Media Server Manufacturer Wins in Court

whoever57 writes "The DVD Copy Control Association (DVD CCA) has lost its bid to shut down Kaleidescope, which manufactures media servers that can copy DVDs (along with decryption keys) to built in hard drives. The DVD CCA claimed that this violated the terms of the contracts that control DVD-related equipment because the DVD need not be physically present for payback. However, the judge ruled against the DVD CCA on the narrow grounds that part of the specification of the Content Scrambling System was not part of the overall license agreement. This may open up the market for similar devices."

Comments

Typo

[Anonymous Coward]

Kaleidescape not Kaleidescope (kaleidescape.com)

Payback's a bitch

[scdeimos]

I think

... because the DVD need not be physically present for payback.

should read

... because the DVD need not be physically present for playback.

Re:Payback's a bitch

[Tatisimo]

Give him a break, he's a cowboy, maybe he's thinking of duels and revenge (a.k.a. payback). Don't we all wanna unload some payback on them evil companies?

i thing their point is

[jpellino]

that without the DVD present. playback's a bitch.

Odd argument.

[eddy]

Assuming this is correct, the argument seems very weak, almost completely counter-intuitive:

"In closing arguments Coats warned that a ruling in favor of Kaleidescape "could open the flood gates to copycats. Prices could come down to that of a laptop for products that are not as elegant as Kaleidescape's but have the same basic functionality," Coats said."

So by ruling for the defendant, the judge would open the floodgates to innovation, increased competition and more jobs in the market?

Yeah, I can see how one must warn against a ruling with evil results such as those.

It's fairly simple...

[sdo1]

Anything I BUY should be MINE to do with what I please within the privacy of my own home or in/on my own property (with obvious exceptions such as causing physical harm to others, etc.). And I should NOT be illegal in any way to provide the tools to allow me to exercise that right.

I'm thrilled that the courts are slowly, every so slowly, starting to realize this. They need to look past the fact that it's a DVD and realize that its a collection of bits on a piece of plastic. I understand copyright and why it's not legal for me to distribute it to millions or to re-sell copies of it, but copyright is limited not absolute. Having a copyright on something does not mean that you get to dictate how and where it is used in perpetuity.

If I buy a piece of furniture and I want another one like it for another room, should it be illegal for me to pull out my tape measure, buy some wood, and build myself another one just like it?

If I buy a small print from a local artist to hang in my bedroom, should it be illegal for me to scan it, manipulate the colors, and print another copy that matches the decor in the guest room?

If I have a VHS tape that I'd like to preserve, should it be illegal for me to capture it, do a little noise reduction and clean-up on the video, and burn it to DVD?

And if I have a shelf of DVDs, should it be illegal to rip them and stick them on a server in my own home. Should it be illegal to provide the tools that allow me to do that? Of course not. It's no more illegal than to make the hammer I use to put together the copy of the chair.

-S

Re:It's fairly simple...

[QuantumG]

If you're going to compare your right to copy physical items to your right to copy works, why not go the whole hog?

If you like my chair and ask me if you can make a copy, should I refuse?

Should it be illegal for me to allow you to make the copy?

Does the existance of an autocarpenter make a difference?

We have a right to copy. The law of copyright is ment to be a deal.. we give up our right to copy and the creators get a short incentive to make productive works. I don't like this deal anymore.. I want out. Who's with me?

Re:iTunes

[AusIV]

The primary purpose of the iTunes music store is to generate content to help sell iPods. If it becomes legal to copy DVDs to computers (and iPods), I wouldn't be surprised to see iTunes allow the ripping of DVDs to an iPod compatible for mat.

Re:playback, not payback

[Scooter's_dad]

I guess the editors did not notice my typo

...or they would have tried to pass it off as one of their own.

Price point

[gnetwerker]

These devices cost $27k for a "base" system, and $4k per player. On the one hand, I suppose this means they had enough money to litigate the issue. On the other hand, one can only hope that some competition brings the price point down.