DMCA question
#1
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DMCA question
Alright, this question is based on the recent ruling against 321 studios (DVD X COPY).
http://story.news.yahoo.com/news?tmp...media_321_dc_5
I understand that under the DMCA, it is a per se violation to circumvent copyright protection schemes. Quite frankly, that's what DVD X Copy does.
However, under the DMCA, a user is allowed to copy media for backup purposes.
These two provisions seemingly contradict each other, as you could not make a copy without breaking the protection.
I think the DMCA is the worst piece of legislation regarding digital rights that Congress has ever passed. It's fraught with contradicitons and vagueries like this one.
So my question is how can one make a copy of his/her digital media, a right under the DMCA, without violating the DMCA?
http://story.news.yahoo.com/news?tmp...media_321_dc_5
I understand that under the DMCA, it is a per se violation to circumvent copyright protection schemes. Quite frankly, that's what DVD X Copy does.
However, under the DMCA, a user is allowed to copy media for backup purposes.
These two provisions seemingly contradict each other, as you could not make a copy without breaking the protection.
I think the DMCA is the worst piece of legislation regarding digital rights that Congress has ever passed. It's fraught with contradicitons and vagueries like this one.
So my question is how can one make a copy of his/her digital media, a right under the DMCA, without violating the DMCA?
#2
DVD Talk Platinum Edition
Re: DMCA question
Originally posted by DVD Josh
However, under the DMCA, a user is allowed to copy media for backup purposes.
However, under the DMCA, a user is allowed to copy media for backup purposes.
No such provision exists within the DMCA.
DJ
#3
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Re: Re: DMCA question
Originally posted by djtoell
No such provision exists within the DMCA.
DJ [/B]
No such provision exists within the DMCA.
DJ [/B]
#4
DVD Talk Platinum Edition
Re: Re: Re: DMCA question
Originally posted by DVD Josh
That was however 321's argument in its defense.
That was however 321's argument in its defense.
321 didn't argue that the DMCA allows for backup copies, but rather that the Constitution protects such fair uses. And they lost.
Generally speaking however, isn't a user entitled to make a backup for personal purposes?
DJ
Last edited by djtoell; 02-21-04 at 12:50 PM.
#6
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Originally posted by chemosh6969
A lot of dvds don't have copy protection and those are the ones you can backup. As for all the others, you are SOL
A lot of dvds don't have copy protection and those are the ones you can backup. As for all the others, you are SOL
The only way to back up your dvds under the fair use provision is thru the "analog hole," that is, to copy the signal that comes out of the dvd player and to the tv/vcr. Atleast until the law forbidding that gets passed (the MPAA is trying hard).
#7
Banned
Originally posted by duz
A lot? You must buy nothing but dvds from A&E then.
A lot? You must buy nothing but dvds from A&E then.
Originally posted by duz
The only way to back up your dvds under the fair use provision is thru the "analog hole," that is, to copy the signal that comes out of the dvd player and to the tv/vcr. Atleast until the law forbidding that gets passed (the MPAA is trying hard).
The only way to back up your dvds under the fair use provision is thru the "analog hole," that is, to copy the signal that comes out of the dvd player and to the tv/vcr. Atleast until the law forbidding that gets passed (the MPAA is trying hard).
#9
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Originally posted by iove
Hmmm...Porn isn't usually copy protected and it certainly doesn't make up 25% of my collection!
Hmmm...Porn isn't usually copy protected and it certainly doesn't make up 25% of my collection!
dvds that aren't from the big studios that are supporting the DMCA a lot of times aren't protected.
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Originally posted by duz
The only way to back up your dvds under the fair use provision is thru the "analog hole," that is, to copy the signal that comes out of the dvd player and to the tv/vcr. Atleast until the law forbidding that gets passed (the MPAA is trying hard).
The only way to back up your dvds under the fair use provision is thru the "analog hole," that is, to copy the signal that comes out of the dvd player and to the tv/vcr. Atleast until the law forbidding that gets passed (the MPAA is trying hard).
Gotta love possible (some would say very likely) interpretations of the DMCA, huh? When they add any measure of 'protection', which can mean so little, fair use is gone.
#11
DVD Talk Special Edition
Sony had Federal rulings against them when Universal tried to make VCRs illegal until it was eventually overturned by the Supreme Court. Even if they lose this case it does nothing to stop mass produced piracy which is far more sophisticated than any home PC software app.
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Originally posted by ScottReynolds
I say this with respect, but you may have just violated the law. You just circumvented a copy protection.
Gotta love possible (some would say very likely) interpretations of the DMCA, huh? When they add any measure of 'protection', which can mean so little, fair use is gone.
I say this with respect, but you may have just violated the law. You just circumvented a copy protection.
Gotta love possible (some would say very likely) interpretations of the DMCA, huh? When they add any measure of 'protection', which can mean so little, fair use is gone.
#13
DVD Talk Platinum Edition
Originally posted by duz
Nope, the DMCA refers only to digital circumvention.
Nope, the DMCA refers only to digital circumvention.
DJ
Last edited by djtoell; 02-23-04 at 01:45 AM.