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Philips Says Compact Discs Can't be Copyprotected

Tomcat666 writes "tecChannel has a story about Philips, the holder of the most CD digital audio (CD-DA) patents. Apparently, they don't like the audio CD copy protection many record companies want to enforce in the future. They break the CD-DA standard and therefore are not allowed to use the logo. As a conclusion, Philips' next audio CD copier will be able to detect and probably circumvent the copy protection of audio CDs." This article is Auf Deutsch but the fish does a tolerable job of making it sane for those who can't remember the proper gender of all their nouns.

58 of 588 comments (clear)

  1. Perfect. by jwilhelm · · Score: 5, Insightful

    This is exactly what we need. Someone to stand up to the new practice of wrecking the CDs so they can't be played on certain players. I never actually pictured one of the larger companies doing that, but Phillips is apparently in a perfect position to do it.

    1. Re:Perfect. by Fembot · · Score: 4, Interesting

      I never thought id say this but maybe having patents isnt such a bad thing after all as long as there owned by resonible people or companies

      And phillips are certainly playing their cards quite nicely except for one thing. Can they be got under the dmca for this?? Although that might have the added bonus of a large coropartion with their big army of lawyers taking on the dmca

    2. Re:Perfect. by gweihir · · Score: 5, Interesting

      Can they be got under the dmca for this??

      No. Copy protected audio CD's are no audio CDs and may therefore not carry the CD logo. If Phillips would want to enforce that, nobody could do anything about it. The article calls copy protected audio CD's "silver disks that look similar to audio CDs but are no audio CDs".

      They will likely not enforce the logo issue as the patents expire this and next year.

      As to the copying itself, as long as they make audio CD copiers, bypassing any deviations from the standard (like copy protection on silver disks that look like audio CDs ) is just a form of error correction, as an audio CDs cannot have a copy protection by definition. And if people use audio CD copiers to copy something completely different (namely silver disks that ....) it is not their fault.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted and ignored otherwise.
    3. Re:Perfect. by xonker · · Score: 4, Insightful

      I never thought id say this but maybe having patents isnt such a bad thing after all as long as there owned by resonible people or companies

      Well, the really big difference between Phillips CD patent and many that are being used now is that the CD patent was truly innovative. It's not a patent over a process or of something totally obvious. Also, as far as I can tell, Phillips hasn't been punative with it or tried to stifle competition with it. The infamous Amazon "one-click" patent on the other hand, is the worst of both worlds. They're only using it to try to harm Barnes & Noble. Patents have largely devolved from a way to protect innovation to a way to stifle it.

      It is likely to raise DMCA questions, but I really think that this highlights the innate stupidity of the DMCA and might represent a good way to challenge it in court.

  2. My eyes are bugging out here... by alleria · · Score: 5, Funny

    Phillips is doing practically everything I would have wanted a hardware manufacturer (and holder of the CD Rom license) to do!

    So, mmm, what's the giant conspiracy? Why is this happening?

    1. Re:My eyes are bugging out here... by Jason+Earl · · Score: 5, Insightful

      It's simple. Phillips is in the hardware business. They know that most of their customers want to copy CDs, and they figure that they probably can make some money by being the hardware manufacturer to sell a CD player that will copy so called copy-protected CDs.

      I know that I would pay extra for a CD player that would allow me to make a backup copy. Wouldn't you?

      That's really the beauty of the free enterprise system. As long as their is competition the customer gets what they want at the lowest possible price. Of course, in reality sometimes it's more miss than hit.

  3. It's nice to see... by wo1verin3 · · Score: 4, Offtopic

    big business supporting the little guys.

    Regardless of copyright, would they not be in violation of copyright for producing a device that bypasses a circumvention method?

    DMCA seems to be more important then other laws, such as fair use lately.

    I wonder if Phillips is prepared to fight against the DMCA, that would be a huge boost in the fight.
    If they do, my next cd-rom will be phillips.

    1. Re:It's nice to see... by xonker · · Score: 5, Interesting

      Regardless of copyright, would they not be in violation of copyright for producing a device that bypasses a circumvention method?

      Maybe, but that means the RIAA would have to sue someone their own size, which would be very interesting. It also would pit the DCMA against patent rights and other goodies... I'd love to see Phillips get sued. Not because I don't like them, but because they have the means to fight back.

      I suddenly feel very good about having bought a Phillips CD/CD-R for my stereo system...

    2. Re:It's nice to see... by CodeShark · · Score: 5, Insightful
      Oh.... this could be good. See if my logic holds water or not...:
      1. The RIAA tries to clobber Phillips with the DCMA,
      2. Phillips replies in effect saying "okay fine. Since your CD's don't comply to the CD-DA standard which we licensed to you in our patents, you are in violation of the licensing agreements which allowed you to use our patented technologies."
      3. Phillips sues the RIAA for breach of contract and obtains an injunction blocking future sales of all or just the incompatible CDs.
      4. RIAA companies can no longer sell a certain amount of music until the court case is finished.
      5. The RIAA folds on copy protection because they can't afford to lose that much money in sales.
      Myself, I'd bet against any such thing happening, because Phillips would lose alot of money as well, but wouldn't it be nice if I was wrong?
      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    3. Re:It's nice to see... by CodeShark · · Score: 4, Redundant

      Dang. Read the article... Phillips patents expire in 2002 and 2003, and it would take that long just to get the litigation moving. We may be screwed.

      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    4. Re:It's nice to see... by monkeydo · · Score: 4, Insightful
      1. Assuming there is a case to be made under the DMCA
      2. The only thing Phillips could do is demand that the copyprotected CD's not carry the "CD" label.
      3. I doubt that Phillips licensing agreement requires licensees to sell CD's
      4. They would be able to sell as much music as they want. They just wouldn't be able to sell copy-protect disks with the CD label. They could still sell non-copyprotected "CDs" or copy-protected "non-CD's".
      5. RIAA is an association of music distrubuters et al, they don't sell CDs. They would only cave on the issue if the member companies di, and rest assured they won't.

      The problem with all of the arguments here on /. is that these companies are literaly fighting for their existence. If Napster continued in existance and gained a few orders of magnitude in popularity it could quite realistincally put many of these music producers out of business. The irony of that would be that there'd be no new music left to trade since the over produced modern pop crap is always the most popular.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    5. Re:It's nice to see... by b1t+r0t · · Score: 4, Redundant
      Phillips patents expire in 2002 and 2003, and it would take that long just to get the litigation moving. We may be screwed.

      This isn't just a patent issue. Patents don't cover that little logo that says "CD Digital Audio", trademarks do. All they have to do is keep enforcing it, and it will stay in effect. The result is still that "broken" audio CDs will not be able to use the official logo.

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    6. Re:It's nice to see... by ScaryPhil · · Score: 5, Interesting

      I'm guessing it's the "compact disc" logo that wields the power here. If it's not a kosher "red book" CD, the owner of that logo has a good case for withholding the logo and/or prosecuting its abuse.

      You might also find that the mark "compact disc" is protected, so parading "compact disc"-alikes, but calling them "compact disc"s damages the mark, and could be prosecuted.

      IANAL, BTW.

    7. Re:It's nice to see... by PolyDwarf · · Score: 5, Interesting

      I wonder if Philips has the right to sue outlet stores (Best Buy, Wherehouse, Sam Goody, etc) if they put the copy-protected silver discs that sort of look like and sort of play like Audio CD's in their CD section? By definition, since the copy-protected discs aren't CDs (Assuminng Compact Disc, CD, etc are trademarked), they shouldn't be in the CD section, because it could lead to diluting of trademark...

    8. Re:It's nice to see... by dougmc · · Score: 5, Insightful
      It also would pit the DCMA against patent rights and other goodies...
      As far as I can tell, none of this really has anything to do with patents.

      What matters is that Philips owns the little `CD' logo, and can control how it's used. They have decided that since the copy protected CD's do not fit their specifications, their logo cannot be used with them. This ownership of the logo will not expire like a patent. (I assume it's a trademark?)

      This will not stop the RIAA. What it may do is prompt them to stop including that logo -- and it's not like it matters anyways. Back when CD's were new, maybe it [the logo] did make people happier that the logo was there. Now that most people are familiar with CD's, I doubt it matters at all.

      (Of course, it may eventually mean that this logo means `Unprotected CD. Fair Use rights not restricted' and so it'll be a good thing to have on your CDs again.)

      As far as Phillips making a copier that can copy these CDs goes, this really has nothing to do with the logo. It may be interesting to see how the RIAA responds to that, however -- and if Philips does actually make it and touts it's ability to copy `protected' CDs, I'd fully expect the RIAA to at least try to get them with the DMCA.

      Do CD copiers `rip' the CD digitally like a computer does, or do they just take the analog output and write it to the destination disc? If it's the latter, I'd fully expect CD copiers to copy most `protected' CD's right now. (What's probably the case is that there are CD Audio copiers that work in each way.)

      Even so, few people would use it or buy it. I only have two friends with CD Audio burners -- both musicians. Most of the rest of my friends have computers with CD Burners. And at least one of the musicians never uses this drive anymore -- he now uses the one on his computer, even for his own music.

      The difference is important for several reasons --

      Computer CDR drives are cheap.

      Audio CDR drives cost a lot more

      Computer CDR drives use cheap media.

      Audio CDR drives use expensive media. (The media is exactly the same, but the Audio blanks have a bit set that says `Ok for Audio', which most Audio CDR drives check for and require. Along with this bit being set, there's a tax being payed to somebody (RIAA?) that greatly increases the cost of the blank.)

      Computer CDR drives can do more than write audio tracks -- they can write audio tracks, data tracks, copy disks completely, etc. Even for writing straight audio tracks, the computer often makes this easier and faster (you're not limited to 1x) than the Audio CDR drive.

      Anybody know what the ratio of `Data CDR media' vs `Audio CDR media' sold in the US is? I'll bet it's at least 30:1.

    9. Re:It's nice to see... by Mr.+Slippery · · Score: 5, Insightful
      Phillips patents expire in 2002 and 2003, and it would take that long just to get the litigation moving.

      Ah, but there's not just a patent issue here, there's a trademark one. I belive that "Compact Disc", "CD", and simliar marks are registered to Phillips. You can't call it a CD without their ok...Phillips could have a lot of fun with that.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    10. Re:It's nice to see... by michael_cain · · Score: 4, Funny

      If the producer can no longer use the "compact disk" trademark to describe their disks, do we hear commercials that sound like "Available on cassette and round silver disks that might play in your CD player"?

  4. Don't get all excited, ladies and gentlemen by ColGraff · · Score: 4, Insightful

    Phillips will probably just create their own copy protection standard, incorporate that into CD-DA, and force other companies to pay for the privilege of using this new standard if they want to call themselves CD-DA compatible. No way Phillips is doing this out of the goodness of their collective hearts.

    --
    I'm the stranger...posting to /.
    1. Re:Don't get all excited, ladies and gentlemen by tekniklr · · Score: 5, Insightful

      Even so, this would still be a good thing. If there is only one "standard" CD copy protection that all record companies would use, then there is only one thing for people to concentrate their efforts on breaking.

      This would be similar to the use of one standard for DVD protection, and we all know about DeCSS....

    2. Re:Don't get all excited, ladies and gentlemen by Ooblek · · Score: 4, Interesting
      The AES/EBU digital audio output standard already includes protection bits in the stream. Since this is pretty much the standard for all professional audio equipment, I wonder why they just don't adapt the content to this. My guess is that people don't want to pay for the expensive D-A it requires to listen to the stream.

      An interesting note is that most professional audio systems totally ignore this protection bit. I believe most store-bought CDs have this bit set in their stream if you use a CD player capable of AES/EBU output. We used to plug it direct digital into a professional mixing console, which should have not read it since the bit was set. I think someone didn't have the insight to know that the honor system rarely works.

    3. Re:Don't get all excited, ladies and gentlemen by elefantstn · · Score: 5, Interesting

      No, it's not out of the goodness of their collective hearts, it's out of their desire for profit. Why the hell would people buy Philips' products - cd players and burners, if they couldn't use them? Philips "owns" no content, they just make and sell devices to do interesting things with content purchased from other companies? What interest do they have in copy protection? This comment is nothing more than nonsensical "all corporations are evil!" blathering, without even thinking about what might make a company do this.

      --
      If it ain't broke, you need more software.
    4. Re:Don't get all excited, ladies and gentlemen by mosch · · Score: 4, Informative
      Those protection bits are in S/PDIF as well as AES/EBU, it's called SCMS (Serial Copy Management System). It can be set to allow unlimited generations of copies (00), one generation of copies (11), or no copies whatsoever (10).

      You're correct, pro equipment generally lets you set it however you want regardless of the source, which is actually fairly appropriate. After all, there's not a huge market for things like $1000 standalone 1x cd burners, or $1500 DAT drives. People who own these things tend to actually have a legitimate need to have control over those bits.

      Though you're also correct that you can buy relatively inexpensive format convertors ($250 or so), that also offer SMCS management, which could be used to defeat the copy protection... or to fix the bits on the demo tape you made, to allow people to distribute it freely.

  5. Google Translator... by FortKnox · · Score: 5, Informative

    Since Hemos is the only one that realizes that the fish isn't the only translator...

    Google now has language tools, translates pages, AND will let you link to the translated page (that link is to the article in question). And, actually, google's translators are really good. Maybe even better than altavistas...

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Google Translator... by RatFink100 · · Score: 4, Interesting

      I tried your link after having use the fish. The output was identical!

    2. Re:Google Translator... by bughunter · · Score: 5, Funny
      [To paraphrase] The company firewall thinks I'm trying to circumvent its content restrictions.

      Heh, my company contracts CSC to provide internet and intranet services, and their web filter spat the following at me when I tried to translate the tecchannel.de page:

      "The request was denied, as specified in the SmartFilter Content Filter configuration. The content category reported is sex."

      I'd say that's pretty savvy of CSC, 'cuz the article is indeed about how consumers are getting sodomized by the RIAA!

      --
      I can see the fnords!
  6. English Version by railyard · · Score: 4, Informative

    NewScientist.com is carrying the same story in english

  7. Almost ALL copy protection is Illegal by CDWert · · Score: 4, Interesting

    In roughly 85% of all the countries Aucio CD's are being sold, there are Fi Use laws in place that do no allow for manufacturers to circumvent copy ability.

    Im glad to see Phillips is at least protecting their
    property and not allowing it to be emblazoned on a CD that does not conform to those standards, would MS allow their logo to be pasted on a S/390 and say built for windows 98 ?? No dont think so.....

    I hope all this copy circumvention leads to more piracy than ever before. JUST piracy of the stuff that was to be protected, maybe then theyll think twice....

    --
    Sig went tro...aahemmm.....fishing........
  8. Article in New Scientist by y137 · · Score: 5, Informative

    There's an enlish-language article on the subject at New Scientist:
    http://www.newscientist.com/news/news.jsp?id=ns999 91783

  9. Philips doesn't care if you live or die by Codex+The+Sloth · · Score: 4, Informative

    Honestly, Philips only has there self interest at stake here. I'm sure it's just posturing to get there own CD copy protection scheme in place. Hopefully they will do as bad a job as the DVD people did. The one thing we can all be sure of is that they don't care about you, me or the CD consumer -- these are the same people who try to sell "audio" CD-R's for $20!

    I recall someone who worked at Philips telling me -- "How was copper wire invented? Philips management squeezing a penny".

    --
    I am not a number! I am a man! And don't you ... oh wait, I'm #93427. Ha ha! In your face #93428!
  10. patent runs out soon by jugg · · Score: 4, Redundant

    Unfortuneatly according to the article, Philip's patent runs out in 2002/3 (hitting that 20yr mark).

    So, they won't be able to enforce it soon anyway.

    1. Re:patent runs out soon by sid_vicious · · Score: 5, Informative

      (From the parent post): Unfortuneatly according to the article, Philip's patent runs out in 2002/3 (hitting that 20yr mark).

      (From the article): They break the CD-DA standard and therefore are not allowed to use the logo. (emphasis mine)

      I'm not an IP lawyer (IANAIL..?), but I'm guessing that if the logo is *trademarked* by Phillips, then they will still get to decide who can put the logo on their disc regardless of whether or not they continue to maintain exclusive rights to the patent.

      --
      If it ain't broke, it doesn't have enough features yet.
    2. Re:patent runs out soon by n8willis · · Score: 5, Funny
      Unfortuneatly according to the article, Philip's patent runs out in 2002/3 (hitting that 20yr mark).


      Great Scott! I'm going to write to my Congressperson this very minute and lobby for an extension on patent lifetimes!

      Nate

      --
      -- Watch the REAL Jon Katz.
  11. YES! Get excited about this.... by thomis · · Score: 4, Insightful

    This is the argument I've made for a long time, and I think it's a strong one. The Red Book standards lay out what a cd is, and the CD mark you see on the back of any disc you buy is supposed to be a guarantee that the enclosed software will play on all compatible hardware. Any copy-protected cd fails this test, and should not legally be sold as a compact audio disc.

    This is great news, because it will take Phillips to enforce the standards

    --
    ceci n'est pas un 'sig'
  12. Rhetorics by j7953 · · Score: 4, Informative

    I'm happy to see that Slashdot changes is rhetorics from "copyright protection" to the somewhat preferable "copy protection." However, that term is still completely inaccurate. "Copy protection" does not protect copies. It does not protect your right to make a copy. It does, in fact, not protect anything at all (except the greed of the media industry).

    Some of the more accurate terms that you might prefer to use are "copy prevention" (that's what those technologies actually try to do) or "usage control" (that's the effect of copy prevention, e.g. your choice of playback devices is limited). To describe a media that is crippled by usage control technology, you can use something like "restricted use media."

    If you think these terms are too political, think about how political the terminology used by the media industry is. The only reason why "copyright protection" doesn't sound completely laughable to you is that you've heard it so often.

    --
    Sig (appended to the end of comments I post, 54 chars)
  13. Everyone sing along... by sid_vicious · · Score: 5, Funny

    As a conclusion, Philips' next audio CD copier will be able to detect and probably circumvent the copy protection of audio CDs.

    "I've got to admit, it's getting better... it's getting better all the time..."
    :-)

    --
    If it ain't broke, it doesn't have enough features yet.
  14. So why do the record companies care? by The+Wing+Lover · · Score: 5, Insightful

    If it's in a jewel case that looks like a CD, and is on the shelf in HMV, and costs the same as other CDs, and is on the shelf beside other CDs, do you think that most consumers would stop to look if it has the Philips CD logo on it?

    --

    - In Capitalist America, law violates YOU!

  15. Is this a hook for other legal action? by ErikTheRed · · Score: 5, Interesting

    Even though I'm not the hugest fan of government intervention in everything, Philips does raise a legitimate issue (one that we probably should have noticed first, but oh well) - that the copy protected CDs are being labelled and sold with the "Compact Disc - Digital Audio" logos even though they do not comply with the standards.

    Even in Philips doesn't pursue litigation, the US Gov't could certainly prosecute the record labels for defrauding consumers. It would be interesting to see if a class-action lawsuit could be filed under similar reasoning (although a class of N'Sync fans is probably something the world is better off without).

    --

    Help save the critically endangered Blue Iguana
  16. This is a non-event by NateTG · · Score: 5, Interesting

    If you read the article you will discover that:

    I. Phillip's patents expire in 2002 and 2003. So even if Phillips goes hog wild, the issue in court will be over before it goes to trial. So Phillips is not going to try to stop the copy protected CD's in court

    II. Sony is also a major CD patent holder, and is quite happily pressing massive numbers of CD's that don't even work with some of their equipment.

    III. The head of Phillips made the comment that consumer activism is the means to stop CD copy protection.

    IV. The Phillips CD copier hardware will probably not disable the copy protection, but just ignore it.

    If I wasn't so cynical I might see this as a corporation doing the "right thing," but I cannot see this as anything but a PR sound byte. Phillips is going to sit around for the last year of its patent and collect royalties like nothing was going on. The discussion with the exec. was purely technical.

    1. Re:This is a non-event by uriyan · · Score: 4, Insightful

      This has nothing to do with patents, it's about trademarks

      Phillips owns the CDDA trademark and controls what is called CDDA and what is not. It is in Phillips' interest not to call "CDDA compliant" a copy-protected disk that is not CDDA compliant.

      It's definitely not a non-event, quite the opposite actually. Noone gets happy when he notices that the term under which a technology was licensed are abused, and neither does Phillips.

  17. CD Copy-Protection Up Hill Battle by rootmonkey · · Score: 5, Interesting

    Recently law makers have been showing resistance to industry execs who are pushing cd copy-protection. Here is a recent story on this. The recording industry according to this article is rethinking copy protection all together.

    --

    Yes but every time I try to see it your way, I get a headache.
  18. English-language story on this ... by Daniel+Dvorkin · · Score: 5, Informative

    Philips says copy-protected CDs have no future at New Scientist. As an aside, I find New Scientist to be one of the best all-around sources for sci/tech news.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  19. Is copyprotection computer fraud ? by tempmpi · · Score: 5, Interesting

    There is an interesting court case against BMG that is linked to the violations of the CD-DA standard all current cd copyproctions use. In germany it is a punishable act to use false or incomplete data to affect the result of data processing in a way that someone loses property. This offence is called "computer fraud" and is punishable with up to 5 years jail.
    It is easy to see that these copyprotections use false data. They all contain the CD-DA logo but contain data that isn't valid in the current standard. That there is a lose of property is also easy to show. You could easily waste a cd-r ,disk space or your time while you try to make a legal copy as it is allowed by fair use rules. It doesn't matter how much money or property you lose.
    Read all about it in a real nice article by telepolis. The article is in german, but google produces a readable version.

    --
    Jan
  20. Best quote from translated article by SuperKendall · · Score: 5, Funny

    I link that translation link. I found this quote to be a great summary of the whole CD copy protection issue:

    said Philips speaker Klaus Petri: "those are silberscheiben with music drauf, which CDs resemble, but none are."

    Damn straight, those new copy protected CD's really are a bunch of silberscheiben with music drauf.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  21. Let's make things better by sulli · · Score: 5, Interesting
    Seriously. Look at this from the New Scientist article:

    Philips, the inventor of the Compact Disc, does not expect controversial attempts by the music industry to introduce CD "copy protection" technologies to last very long, because of consumer complaints. Philips is opposed to the use of copy protection systems. ... Philips could refuse to license such copy protected discs as genuine CDs, or pursue some other legal obstruction to the practice. But Gary Wirtz, general manager of the Philips Copyright Office at its headquarters in the Netherlands, believes that copy protection technology will fail all by itself.

    These are good guys, just like SonicBlue, Archos, and Apple. They need our support.
    --

    sulli
    RTFJ.
  22. Universal's new protection... by feldkamp · · Score: 4, Interesting

    ...is really easy to break. It's a simple integer underrun error that is placed on the first track of the disc (in the LBA field of the TOC). Simple sanity checking in future cd rippers will easily circumvent this. In fact, the latest beta of CoolEdit is able to rip these discs by accident (they do the sanity checking, I think).

    If anyone that writes CD rippers wants a more in depth description of how to circumvent this, just email me (m-i-k-e-f-e-l-d@engin.umich.edu without the dashes). It's really simple.

    Anyhow, I only know of one disc that has this "protection" from universal on it... "The Fast and the Furious Vol. 2". I was trying to run some audio analysis algorithms on its tracks, and couldn't rip the audio... which is why I investigated. Once more discs with this "protection" come out, it will just be a matter of patching existing mp3 rippers.

    mike

  23. On a similar note - Proposed DMCA Amendment by gorillasoft · · Score: 4, Informative

    Since Slashdot rejected this story, I will post it here.

    There is a related item reported in the LA Times about a bill being introduced to amend the DMCA - which will allow for consumers to copy digital works without running afoul of the law.

    LA Times Story

  24. Re:Fair use by monkeydo · · Score: 5, Informative

    No. You are wrong. Fair use, backup copies, etc. are all spelled out in the US Code. Most of the /. crowed doesn't want to know about it however, because it kills most of their arguments.

    http://www4.law.cornell.edu/uscode/17/107.html

    US Code: TITLE 17, CHAPTER 1, Sec. 107.

    Limitations on exclusive rights: Fair use

    Sec. 108 covers copies made by libraries and archives.

    http://www4.law.cornell.edu/uscode/17/108.html

    --
    Si vis pacem, para bellum
    The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  25. And Don't Forget... by josh+crawley · · Score: 4, Interesting

    You see those Phillips commercials on the music and 'techy' shows? The commercial goes something like this:

    "1- Guy with date plays cd and has crummy music on it. Date winces.
    2- Guy goes home and 'mixes' ,from his collection, a mix cd for listening with dates.
    3- Guy then plays music with date. Date is happy."

    If anything, Phillips will NOT change the standard, since all cd players operate by it. Nobody would buy thier product if it was incapible of playing other media. They cut thier own throats.

    If you put this all together it makes tremendous sense.

    1: Congressman makes statement questioning legality of 'Blank CD' tax (authorizing fair use in copying) and the Copy-Protection by Universal and other companies.

    2: Copy-Protected CD's are not compatible with the Red Book Standard (therefore will not play in some players). In other words, Stay with Red Book, people stay happy.

    3: There is a large amount of capital involved in copy protection, and Phillips doesn't want to waste money on a scheam that may flop and may be illegal (possible law suits may pursue).

    And past that, more games are being copy-protected by brain dead scheams. If I could buy a decently priced, self contained unit with a reader and a writer and make perfect copies, I'd buy 1, maybe 2.

    Josh Crawley

    ps: About pirating, stopping making cd burners wont stop pirating. It's like saying, "The internet has caused evil stuff to spread, let's shut it down". Both are infeasible, one much more than the other.

  26. logo by www.sorehands.com · · Score: 5, Informative
    The logo does not expire.


    The logo is a trademark indicating certain specifications and recognition. The patent is different from the logo.

  27. Could we at least get the name right, please? by Fruit · · Score: 5, Troll

    It's Philips, not "Phillips".

    Philips, Eindhoven

  28. How's that for poetic justice by guttentag · · Score: 5, Informative
    The record labels attempt to dictate how consumers may use their CDs: It's our content so you can only listen to it the way we want you to.

    In turn, Philips attempts to dictate how the record labels may use their CD format: It's our standard, so you can only use it the way we want you to.

  29. Patents AND �s can be renewed. by yerricde · · Score: 5, Informative

    Can't patents be renewed

    Patents last three and a half years after being granted but can renewed to 7 1/2 after grant, 11 1/2 after grant, and 20 after filing by paying maintenance fees.

    Copyrights last 95 years unless you're a freelancer creating works on or after 1 Jan 1978, in which case they last life plus 70. (To renew a copyright for 20 years, simply stuff millions of dollars into the pockets of both parties in the United States and all major parties in the European Union.) Either way, they last additionally until December 31.

    A registered trademark lasts five years. After that, the owner files an affidavit of continued use, which buys another five years; then the trademark can be renewed for ten years at a time until a court decides that the trademark has become too generic to maintain.

    --
    Will I retire or break 10K?
  30. Re:Audio can *ALWAYS* be copied. by Fjord · · Score: 4, Funny

    You mean like this

    --
    -no broken link
  31. Commercials to "look for the logo" by yerricde · · Score: 5, Interesting

    The only thing Phillips could do is demand that the copyprotected CD's not carry the "CD" label.

    And run smear ads against the RIAA labels accusing them of not producing CDs. (RIAA will attempt to sue Philips for libel, but in the US, the truth cannot constitute libel.) Make like the dairy industry: "If you want real CDs, look for the logo."

    RIAA is an association of music distrubuters et al, they don't sell CDs.

    Common Slashdot practice accepts "RIAA" as shorthand for "RIAA member labels" in appropriate contexts.

    The irony of that would be that there'd be no new music left to trade since the over produced modern pop crap is always the most popular.

    *NSHIT fans will just have to find new music such as independent punk or electro.

    --
    Will I retire or break 10K?
  32. A Different Spin by virg_mattes · · Score: 5, Interesting

    I'm not so certain that Philips will fall in line, but a different scenario occurred to me. Perhaps the RIAA will simply dump the "CD Compact Disc" logo and put a disclaimer on that says something to the effect of "may not work in all CD(tm) players" and then Philips wouldn't have any leverage against them.

    Virg

  33. Re:Fair use by monkeydo · · Score: 4, Interesting
    There is also quite a bit of case law, but I think the statute is clear enough itself. Section 108 applies to libraries, not individual users. It is also established that when determining wether or not a use is infringing it must be considered how the use affects the value of the copyright. A library may make a copy of an old book and circulate the copy to protect an irreplaceable original, but a library may not make copies of a popular book to avoid purchashing additional copies.


    this almost gauruntees the right to rip your cd's and make them streamable in such a way that you are never transferring a whole copy of the media to the remote computer, as long as you aren't making money off of it of course.


    A library may make 1 copy of a copyrighted work if it has the original in its possestion. A library may make 3 copies of an unpublished work for the purpose of preservation, but any digital copies may not be made available outside of the library. Legality of ripping CD's aside, a *library* could do this if they had someway of "loaning" the stream, and 2 patrons could not have it at once. And it never left the building. It also is not as simple as you not making money off of the use. If the use *deprives* the copyright holder of value (even if it would otherwise be Fair-Use) the use will be deemed infringing.

    Backups of software is specifically covered in section 117.

    http://www4.law.cornell.edu/uscode/17/117.html

    You are specifically granted the right (or more correctly the copyright holder cannot deny you license) to copy a software program if it is necessary for the use of the program (installing it to your harddrive, copying into RAM, etc.) or to protect angainst damage to the original media. Note that this section *only* applies to computer software, not CDs, DVD, etc.

    --
    Si vis pacem, para bellum
    The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  34. Mmmm... Triple negatives... by dstone · · Score: 4, Funny

    It's definitely not a non-event, quite the opposite actually.

    Stated more simply:
    It's an event.