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Are DVDs Software Or Films?
NewsWatcher writes: "In Australia a court case with international ramifications will decide if DVDs are software or films. If they are designated as software, rental prices will go through the roof, if they are films their distribution cannot be limited under copyright laws.
This article explains the ins and outs ." Unrelated incident -- FatRatBastard writes: "C|Net News is reporting that the new Warner Bros Powerpuff Girls DVD is infected with the FunLove virus. Note this only effects those who install the supplemental Windows software that comes on the DVD. The article claims that "The virus only affects PCs that load the disc, not DVD players" so I'm not sure if the DVD auto installs software if loaded on a Win PC, or if infection only happens if the user chooses to install the supplemental software."
I'm wondering what the wholesale vs retail prices are for videos, is the gap as wide?
From article:
Warner simultaneously releases DVDs to the retail and rental market. They are color coded - silver for retail at
a wholesale price of $24, and blue for rental, wholesaling at $55.
When Warner threatened to sue video shops caught renting the retail-designated DVD, the association -
representing 55 per cent of Australian video shops - took the offensive. It argues that under the Copyright Act,
Warner cannot restrict the rental of DVD movies.
It used to be that a few seconds at the front of every videotape said "Copying is prohibited, etc, etc," and you'd just fast forward through it. Nowadays all my DVDs have thirty second clips of FBI warnings, and they include codes that prevent my DVD player from fast forwarding. The DVD, literally, takes precedence over what I click on my remote control.
Although we all understand the UCITA has turned into a frightful mess, it seems like there does need to be a standard set of laws for software and content. When I buy a CD, most of the time I know what I'm getting and I know how to use it. When I buy a DVD, I don't know if they've somehow inserted idiotic menus and ads that I will be forced to watch.
Of course we know that. The problem is that "the Law" is not a place for "things that make sense". Consider writeable CDs. Some are dirt cheap, $1 each or so. Others are $10 or more. The difference, a few bits on the CD itself? The $10 kind are the only kind that work in consumer electronics and are designed for copying music. This makes two CDs that are physically essentially identical into two different products that are taxed and priced differently.
The problem is what to do about mixed media. A DVD that contains "pc-friendly" (ha) software is a movie with software on it. What about music CDs that have some fun "interact with the band" software goodies on them? It might be sold in a music store next to music cds, but is it "music", is it more "music" than "software"? Finally, what if one of these cds was originally intended as a mainly music item, but the software happens to be so cool that people buy it just for the software and ignore the music entirely.
I don't think consumers need to fear this one much. While either film distributors or video stores will see their margins affected, it all balances out in the end.
Should the courts decide that DVDs *are* films, we'll probably just see more DVD's come out in an expensive version targeted at video stores a few weeks before the consumer market priced DVD's come out. Motivated video stores will get the releases early on (most have special agreements with the film distributors already anyhow). Those stores that wait will not see as many rentals since demand is highest at initial release, but they will save one the cost of the DVD.