds a jukebox, it probably is covered?

Well, if by "builds a jukebox" you mean "make a copy of DVDs that you own
onto a hard drive", yes, that would certainly be covered by "fair use",
especially if the DVDs themselves are stored away as backups.

> 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?

Who is this "Copalla" of which you speak? I don't think anybody would be
studying anyone by that name.

Now, if you are talking about the guy that directed "The Godfather", then,
yeah, that's just fine, despite what the MPAA might have you believe.
There is no difference between analog, digital, encrypted analog, and
encrypted digital as far as copyright law and individual copying is
concerned. There *are* differences as far as manufacturers of devices
are concerned.

You can play back the DVD, capture the analog video to the hard drive and
then do your research, or you can rip the DVD using a DeCSS program.
Either way, the use is definitely "fair use".

You'll note that the MPAA (and RIAA) haven't even tried to sue anybody for
anything close to this...only downloading of material has been targeted
(and then, only material that is available for sale...nobody has been hit
solely for downloading current TV shows, as this is usually done by people
who just missed the show for some reason, and the MPAA knows this). The
primary reason that is that the MPAA doesn't want a case that they lose
that firmly establishes the right of an individual to make a copy for
various personal uses.

--
Jeff Rife |
| http://www.nabs.net/Cartoons/AngryTVGod.gif

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