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Industry Group Would Permit (Some) DVD Copying

Zocalo writes "The BBC is carrying the story that agreements have been made to permit legal DVD copying for use on portable devices and The Register appears to have the same story too. While extremely light on details, the mention of Microsoft and AACS leads me to believe this has something to do with Microsoft's Janus system which has been discussed here before. Perhaps more interesting though is that Disney and Time Warner are apparently on board... Can it be that the MPAA has learnt a lesson from the RIAA's heavy handed tactics or has Microsoft convinced them that Janus will work, despite their recent record of bug free coding, and we're going to have a repeat of the DeCSS fiasco?"

37 of 283 comments (clear)

  1. backup copies by commo1 · · Score: 4, Insightful

    Now, if they'd let us make backup copies and leave the originals in their cases, we'd be talking..... It will eventually happen, it's unfortunate that it is technology that forces it due to widespread use of copying techniques (and the "declining" sales due to this piracy), not consumer need.

    1. Re:backup copies by Anonymous Coward · · Score: 5, Insightful

      I'm not trolling when I write "but does it run on Linux". The problem with these laws is that they really create abusable monopolies by saying "it's legal to copy DVDs if you pay Microsoft". That's no better - actually worse - than saying "it's legal to have two copies if you pay the MPAA for two copies".

    2. Re:backup copies by NanoGator · · Score: 3, Insightful

      "Now, if they'd let us make backup copies and leave the originals in their cases, we'd be talking....."

      A little OT, but I wish DVDs were like 3.5" floppies. I want those little cases that prevented fingerprints and scratches from occuring. That's about the only reason I have the slightest bit of interest in Sony's PSP system. Their mini DVDs work like that, and MPEG4 means movies can realistically be compressed to them. If they were to make the media more resilient, I'd be less bothered about the whole "you can't copy this" approach. (They do need to have some form of damaged disc exchange program, though...)

      --
      "Derp de derp."
    3. Re:backup copies by Darth+Maul · · Score: 5, Insightful

      Amen! This is the exact thing that bothers me about the FCC's Broadcast Flag. In the alt.tv.tech.hdtv newsgroup I brought up the fact that soon I won't be able to build my own PVR, because I won't be legally allowed to "copy" certain video streams.

      All I got was this big response saying all I had to do was buy an "official" card that supported the broadcast flag and encrypted stuff appropriately. But you can bet your marbles those official cards will only work under Windows (see DeCSS and not wanting to give out keys).

      So this is a big issue. It's basically saying you can still make a PVR, but you have to 1) pay Microsoft, and 2) honor the broadcast flag.

      How about, NO?

      --
      --- witty signature
    4. Re:backup copies by Masami+Eiri · · Score: 2, Insightful

      Then DVD would cost more. Part of the reason the format is so popular is because it is cheap to produce.
      Now, if it were optional, that'd be cool. I vaguely remember some sort of CD player that you'd have to put the CD in a special case first, and it'd read it while in the case. The case could also be used for storage.

    5. Re:backup copies by drtomaso · · Score: 5, Insightful

      I dont for one second believe that they will allow free and unincumbered copying and I have proof- I was just down stairs, and I checked the temperature in hell- there was no freeze.

      Seriously though- the issue for the *AA is not the copies or even the volume of copies distributed- its the idea that copying and distributing is quickly becoming something you dont need a recording/producing company to do for you, for mega-middleman-bucks. Its all about the control, stupid.

      Nor do I believe the MPAA is more ethical simply because it hasnt taken the hardline approach of its sister organization, the RIAA. The only reason for this is that the threat posed to their cartel by information systems is much smaller. Consider the bandwidth requirements of transferring a movie vs an mp3. If we ever get fiber to the home, we'll see how they feel about copying for fair use rights.

      Rember kids, what these people would love to set up is legislation whereby every time you hit "control-c", it hits your checking account for $XY.99. In doing so, they garner virtual veto power over the entire information systems industry. Oh I am so sorry little internet startup, you can't market your product, because it might help someone make an illicit copy! What part of "This will destroy the US economy" don't they get?

  2. Lulling us into complacency by Maestro4k · · Score: 5, Insightful
    • Can it be that the MPAA has learnt a lesson from the RIAA's heavy handed tactics or has Microsoft convinced them that Janus will work, despite their recent record of bug free coding, and we're going to have a repeat of the DeCSS fiasco?
    I suspect the whole thing's a ploy by the MPAA and it's member companies to make it look like they're preserving fair-use rights while tightening their technical and legal stranglehold on copyright is all. After all if they can point to something like this when we cry foul about the loss of fair-use rights then they can largely fend off that line of attack. (At least in Congress.)
    1. Re:Lulling us into complacency by garcia · · Score: 4, Insightful

      They don't have to lull us into anything. What some consumer protection group needs to do is present to Congress what fair-use really is.

      It's not what the fucking corporations decide it is. They have to play under the GOVERNMENT's rules not the other way around. You just have to love the brass balls that the MPAA has saying "oh, we are going to allow you to make backups."

      Excuse me assholes but we already can make backups due to something called the law. I am fairly certain that the law trumps what controls you believe you have.

      Let's stop pussy-footing around with these people and tell them to fuck off.

    2. Re:Lulling us into complacency by Sepper · · Score: 4, Insightful

      I am fairly certain that the law trumps what controls you believe you have.

      With DRM, it works the other way... It's called the DMCA.

      --
      I live in Soviet Canuckistan you insensitive clod!
    3. Re:Lulling us into complacency by dillon_rinker · · Score: 1, Insightful

      Fair use is not a right. There is NOTHING in the Constitution that guarantees it. It is permitted by the law. Congress could pass a law tomorrow abolishing fair use and there wouldn't be a thing we could do about it.

      What we need is a Constitutional amendment that enshrines fair use. The world has changed since the 18th century. Information is now vital. Access to information must not be abridged.

    4. Re:Lulling us into complacency by cpt+kangarooski · · Score: 3, Insightful

      This is demonstrably incorrect. Fair use was not enacted statutorially until 1976. However the courts have consistently created fair use despite it directly contradicting the language of copyright statutes since as far back as 1841. It derives from the constitution in that copyright exists to promote the progress of science, and without the equitable remedy of fair use, copyright would suffer from excesses in certain situations which would directly oppose its sole constitutional purpose.

      Furthermore I do not think that an Amendment is appropriate. Copyright is an important issue, but there are no flaws in the Constitution; the problem lies in getting Congress to do things right and getting the Courts to curtail Congress when they're getting things grossly wrong.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  3. Compromise Fair use? hell no! by Anonymous Coward · · Score: 4, Insightful

    Your fair use rights are still being thrown out a window. I would rather continue to fight the battle and refuse all DRM related technologies when they fail to address my rights to fair use ANYWHERE on ANY DEVICE of my choosing.

    I would, of course, encourage the rest of the community to do the same. Don't compromise on your rights. Instead, continue to fight for them.

  4. Great, more m$, less *nix by Anonymous Coward · · Score: 2, Insightful

    I'm sure it will be approved devices only, meaning that there will be a specific list of hardware and software that it will work on. They need to stop trying and just let people do their own thing; I wonder how much money they waste on trying to figure out how to stop people.

  5. Thanks by dismentor · · Score: 4, Insightful

    Thanks for 'letting' us do what we have the right to do and what makes us a criminal (unjustly) anyway.

  6. or... by AmaDaden · · Score: 2, Insightful

    Or are they FINALY starting to see that all this copy protection is more trouble then it's worth and that copying of movies can't be stopped by a silly little encryption?

  7. Isn't it already legal? by fname · · Score: 3, Insightful

    I think it's already legal, DCMA notwithstanding. I'm sure there are many illegal ways to circumvent effective DVD copying (what's the current status of that anyways), but there are legal ones as well. Is buying software that isn't macrovision-enabled illegal?

    I mean, I have the right to create a backup under fair-use. I have the right to make a copy for another medium. I'm not attacking the the way the story is posted, but I think it's important to re-iterate that coying your DVDs to another medium is fair-use, and fair-use is legal.

    Now, maybe they are in discussions to make it easy. Somehow, I doubt it will be any easier than other methods out there (links anyone?), but it will be sanctioned by the MPAA. This is good, and it shows progress, but the MPAA does not have the power to make things legal or illegal.

  8. iMedia sync to video iPod... by otis+wildflower · · Score: 3, Insightful

    ... hmm, how obvious isn't this?

    Maybe this is what Steveo is waiting for.. An easy rip-to-360x240 mechanism, preferably preserving menus and whatnot..

    It'd be great for commuters and tech fetishistes..

  9. WTF? by GillBates0 · · Score: 5, Insightful
    This week, film companies in the UK joined forces for the first time to convince movie fans that buying pirate DVDs funds terrorism and drug dealing.

    [snip]

    Northern Irish paramilitaries and Afghan Sikhs are among those involved in selling DVDs in the UK, according to the Federation Against Copyright Theft (Fact), the industry's anti-piracy unit.

    I remember we (on /. ) used to joke a few months back that it won't take long for pirates to be labelled "terrorists" and puppy killers. Now this is *actually* happening.

    From Orrin Hatch labelling piracy as "anti-children" to this latest FUD, I can't believe they'd go so far (in cahoots with the government ofcourse) to spread their lies.

    I could argue that the Record companies and "artists" are culprits in the first place, because they *produce* the music/movies which these "terrorists" pirate in the first place to fund their activities?

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
    1. Re:WTF? by Kjella · · Score: 4, Insightful

      "This week, film companies in the UK joined forces for the first time to convince movie fans that buying pirate DVDs funds terrorism and drug dealing.

      I remember we (on /. ) used to joke a few months back that it won't take long for pirates to be labelled "terrorists" and puppy killers. Now this is *actually* happening."

      Terrorism is at least something you spend money on. But funding drug dealing? "Yeah, drug dealing is not profitable. Fortunately, we're able to keep the operation going by funding it from our DVD pirating. It's such a valuable contribution to society that we have to keep it going, even though we're not earning any money on it." Reality-check: Failed. The only drug dealing funded here is what they've been smoking.

      Kjella

      --
      Live today, because you never know what tomorrow brings
  10. Of course you'll be able to copy by SuperKendall · · Score: 2, Insightful

    After all, Microsoft is trying to push a portable video player...

    Now if you'll be able to copy to anything else but that portable player, or on anything but Windows - very doubtful.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  11. Let me explain your current rights... by Kjella · · Score: 4, Insightful

    You have a state A where you have the original media. This is (doh) legal. You have a state B with the original media and a back-up. This is also legal.

    However, any route between those two states have been made illegal, mostly by the DMCA. So, you have technically not lost any right, only any and all means to exercise that right.

    To take the Orwellian analogy: You still have freedom of speech. Except you have to express it in newspeak. Now isn't that doubleplusgood? :p

    Kjella

    --
    Live today, because you never know what tomorrow brings
  12. Re:Stealing a car?!? by FauxPasIII · · Score: 4, Insightful

    > Uh, no. Buying pirated goods is theft.

    Nope, sorry. Theft means that your "victim" starts out having something, and ends up not having it anymore. It's really that simple.
    If you can explain how unauthorized copying meets that standard, *without* invoking some parallel dimension where I buy an authorized copy of every single movie I see and then claiming losses relative to that alternate dimension, then you win.

    --
    25% Funny, 25% Insightful, 25% Informative, 25% Troll
  13. Re:Stealing a car?!? by kfg · · Score: 2, Insightful

    Doesn't theft usually imply that the legitimate owner no longer has the posession in question?

    Yes. What's more it implies that you intended that the legitimate owner no longer have posession.

    Saying infringing copyright is theft is like saying taking a Georgia stop sign is theft.

    Rights of way are infringed, not stolen. The only way a right to copy can be stolen is by stealing the copyright.

    Of course the music industry has made something of science of that last, even going so far as to attach "rights" to works that were previously donated into the public domain by the author, in print.

    KFG

  14. Remember "intellectual" vs. "real" property by Em+Adespoton · · Score: 2, Insightful

    More like saying that DOSing George Bush's website is the same as sticking duct tape over his mouth. A movie is an expressive way of communicating an idea; a car is a physical object. Ideas cannot be stolen, they can only have their uniqueness devalued.

  15. Re:This is so lame. by Zyrill · · Score: 1, Insightful

    Actually, it's not something the government grants - it's a birth-right! just like freedom of speech, freedom of choice, etc. pp.

  16. Re:Personal use by Dun+Malg · · Score: 2, Insightful
    At least in the US, your statement of the law is wrong. Purchase of a piece of physical media does not specifically provide you any rights to make copies of copyrighted works held on that media.

    The rights are not specifically provided, to be sure, but the fair use statute is quite broad and open to a great deal of interpretation. It essentially lays out the basic considerations and leaves it up to the judge.

    --
    If a job's not worth doing, it's not worth doing right.
  17. Re:Like they have a choice? by Apocalypse111 · · Score: 3, Insightful

    That fact that you have a backup is not at issue here. That is fair use.

    The fact that, in exercising your rights to create that backup, you probably decrypted the video stream, THAT is where you broke the law. The DMCA classifies that as circumvention of a protection method, and that's the issue that we have with the DMCA (well, one of them, anyways): We retain our fair use rights, but if we want to exercise them, we break the law.

    At least, that's how I remember it being explained to me from my Intellectual Property class...

    --
    There is no mod option "-1: Disagree" for a reason. "Overrated" is not an acceptable substitute. Post something instead.
  18. Well, that's awfully damned nice of them! by Anonymous Coward · · Score: 5, Insightful

    Did anyone else take offense at this statement?

    agreements have been made to permit legal DVD copying for use on portable devices

    Permit? It is not these companies' place to permit me to do anything! The rights to use recorded material has been defined by the Supreme court of the United States. These rights are not something to be graciously permitted by companies who only exist by the virtue of money I pay for their products!

    Not to mention that this scheme will almost certainly grant Microsoft a virtual monopoly on every playback mechanism for any recorded material. Do you really believe that there is any chance in hell that this DRM scheme will ever run on any platform but Windows?

    Vote with your dollars, people! I for one am not going to purchase any damned part of this scheme. And I am an electronics engineer. If it comes to pass that no playback device for any recorded media in the US can be bought without this DRM scheme, then I will make it my sole purpose in life to determine how it may be defeated and spread it throughout the Internet.

    Fuck 'em! Just fuck 'em.

  19. What are you talking about? by nathan+s · · Score: 4, Insightful

    Stealing a car is exactly like stealing a DVD. I just run my handy deCAR utility, stick the car into my trusty duplicator, and voila, my stolen car is ready for me to drive away. Sure is handy, and much less likely to attract the notice of the authorities since the owner doesn't even know his car has been stolen....MUAHHAHAHAHAHAHA

  20. Re:Similar article on CNN -- Different Angle by kfg · · Score: 5, Insightful

    The right to drink beer anywhere you want isn't, so you can drink it at home but not at the park or on the beach or in your car.

    As I may be held criminally liable for saying certain things in certain situations, and civilly liable if I say certain other things in certain situations without a license.

    The right to listen to a CD is granted by the purchase of a license.

    No. The right to play a CD is granted by the purchase of the physical object. There is no license attached. My wife may listen to the same CD without purchasing anything and the CD, as my property, can be resold with no transfer of the nonexistant license because I have a right, by law not license, to play and transfer ownership of said CD.

    If I wish to make 100 copies to distribute to my neighbors I'll need a license, because someone else holds the copyright.

    KFG

  21. Re:Stealing a car?!? by Anonymous Coward · · Score: 1, Insightful

    Funny, I still think that the parent's post has merit. To take. This word has a physical connotation, I think. Something has to be tangible to be taken. Taken means that it was moved from one spot to another. No?

    If I TAKE your CD, I remove it from your posession, for example, you no longer have any physical item to use.

    If I copy that CD, or whatever, you still have it to use. Which is what the parent's point was. The proper word is not theft. It's not piracy, either. It's not many another word (like cat dog, fizblat, woofpang, etc.)

    I think, that by definition, copyright infringements CANNOT be called theft, stealing or anything other than the above.

  22. I'll buy DVD's when I can own one... by gillbates · · Score: 5, Insightful

    ...to permit legal DVD copying for use on portable devices and...

    As if I have to ask for permission to copy something that I own in the first place?

    I rent my apartment. I read and signed the lease prior to occupation. I crossed out the parts I didn't agree with, and the landlord accepted the modified lease. I don't pretend that I own my apartment, and the landlord didn't pretend he sold it too me.

    But, this DVD thing, is apparently different. According to the MPAA:

    1. You pay for the cost of content, not the media, when you buy a DVD. So clearly, you don't own the media in the sense that you can do anything you want with it. According the MPAA, you are "licensing" the content, even though you never agreed to any contract, nor were aware of the "license" terms at purchase. Absent case law supporting retroactive compulsory licensing, I'm at a loss as to why the MPAA believes they have the right to do this.
    2. Yet, as anyone who has tried to exchange a damaged or scratched DVD will tell you, the MPAA believes that you don't own the "license" either - if the media becomes unusable, you'll have to "license" the movie again - meaning pay full price for a new copy. So clearly, you don't own the license, either.

    When I see the the billboard movie ads says "own it today", I think of actually owning a movie. But after I've shelled out hard cash and pop in the disk, the MPAA informs me that this movie is licensed for home viewing... Wait a minute? - I thought I was buying the DVD, as in, I NOW OWN THE MOVIE. How can the MPAA impose terms on the use of something they no longer own?

    What it comes down to is this: If the MPAA can impose terms on me after I've bought something, I don't really own it. And why would I buy something I can't own?

    The communists didn't believe in private ownership either. Given Hollywood's leftist leanings, the MPAA's attempt to erode private ownership of goods comes as no surprise.

    I'll think about buying a DVD when the MPAA can tell me exactly what, if anything, I own after the purchase

    --
    The society for a thought-free internet welcomes you.
    1. Re:I'll buy DVD's when I can own one... by cgenman · · Score: 2, Insightful

      But after I've shelled out hard cash and pop in the disk, the MPAA informs me that this movie is licensed for home viewing... Wait a minute? - I thought I was buying the DVD, as in, I NOW OWN THE MOVIE. How can the MPAA impose terms on the use of something they no longer own?

      Actually, there are a few copyright clauses that fall under most people's radars. One is the public performance clause... I.E. you can't charge admission to a packed house of 100 other people, or for that matter even show it to a small company for free. This is effectively the same as copying, so the idea goes, and would have a detrimental effect on the value of the item in question. The movie is NOT "licensed for private performance", it just isn't licensed for a public performance. You don't need their permission to watch the movie, in other words, they just choose to phrase it that way.

      You do own the media. That silly license that says you must return this disk upon request carries no more weight in law than the tooth fairy. I don't think it's ever been challenged in court because I don't think anyone has been delusional enough to think they could enforce that. However, just because you own it doesn't mean you can do anything you want with it, just like in other parts of law. You may own the fertilizer and the ammonia, but you may not reconfigure it into something that might explode. You may own the car, but you may not drive it without a catalytic converter. You may own your dog, but you may not torture it. You may own your pornography collection, but you may not show it to my kids. You may own your DVD collection, but you may not duplicate them.

      What it comes down to is this: If the MPAA can impose terms on me after I've bought something, I don't really own it.

      They can't. That doesn't stop them from flapping their mouths, but just because they say something doesn't mean it has the force of law. However, there are some things which have the force of law which are not explicitly delineated before purchase.

      Do more than just know your rights. Learn your rights.

  23. Re:Not quite right... by FauxPasIII · · Score: 3, Insightful

    > By your terms about the victim starting to have something, then losing it.

    Right, that's the definition of theft.

    > In this instance, the victim (movie company) never received compensation due to them.

    That's _not_ the definition of theft.

    > I hope I made my point clear...

    The point is, it's not theft. It's unauthorized copying. That also happens to be illegal (in the US), and there's no argument from
    anyone on that point. Incidentally, many of us don't feel it's _immoral_, something which theft is. And if something is illegal but
    not immoral, it just means the law is (arguably) wrong. Whether or not you choose to follow the law even when it's wrong is a
    personal decision you have to make.

    Complicating the whole situation is the fact that the copy-control lobby has made many leaps towards denying fair-use rights,
    chilling free expression, and has done a number of other things which many feel _are_ immoral, and so some feel self-righteous
    in circumventing the restrictions they impose. That doesn't make it right to use circumvention tools for un-fair use means,
    but it makes it understandable that the copy-control crowd doesn't get much sympathy.

    --
    25% Funny, 25% Insightful, 25% Informative, 25% Troll
  24. Broadcast flag by ceswiedler · · Score: 2, Insightful

    The broadcast flag really cracks me up. TV and radio stations put up freakin' huge antennas so that they can broadcast their signal so strongly I can practically hear it through my orthodontics...and then don't want anyone to record it.

    If I stood on top of a mountain and sang a song so loud nobody within twenty miles can avoid hearing it, can I complain if people record it?

    Private performances, and things like cable and satellite, are different, because there is an expectation of some privacy: it's not being distributed in a completely public manner. But broadcasting? How can you possibly constrain what people do with what you broadcast?

  25. Re:Stealing a car?!? by egarland · · Score: 2, Insightful

    Copyright infringement is stealing.

    No. It's copyright infringement.

    --
    set softtabstop=4 shiftwidth=4 expandtab nocp worlddomination
  26. Would "permit" copying? by npsimons · · Score: 3, Insightful
    They would "permit" copying? That's kind of like saying "while I don't like gravity, I will permit it to continue".


    There are somethings in this universe that you just can't control; copying is one of them.