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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?"

44 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 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. I store my backups at the DVD store by Anonymous Coward · · Score: 3, Funny

    I use a little method I like to call "the five finger backup plan."

  3. 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 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.
    4. Re:Lulling us into complacency by MobyDisk · · Score: 4, Informative

      That's a common RIAA/MPAA lie that appears to be sticking. Fair Use is stated legally in 2 places that I know of.

      1) Section 107 and of the US Copyright Act. This act defines US copyright law and discusses derivative works, transformed works, etc. This law determines what is and is not a copyright violation, and mentions backups, copies for educational use, etc.

      2) It is clarified in several supreme court cases. These rulings were later made into laws after they were upheld several times.

      Some links:
      Fair Use at the US Copyright Office's web site
      Fair use explained by BitLaw
      Stanford Copyright & Fair Use

  4. 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.

  5. Similar article on CNN -- Different Angle by Alzheimers · · Score: 5, Informative

    An article on cnn.com is reporting something similar in the works for the "Next-generation" video discs. The amazing part about their article is how it specificly mentions Disney as part of the alliance. Granted, it looks all encumbered with DRM (here called the Advanced Access Content System)-- but this is a far-cry better than their attempts to push disposable and subscription-based media (DIVX).

    So, does this mean we're winning? Or just that we're not losing.

    1. 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

  6. 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.

  7. Ahhh MPAA Ahhhh by HungWeiLo · · Score: 4, Funny

    It's nice to see stories like this - stories that can let the rest of us see the corporate conglomerates as the warm-and-fuzzy, civics-minded, environmentally responsible entities that they truly are...

    --
    There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
  8. Stealing a car?!? by moberry · · Score: 5, Funny

    "A new trailer warns that buying a pirate DVD is like stealing a car or phone."

    Um... no. That is like saying killing a caterpillar is the same as killing George Bush (No troll intended, first name i though of)

    1. 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
    2. Re:Stealing a car?!? by jridley · · Score: 3, Informative

      Where'd you get those defs? By your #2, I can "get something surreptitiously" by, say, putting on a disguise and going to an adult bookstore and buying a video; is that theft? Seems like it is by your definition, though I didn't steal anything and nobody's been wronged. Your def pretty clearly indicates that aquiring something while being sneaky is theft, and does not regard whether a legal transaction occurred or not. I submit that your definition is not just flawed, but wrong.

      Here's Mirriam Webster's def:
      1 a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property.

      It's clear under this def that you must deprive the rightful owner of their ownership of property.

  9. Personal use by Doc+Ruby · · Score: 4, Informative

    When I buy a legitimate copy of a CD, DVD, or other recording, I obtain a limited copyright. I can make as many copies as I want, provided I don't distribute them to anyone else. That would be unfair competition with the copyright holder - redistribution is not included in the limited copyright I have bought.

    Some copyright holders (RIAA) have tried to reduce my rights, preventing me from making copies for my personal use. They never anticipated the bonanza from CD reissues of vinyl records, and they want to reissue incompatible formats every few years to get me to buy more copies. Digital copies for personal use threatens that gravy train, and rights be damned. But they can't stop us from exercising our rights, so they'd better get with the program.

    --

    --
    make install -not war

    1. Re:Personal use by tlunde · · Score: 4, Informative
      IAAL.

      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.

      UTSL. You might actually want to read the relevant bit of law before making (potentially) incriminating remarks. For instance, here are the exclusive rights of the copyright holder (not the media buyer) and the statutory fair use rights of all persons (including the media buyer) under Federal law.

    2. Re:Personal use by klang · · Score: 3, Funny

      "so if someone steals my car, they'll receive a stiffer penalty for stealing the music."

      Officer: license and registration please .. waitaminute, is that copies of CD's?
      Car-thief: uhm, eh ..
      Officer: Where are the originals?
      Car-thief: Well you see ..
      Officer: Get out of the car, NOW!
      Car-thief: but, but . ..

      Headlines: "Pirate busted in random traffic control"

      Morale: Always keep copies (multiple) of all your CD's in your car!

  10. I do not need their permission by kyknos.org · · Score: 3, Interesting

    I do copy DVDs anyway.

    --

    SHE does throw dice.
  11. 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.

    1. Re:Isn't it already legal? by FirstTimeCaller · · Score: 3, Informative

      Don't be fooled. This announcement is not saying that the MPAA will agree that you are within your rights to backup and/or time/device shift your legally obtained media (you are). Instead, they are saying that they are going to implement (with the help of Microsoft) technologies that ensure that that is all you are able to do with the media.

      So forget about taking a backup copy of your movie to a friend's house and trying to play it on their equipment (ain't gonna happen -- although you have the right to do so).

      And forget about trying to play the movie on a non-Microsoft device -- say a Linux PC for example (sorry, not permitted - although it too is perfectly legal).

      So do not be fooled into thinking we have won. The MPAA is not agreeing to expanding any of our rights! In fact they will be taking away rights through technology as opposed to through laws (although the DMCA will serve to enforce the technology as if it were law).

      If you haven't yet read Lawrence Lessig's book Free Culture , do it now!

      --
      Wanted: witty unique signature. Must be willing to relocate.
  12. Grammar Nazi-ing (sorry!) by goldspider · · Score: 5, Funny
    "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?"

    English teachers beware: reading the above may induce orifice hemorrhaging.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  13. 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..

  14. 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
  15. Maybe magic marker is the answer by 192939495969798999 · · Score: 4, Funny

    Perhaps if I could just borrow the MPAA/RIAA legal documents and color around the edges with a magic marker, all this nonsense would stop!

    --
    stuff |
  16. OT: Janus by Aumaden · · Score: 5, Funny
    something to do with Microsoft's Janus system

    Janus was the Roman god of doors and gates (or beginnings and endings). "January" is derived from Janus; the beginning of a year. Janus is generally portrayed as having 2 faces, one looking forward and one looking back.

    Hmm, 2 faces... two-faced...

    I'm not sure if I should be concerned or amused that Microsoft chose this name for their system.

  17. Microsoft DRM by harlows_monkeys · · Score: 3, Informative
    [...]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?

    Microsoft DRM for WMA seems to be holding up pretty well. All the cracks I've seen are equivalent to "burn a CD and rip it". E.g., it seems successful in limiting people to doing exactly what they are licensed to do.

    Probably best to save the snide remarks for when someone actually cracks it.

  18. 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
  19. DRM replaces media degradation by jzilla · · Score: 4, Interesting

    When record companies started putting out album on cdroms, they were concern about the durability of cdroms. Ever wonder why cdrom dics aren't encloded like a 3.5 inch floppy? Record companies were used to selling tapes, which degrade over time, and they could resell the same thing over and over. So they decide not to put protective enclosure (some drives before this had them) on thier cdroms so they would degrade quicker by scratches, kids, spills and what not.

    Thats the role DRM is playing today. So you can't buy a copy and use it forever.

    Thats why I refuse DRM.

  20. This is so lame. by Rimbo · · Score: 4, Informative

    Look, fair use rights are not something corporations grant to us. They are what the government grants to us, the same government that also governs corporations.

    It is not industry's place to "grant" us this. It is our right to do so regardless of their wishes.

  21. All DRM should be required to time out by howlatthemoon · · Score: 4, Interesting

    At least for the time being, this content will (some time in the next century) fall into the public domain. DRM that fails to remove itself after a reasonable time should be illegal. I agree with everyone else who believes that DRM is restricting our current fair use rights, but as someone who deals with archives, this is a major concern. The media industry is technologically destroying the public domain.

  22. 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.
  23. 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.

  24. 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

  25. 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.
  26. In related news by DynaSoar · · Score: 3, Funny

    The Weather Forecasters Union has decided it's OK if you get wet when you go out in the rain.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
    1. Re:In related news by DynaSoar · · Score: 3, Funny

      Oh for crissakes, it's SARCASM, a form of HUMOR.

      They will allow people to copy the DVDs they buy.
      The Weather people will allow you to get wet in the rain.

      It's an ANALOGY about INEVITABILITY.

      --
      "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  27. 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
  28. 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.