Artisan's High-Def Versions of Recent Discs
05-04-03, 01:55 AM
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Artisan's High-Def Versions of Recent Discs
I wanted to reply to another thread, but it was closed.
Regarding Artisan's High-Defininition versions of some of their upcoming discs in Microsoft Media Player 9 format...
It's perfectly within one's rights as a consumer to make a backup copy in other media/formats of a recording or movie. This is protected by the Digital Millenium Copyright Act. You can record a CD to MiniDisc or cassette to take with you while jogging - you can make a back up copy of a piece of software in case the original disc is damaged, and you can legally (although maybe not practically) back up your DVDs to another media, if you're able.
In fact, studios may be violating the DMCA by putting copy protection schemes in place that prevent licensees (i.e., those who've purchased a copy of the media) from making copies of the work.
In any case, no one suggested that anyone violate any copyright laws or anything else illegal. Since the new T2 disc has a version on it that's intended to be playable on one's computer, making a backup of that media is certainly a valid (and legal) concern.
I don't know the answer to the question in the other thread, but it would be nice to be able to view the HD version on a television, without having to buy a D-VHS tape system.
There's talk that Media Player files may someday be playable in stand-alone DVD players so that people can make use of their larger screen HD-TVs. I hope this is so, because as of now the HD versions are little more than a novelty if you have to sit in front of your computer to watch a movie.
-- Jough
Regarding Artisan's High-Defininition versions of some of their upcoming discs in Microsoft Media Player 9 format...
It's perfectly within one's rights as a consumer to make a backup copy in other media/formats of a recording or movie. This is protected by the Digital Millenium Copyright Act. You can record a CD to MiniDisc or cassette to take with you while jogging - you can make a back up copy of a piece of software in case the original disc is damaged, and you can legally (although maybe not practically) back up your DVDs to another media, if you're able.
In fact, studios may be violating the DMCA by putting copy protection schemes in place that prevent licensees (i.e., those who've purchased a copy of the media) from making copies of the work.
In any case, no one suggested that anyone violate any copyright laws or anything else illegal. Since the new T2 disc has a version on it that's intended to be playable on one's computer, making a backup of that media is certainly a valid (and legal) concern.
I don't know the answer to the question in the other thread, but it would be nice to be able to view the HD version on a television, without having to buy a D-VHS tape system.
There's talk that Media Player files may someday be playable in stand-alone DVD players so that people can make use of their larger screen HD-TVs. I hope this is so, because as of now the HD versions are little more than a novelty if you have to sit in front of your computer to watch a movie.
-- Jough
05-04-03, 02:30 AM
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DVD Talk Platinum Edition
Re: Artisan's High-Def Versions of Recent Discs
Originally posted by jough
It's perfectly within one's rights as a consumer to make a backup copy in other media/formats of a recording or movie. This is protected by the Digital Millenium Copyright Act.
It's perfectly within one's rights as a consumer to make a backup copy in other media/formats of a recording or movie. This is protected by the Digital Millenium Copyright Act.
In fact, studios may be violating the DMCA by putting copy protection schemes in place that prevent licensees (i.e., those who've purchased a copy of the media) from making copies of the work.
Do you actually have any familiarity with the DMCA?
DJ
05-04-03, 03:06 AM
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Re: Re: Artisan's High-Def Versions of Recent Discs
Originally posted by djtoell
Do you actually have any familiarity with the DMCA?
Do you actually have any familiarity with the DMCA?
The DMCA of 1998 contains provisions for preventing the circumvention of copy-protection schema. HOWEVER, section 1201 clearly states that the DMCA does not affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, nor does it alter the existing doctrines of vicarious and contributory liability.
Section (f) lists several exemptions to circumvention protection. Among these excemptions is the ability to circumvent copy protection for one's own use provided that the consumer lawfully obtained the copyrighted work and that circumvention is otherwise permissible under applicable law.
Due to the Digital Media Consumer's Rights laws of 2002 (HR 5544), it has become illegal for music and video manufacturers to employ copy protection that would disable the consumer's ability to make copies of that media for their own use without labelling the media as such, pre-sale.
Moreover, according to the "Digital Choice and Freedom Act" (HR 5522)
The Digital Millennium Copyright Act
(‘‘DMCA’’) was enacted as an attempt to safeguard the traditional balance in the face of these new challenges. It gave copyright holders the ability to fight digital piracy by employing technical restrictions that prevent unlawful access and copying. In practice, however, the DMCA also endangered the rights and expectations of legitimate consumers.
Contrary to the intent of Congress, section
1201 of title 17, United States Code, has been interpreted to prohibit all users—even lawful ones—from circumventing technical restrictions for any reason. As a result, the lawful consumer cannot legally circumvent technological restrictions, even if he or she is simply trying to exercise a fair use or to utilize the work on a different digital media device.
USE OF LAWFULLY OBTAINED DIGITAL
WORKS.—Notwithstanding the provisions of section 106, it is not an infringement of copyright for a person who lawfully obtains a copy or phonorecord of a digital work, or who lawfully receives a transmission of a digital work, to reproduce, store, adapt, or access the digital work—
‘‘(1) for archival purposes, if all such archival copies are destroyed or rendered permanently inacessible in the event that continued possession of the work should cease to be rightful; and
‘‘(2) in order to perform or display the work, or an adaptation of the work, on a digital media device, if such performance or display is not public.
(‘‘DMCA’’) was enacted as an attempt to safeguard the traditional balance in the face of these new challenges. It gave copyright holders the ability to fight digital piracy by employing technical restrictions that prevent unlawful access and copying. In practice, however, the DMCA also endangered the rights and expectations of legitimate consumers.
Contrary to the intent of Congress, section
1201 of title 17, United States Code, has been interpreted to prohibit all users—even lawful ones—from circumventing technical restrictions for any reason. As a result, the lawful consumer cannot legally circumvent technological restrictions, even if he or she is simply trying to exercise a fair use or to utilize the work on a different digital media device.
USE OF LAWFULLY OBTAINED DIGITAL
WORKS.—Notwithstanding the provisions of section 106, it is not an infringement of copyright for a person who lawfully obtains a copy or phonorecord of a digital work, or who lawfully receives a transmission of a digital work, to reproduce, store, adapt, or access the digital work—
‘‘(1) for archival purposes, if all such archival copies are destroyed or rendered permanently inacessible in the event that continued possession of the work should cease to be rightful; and
‘‘(2) in order to perform or display the work, or an adaptation of the work, on a digital media device, if such performance or display is not public.
It's the "reproduce... [or] adapt" section that permits making backups of your DVDs as long as you do not make the performance of the content public.
Public displays of DVD content is prohibited under most extant copyright law, so that's mostly a moot point.
I hope this clears things up a bit.
-- Jough
05-04-03, 03:35 AM
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DVD Talk Platinum Edition
Re: Re: Re: Artisan's High-Def Versions of Recent Discs
Originally posted by jough
The DMCA of 1998 contains provisions for preventing the circumvention of copy-protection schema. HOWEVER, section 1201 clearly states that the DMCA does not affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, nor does it alter the existing doctrines of vicarious and contributory liability.
The DMCA of 1998 contains provisions for preventing the circumvention of copy-protection schema. HOWEVER, section 1201 clearly states that the DMCA does not affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, nor does it alter the existing doctrines of vicarious and contributory liability.
Section (f) lists several exemptions to circumvention protection. Among these excemptions is the ability to circumvent copy protection for one's own use provided that the consumer lawfully obtained the copyrighted work and that circumvention is otherwise permissible under applicable law.
Due to the Digital Media Consumer's Rights laws of 2002 (HR 5544), it has become illegal for music and video manufacturers to employ copy protection that would disable the consumer's ability to make copies of that media for their own use without labelling the media as such, pre-sale.
Moreover, according to the "Digital Choice and Freedom Act" (HR 5522)
This is an amendment to the DMCA made in October 2002, so I can understand if you're not aware of more recent laws.
DJ
Last edited by djtoell; 05-04-03 at 04:17 AM.
05-05-03, 02:32 AM
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BTW, it might be worth noting that, upon further research, the last sentence of my post turned out to be true: both bills expired and were reintroduced. The Digital Media Consumers' Rights Act is now HR 107, introduced 1/7/03 and sent to the House Judiciary Committee on that date. As of 3/6/03, it was sent to a subcommittee. The Digital Choice and Freedom Act is now The Benefit Authors without Limiting Advancement or Net Consumer Expectations (BALANCE) Act, HR 1066, and was introduced on 3/4/03 and sent to the House Judiciary Committee on that date. According to the Information for Public Affairs' Billcast prediction system, these both have about a 1-2% chance of passing the House.
DJ
DJ
05-05-03, 01:02 PM
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within rights or not, I hear the T2 Hi Def is 6.5 gigs of files and that it's copy protection makes it so that it can only be played off of a DVD....so, no DVD-R will work (4.7 GB is too small) and no hard drive will work. You gotta buy the disc....but you could always ouput it from your HTPC's DVD-ROM to a hi def monitor.
05-05-03, 04:02 PM
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It's not really a matter of buying the disc as it is wanting to watch the HD version on a HD TV rather than on a computer.
The real problem of course is that there's no HD-DVD standard, so I guess we'll have to wait a few years to see T2 in true HD.
-- Jough
The real problem of course is that there's no HD-DVD standard, so I guess we'll have to wait a few years to see T2 in true HD.
-- Jough
05-05-03, 05:10 PM
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DVD Talk Limited Edition
I don't have an HDTV, and I do have the ability to watch these on my computer, but I'm still not going to be buying this for the HI-Def version because, in spite of having a 21" monitor and decent sound and a couch in the computer room, I really don't enjoy watching movies on my computer.
I watched those BMW videos that came on the "free" MS disk on the computer, and those were ok, because they were short, but a full length movie I'd get too antsy--for some reason, it just doesn't hold my attention as well as settling down on the recliner to watch a movie.
I watched those BMW videos that came on the "free" MS disk on the computer, and those were ok, because they were short, but a full length movie I'd get too antsy--for some reason, it just doesn't hold my attention as well as settling down on the recliner to watch a movie.
Last edited by Ginwen; 05-05-03 at 05:13 PM.
05-05-03, 06:18 PM
#9
Whether or not you will be prosecuted under DMCA or USC codes, depends on a few very important factors:
1) The purpose of making the copy
2) The amount of copies
Whether or not it's legal, is really not the issue, because a court or DA, will not prosecute you for making a single copy backup of a DVD. It might be illegal to jaywalk, but how many people get ticketed for it, and would it be a necessity of the courts? No.
In other words, as long as you are not a copyPirate, and have several copies of the SAME movie or cd, and are not making a profit off of those copies, you're fine.
We can argue legality all we want, but what it comes down to is, will you be prosecuted and the probability of it.
Several states have laws against heterosexual sodomy, but are they actively enforced? Nope. Is it illegal to have a little kinky sex with your girlfriend. Yes--in about 20 states, it is.
So, we have many laws--too many--and yes, we do things that are considered illegal by law all the time.
1) The purpose of making the copy
2) The amount of copies
Whether or not it's legal, is really not the issue, because a court or DA, will not prosecute you for making a single copy backup of a DVD. It might be illegal to jaywalk, but how many people get ticketed for it, and would it be a necessity of the courts? No.
In other words, as long as you are not a copyPirate, and have several copies of the SAME movie or cd, and are not making a profit off of those copies, you're fine.
We can argue legality all we want, but what it comes down to is, will you be prosecuted and the probability of it.
Several states have laws against heterosexual sodomy, but are they actively enforced? Nope. Is it illegal to have a little kinky sex with your girlfriend. Yes--in about 20 states, it is.
So, we have many laws--too many--and yes, we do things that are considered illegal by law all the time.
