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Copying HD DVD, Blu-ray Discs May Become Legal

Consumers could soon be able to make several legal copies of movies bought on HD DVD or Blu-ray Disc under a new licensing agreement now being negotiated. Rights holders might charge more for discs that can be copied for backup or for use on a media server, however.

188 comments

  1. The obvious problem... by Anonymous Coward · · Score: 5, Insightful

    ...is that we weren't waiting for anyone's permission.

    1. Re:The obvious problem... by TheRecklessWanderer · · Score: 5, Insightful
      Have you ever brought back a CD to a store that is maybe 2 or 3 years old and told them it was broken?

      Do they take it back and give you (the same) cd back?

      If what we are paying for is the content solely, then shouldn't they?

      I think it would make the whole industry more credible if they were willing to do that.

      Why should I have to pay a second time for content that I already paid for.

      Also, if I have it on tape, shouldn't I be able to trade it in for CD, and same with VHS and DVD? Pay a small fee for the upgraded quality of the content, but still, I own the movie, so why do I have to buy it again?

      --
      Mean what you say...say what you mean.
    2. Re:The obvious problem... by networkBoy · · Score: 5, Interesting

      I tried this with Disney.
      I have all my kid's disney flicks on a home media server. I called disney to report that my disk for beauty and the beast was scratched, and that I would like a replacement. I was denied.
      Summary:
      me: hi, my disk is scratched
      them: buy a new one
      me: no, I would normally make a backup copy but your TOU forbids this
      them: so?
      me: well disney has taken the stance that I as a consumer have not bought any rights to the movie, only a license to the content
      them: so
      me: well that means under normal IP license schemas I can reasonably expect a refreshed copy of the IP for the cost of media
      them: no
      me: so I can copy the disks I buy?
      them: no
      me: will you sell me a disk?
      them: no, buy it retail
      me: but it's out of print and not in stores any more
      them: try e-bay

      etc.
      etc.

      Wasn't very productive, but I'll take it to mean I can copy my disks DMCA be damned.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    3. Re:The obvious problem... by Volante3192 · · Score: 1

      I agree with replacements, however different media should have some cost associated with it otherwise why bother making new technology? Plus, it's technically different content. VHS, 320 lines, DVD 640. Need to licence those additional lines of resolution.

      If you have a previous incarnation you should be able to get a discount...but that'd probably be too much a PITA to keep track of.

      Would love to see an RIAA spokesmouth try answering that question in a Congressional inquiry... If I'm paying a licence for the content, why can't we get replacements for the physical part no questions asked?

    4. Re:The obvious problem... by Coco+Lopez · · Score: 2, Insightful

      different media should have some cost associated with it otherwise why bother making new technology?

      Why bother making new technology??? Are you serious???

      Let's just say I happen to be a large corporate entity with holdings in both the production of 'media platforms' and a large back catalog of 'media content' --- let's call me Sony. Now what would be the benefit to me to produce an new format that would require consumers to purchase new technology and new media to go with it? What's the economic incentive for me, Sony, to do that?

      Let me spell it out for you: If I come up with a new media format, I can re-sell you the same shit you already bought. Better on me if I can somehow *prevent* you from carrying over the shit you've already got so that it plays on your new and improved technology platform. That way I, Sony, don't even have to make the new format that much better, because you've got to rebuy the shit anyway if you want to use it. Oh, and I forgot to mention that pretty soon I, Sony, won't be releasing any new media I might happen to produce on that old busted format I invented. Sure, you can keep the old players around, but for how long?

    5. Re:The obvious problem... by SCHecklerX · · Score: 1

      I'd certainly buy a lot more stuff if that would occur. As it is now, I won't buy it b/c it is too much of a hassle to copy and it seems things are obsoleted every few years. This becomes a big deal if you end up with a large collection of 'stuff'.

    6. Re:The obvious problem... by aichpvee · · Score: 0, Redundant

      And since you're Sony you'll probably stop releasing shit on that old format that you invented because you'll be putting it out on the competing format that people actually bought.

      --
      The Farewell Tour II
    7. Re:The obvious problem... by Belial6 · · Score: 2, Insightful

      Um, the parent poster was saying 'What would be the point of creating new technology if you got all your old media upgraded for free.' They were making the point that the new formats were primarily for the purpose of getting consumers to repay for the content they already purchased.

    8. Re:The obvious problem... by DivineHawk · · Score: 5, Informative

      You can for the 'nominal' fee is $6.95:
      http://disney.go.com/disneyvideos/dvdsupport/faq.h tml#common0

      If you accidentally damage or break one of your Disney DVDs, you can get a replacement disc for a nominal charge of $6.95.

      Please mail in your damaged DVD (along with DVD case and full packaging), a Check or Money order for $6.95 (made payable to WDHE), along with your Contact Information (Name, Address, and Phone Number) to:

      Replacement Program
      PO Box 3100
      Neenah, WI 54957-3100.
    9. Re:The obvious problem... by Hatta · · Score: 0

      If what we are paying for is the content solely, then shouldn't they?

      Except you're not paying for the content solely. You're paying for a physical disc. You can do whatever you want with this disc so long as it doesn't violate the law. This is much like buying a knife, you can do whatever you want with a knife so long as it doesn't violate the law. Stabbing someone violates the law. Similarly, circumventing copy protection mechanisms violates the law.

      Not that I'm defending this, but the myth that you're "buying a license" needs to be dispelled. If you want to argue about copyright, get your facts straight.

      --
      Give me Classic Slashdot or give me death!
    10. Re:The obvious problem... by dunstan · · Score: 3, Informative

      No, you're not buying a right to view the content, you're buying the physical disc. However, to view the film, you have to copy the film from that disc into your computer/DVD player, and it is this act of copying which is subject to the EULA. That's the difference between a book and a DVD - you don't have to photocopy the book in order to read it.

      RMS's essay The Right to Read is based around reading an eBook for this reason.

      --
      The last scintilla of doubt just rode out of town
    11. Re:The obvious problem... by ConfusedVorlon · · Score: 2, Funny

      is that the source of the infamous playground chant

      'Neenah Neenah...'

      ?

    12. Re:The obvious problem... by Anonymous Coward · · Score: 0

      Who needs facts when free entertainment is so easy to get? I do love that people perpetuate the "backup" myth, though. It's kind of like seeing ads for escorts with disclaimers stating that only time is paid for and any fucking that occurs is strictly coincidental.

    13. Re:The obvious problem... by networkBoy · · Score: 1

      Awesome...
      Wish the rep I called on the phone was as educated as you (and now me:)
      How did you find the site? as I have looked more than once for it (of course it is not hosted at disney.com, that would make too much sense).
      Honestly, this is good thing, though I wonder what they do if you don't still have all the packaging...
      At least they don't ask for a sales receipt, as that would be asinine, possession of the disk should be good enough.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    14. Re:The obvious problem... by Nexx · · Score: 1

      (of course it is not hosted at disney.com, that would make too much sense)

      Disney owns go.com, and when you go to disney.com, you get redirected to home.disney.go.com, so I'm not quite sure what your beef is. Is it that you tried to google for it on disney.com?

    15. Re:The obvious problem... by gabrieltss · · Score: 1

      "Replacement Program
      PO Box 3100
      Neenah, WI 54957-3100."

      Hey I'm only 1hr 48 min from Neenah. I wonder if they have a physical address. I could just then physically walk in and get my replacement copy and not have to wait 6-8 weeks or more for my replacement to arrive.

      --
      The Truth is a Virus!!!
    16. Re:The obvious problem... by Dancindan84 · · Score: 1

      (along with DVD case and full packaging) Um... I can see the case, but do a lot of people keep the full packaging?
      --
      "Always forgive your enemies; nothing annoys them so much." - Oscar Wilde
    17. Re:The obvious problem... by bigstrat2003 · · Score: 1

      Whoa... I live 15 mins from Neenah. I never thought I'd see it on a /. discussion. Anyone seen any flying pigs?

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    18. Re:The obvious problem... by cpt+kangarooski · · Score: 3, Insightful

      Sigh. I really, really hate the software industry for using copyright licenses so much. They've completely confused so many people as to how things really work.

      Look, when you buy a copy of a work, such as a book, or a CD, or a DVD, etc. you are simply buying the physical medium which happens to have a copy of the work fixed within it. It is that simple. It is no different from buying a brick or a car.

      You can then use that copy however you like, so long as you use it in a lawful manner, just like with anything else you buy. If you buy a car, then you can drive however you want, but you still cannot break traffic laws with it. When you buy a book, you can use it however you want (read it, learn from it, use it to prop up the bed) but you can't do illegal things (e.g. make another copy of it, if it is copyrighted at the time you do so). When the copyright runs out, fewer things are illegal. Depending on your circumstances, something may or may not be illegal while those circumstances hold.

      There is no license. In fact, the various publishing companies don't even claim that there are licenses. Copyright warnings (e.g. it's illegal to make copies of this) are not licenses, they're just restating the law. If your car came with a sticker that said 'don't run over people' that would be the same thing.

      Software, and works which are accessed over the net (e.g. iTMS music) are really the only exceptions to this in the consumer market. And it's a bit sad, since software doesn't need to be licensed to end users to begin with; users would be able to use the software and make backups of software without licenses, and developers would still be protected. Licenses are only really useful for things like site licenses, or where the work isn't software. And even then, implied licenses (e.g. as used for virtually every web page, allowing users to make copies of the page as is necessary in order to see it, due to how computers work) could handle a lot of the remainder.

      I am just sick and tired of all the crap where people think that Disney or whomever is not selling DVDs, but is instead licensing them. They aren't, and they never said otherwise, even. You know how a EULA for software is relatively up-front and in your face? When DVDs do that, then you'll know they're licensed. Otherwise, I assure you, it's not happening, not for the stuff you get from the store.

      The consequences of this are that 1) it's illegal to make copies (often even backups) due to the law; 2) if your copy breaks, you are not entitled to a replacement or to make a replacement if you hadn't (lawfully) done so already; 3) you aren't entitled to get better quality copies merely because you have a lower quality copy.

      --
      -- 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.
    19. Re:The obvious problem... by Torvaun · · Score: 1

      It depends. I've got the Fantasia set that was released a few years ago. Three DVDs, each with separate cases, and there's a cardboard thing that they came in. It's convenient to keep them in, so I've still got it.

      Wait, I'm losing the /. crowd. You know how when you bought the Star Wars Original Trilogy on DVD, it came in that gold cardboard thing? That's what it's talking about.

      --
      I see your informative link, and raise you a pithy comment.
    20. Re:The obvious problem... by macdaddy357 · · Score: 1

      The software industry has really muddied the waters with EULAs and crap like that, and it is a shame. The recording industry other than things like iTunes sell a tangible commodity: Plastic discs. The vapor part, the content of the plastic discs, comes along with the ride. No matter what legalese mumbo-jumbo you may have heard bantered about, you are buying the media. When you buy software from Bill Gates and the like, they tell you that you are buying a license to use the content of the media, and the media is just along for the ride. Before Microsoft, no one ever thought of it that way. That way is silly when you think about it. You can't buy a pound of or a bushel full of vapor.

      --
      How ya like dat?
    21. Re:The obvious problem... by DivineHawk · · Score: 1

      Googled for disney dvd replacement (first link)

    22. Re:The obvious problem... by VGPowerlord · · Score: 1

      You forgot this is /. The widescreen edition came in a silver cardboard thing. :P

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    23. Re:The obvious problem... by Anonymous Coward · · Score: 1, Funny

      I did do that. In fact I called the distributor directly in effort to try to exchange the delaminated DVD (obvious manufacturing defect). They refused, saying they do not warranty the products (Really! The attorney general would say something different about that. NOTHING is sold as-is in this state), but I could buy another copy.

      So I did. Then I ripped it and posted a torrent of the ISO. Several hundred people downloaded it. I got vengeance on them. Thank you, thepiratebay.org, for offering a convenient .torrent hosting service.

      Full .iso, NOT recompressed, included all extra features, such as commentaries, deleted scenes, and so forth.

      Next time I will scan in the jacket and CD label. I didn't think of it at the time.

      Your loss, major MPAA member. Suck my left tit.

    24. Re:The obvious problem... by networkBoy · · Score: 2, Funny

      I'll be turning in my google-fu badge shortly.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    25. Re:The obvious problem... by speculatrix · · Score: 1

      when you view the book, ambient light bounces off the page and is focussed to make a temporary copy image in your eye, then a representation of the image is processed by the retinal nerves and passed into your brain.

      whilst your brain is comprehending the book and copy is kept in your short term memoru, and perhaps even transferred into your long term memory in an inexact form.

      so reading a book does make a copy, albeit one that's going to be imperfect unless you have a phenomenal memory and can quote it word for word.

    26. Re:The obvious problem... by Bazar · · Score: 1

      I'm not sure you have your facts straght.

      As far as i'm aware, shrink-wrapped EULAs have never been tested in court, as far as i'm concerned, unless the user performs an action, that directly relates to accepting the contact, it isn't valid.

      You can't sell someone a dvd box, and the moment they open it, find they are bound to a contact they never even saw, let alone agreed to. Now if they signed a contact before purchasing, then it would be solid. But thats not the case.

      Futhermore, you own the dvd, just like you own any book you purchase. You have every right to view it, you simply don't have the right to COPY it, as that would be copyright infringement. As for the required act of coping the data from the dvd to the screen via the computer is copying, its not illegal, because the authorization to do so is already implicitly given from the author by publishing on that medium.

      Disclaimer: IANAL, but its just common sense

      --
      To avoid criticism; Say nothing, Do nothing, Be nothing.
    27. Re:The obvious problem... by grolschie · · Score: 1

      Nice cut and paste dude.

    28. Re:The obvious problem... by GWBasic · · Score: 1

      Also, if I have it on tape, shouldn't I be able to trade it in for CD, and same with VHS and DVD? Pay a small fee for the upgraded quality of the content, but still, I own the movie, so why do I have to buy it again?

      No. Usually, tape, CD, VHS, and DVD are mastered differently, and all have costs associated with mastering. Thus, you can rightfully claim that you have a right to the tape master, but not the CD master.

      The best way to explain this is to understand why many albums were "digitally remastered" when released on CD back in the 90s. Vinyl (and tape) have technical limitations that must be worked around in the mastering process. CD doesn't have these problems, thus someone can make a new mix that's closer to the artist's intentions. This new mix is different then the one you have on tape, and thus when you pay again to buy the CD, you're buying something new.

      The same applies to albums that are released on DVD. They often contain a 5.1 mix, which is technically challenging (and expensive) to produce. They also contain digital artwork and menus that were not present on the CD.

    29. Re:The obvious problem... by Anonymous Coward · · Score: 0

      Music and video are luxaries, like high-dollar pussy. Record labels and production companies are the pimps and RIAA/MPAA are the pimp union. They deal in non-necessity entertainments I can buy or not.

      I don't need 'em. However, they definitely need my money. All of it, along with whatever I can borrow.

      They can't have it. I ain't buying 'til they start dealing in a reasonably priced product, free of hassles, and not marked up with a lot of pimp-stick abuse. Boycott 'em for a while and you'll see 'em turn to whoring out their mummified grandmothers.

    30. Re:The obvious problem... by Weedlekin · · Score: 1

      "They often contain a 5.1 mix, which is technically challenging (and expensive) to produce."

      It's no more technically challenging or expensive for most music than any other mix of a multitrack source.

      --
      I'm not going to change your sheets again, Mr. Hastings.
  2. Heh by faloi · · Score: 4, Funny

    "Since you guys keep cracking our DRM schemes, we're going to be really nice and grant you fair use rights for the stuff you're paying for. See how cool we are!?"

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
    1. Re:Heh by nicolastheadept · · Score: 0, Offtopic

      Stupid lack of mod points.
      Someone mod above funny for me, please.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:Heh by garcia · · Score: 2, Interesting

      Or more like, "Since we can't do anything about you hacking it because Fair Use still trumps our payoffs to legislators, we're going to 'let' you do something that's already allowed by law."

      I hate those fuckers.

    3. Re:Heh by FredDC · · Score: 4, Funny

      Yea, I'm definitely tempted to write them a little thank you note!

      --
      09 f9 11 02 9d 74 e3 5b d8 41 56 c5 63
    4. Re:Heh by morgan_greywolf · · Score: 4, Insightful

      "Since you guys keep cracking our DRM schemes, we're going to be really nice and grant you fair use rights for the stuff you're paying for.** See how cool we are!?"


      ** for a small fee of course. That's right we're going to CHARGE YOU for exercising your RIGHTS under Fair Use, including the right to make a backup for archival purposes and to use your legally purchased media on your own devices.

      They can blow it out their ass. I'll just keep cracking the DRM, thanks.
    5. Re:Heh by Lord+Apathy · · Score: 1, Funny

      Yea, I'm definitely tempted to write them a little thank you note!

      Yeah, same here. I'm tempted to write it with my ass, in a box. Then mail it to them. Feces package anyone?

      --

      Supporting World Peace Through Nuclear Pacification

    6. Re:Heh by shoptroll · · Score: 1

      Should be:

      "Since you guys keep cracking our DRM schemes, we're going to be really nice and grant you fair use rights* for the stuff you're paying for. See how cool we are!?"

      * (For a nominal one-time additional fee)

      --
      Insert Sig Here
    7. Re:Heh by click2005 · · Score: 1

      This is nothing more than an attempt to get the standard/default price of media on HD-DVD & Blu-Ray raised by $20.

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    8. Re:Heh by eluusive · · Score: 1

      Fair use isn't technically a right. It's a "legally defensible position." Whatever that means...

    9. Re:Heh by morgan_greywolf · · Score: 2, Insightful

      It's stupid and pointless to debate whether fair use is a right or a legally defensible position. It extends from a misunderstanding of the term 'affirmative defense', a term that the SCOTUS has used to describe the concept of fair use. Just because something is an 'affirmative defense', that doesn't mean that it's not a right. The First Amendment is often used as an affirmative defense -- but clearly the First Amendment is a right. It's just also a legally defensible position.

      All 'affirmative defense' means is that the burden is on the defendant to raise and prove that his use was fair and not infringement.

      Fair use is a limitation on copyright protection contained in the statute. It could easily be argued that most instances of fair use are an exercise of the First Amendment right of free speech.

    10. Re:Heh by VGPowerlord · · Score: 1

      including the right to make a backup for archival purposes

      I don't see that particular right spelled out anywhere except for computer programs. I don't know what definition Title 17 uses for computer programs, but I'm willing to bet it doesn't cover non-executable files, such as audio and video files.
      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    11. Re:Heh by jZnat · · Score: 1

      chmod a+x movie.iso ; cp movie.iso ~/Movies/

      Hmm, not so hard...

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    12. Re:Heh by VGPowerlord · · Score: 1

      ~/Movies/movie.iso
      -bash: ~/Movies/movie.iso: cannot execute binary file

      You seem to be mistaking permissions with actual executable code.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  3. freezing over... by OfficialReverendStev · · Score: 1

    I thought it was starting to feel chilly down here

    --
    A casual stroll through the lunatic asylum shows that faith does not prove anything. - Neitzsche
    1. Re:freezing over... by Anonymous Coward · · Score: 0

      I'm sorry, I thought you were Jerry Falwell for a minute there.

  4. Pay more? by pipatron · · Score: 3, Funny

    Pay more? For our right to read the information you have bought for that specific purpose? Thanks!!!

    --
    c++; /* this makes c bigger but returns the old value */
    1. Re:Pay more? by Caiwyn · · Score: 3, Insightful

      Actually, if they offer it in a format that doesn't need to be cracked, then yes, I would consider paying more for that. I often buy CDs -- even used CDs -- at a higher price than the iTunes Music Store offers. The benefits are a lossless physical hard copy that I can then transcode into any format I choose.

    2. Re:Pay more? by eln · · Score: 4, Insightful

      The problem is they introduced technology to take away our fair use rights, and are now going to charge us more to give us back the rights they shouldn't have been allowed to take away in the first place.

    3. Re:Pay more? by aneurysm36 · · Score: 1

      in fact, they have been charging you MORE to take away those rights. quickly cracked DRM schemes dont come cheap!

      --
      ------ hi mom
    4. Re:Pay more? by Scrameustache · · Score: 4, Insightful

      Actually, if they offer it in a format that doesn't need to be cracked, then yes, I would consider paying more for that. You're still waiting for your flying car, aren't you?
      You're gonna be paying more for a DRM scheme that allows a limited number of copies, IF all your gear is "trusted" and expensive, of course. They have been consistent in their efforts: they want control.
      --

      You can't take the sky from me...

    5. Re:Pay more? by jridley · · Score: 2, Insightful

      I'm assuming that they'll actually roll this out universally. See, it'll be a NEW DRM scheme, because THIS time they'll get it right, see? And they'll be able to PR-swing the irritation they're causing users that have to update/replace their players, because they're doing it to GIVE US MORE RIGHTS. See, they're GOOD GUYS!!!

      If they put a few hundred million dollars into developing the new scheme, this time it might even last long enough for some discs to be released in the stores before it's cracked. But probably not.

    6. Re:Pay more? by garcia · · Score: 1

      I'm surprised they haven't tried to sue over publicizing the words "Fair" and "Use".

    7. Re:Pay more? by SydShamino · · Score: 1

      That's how business works. I don't see that as any different than the organic food market, where they introduced foods that were irradiated or genetically modified, then charged us more to buy foods that didn't contain the new technology.

      It's how business creates tiers of product quality in a system where the original tier was already high-quality. A) downgrade quality on product sold B) introduce new high-quality version, similar to original product, at a higher price.

      Heck, didn't Linksys do this exact thing with their Linux-enabled router?

      I'm not claiming this is good or bad, it's just how the system works.

      --
      It doesn't hurt to be nice.
    8. Re:Pay more? by profplump · · Score: 1

      I really hope you're not buying CDs because they are "lossless" -- they aren't. Their encoding is uncompressed, but the very act of digital sampling is lossy. In particular it's lossy if you have to re-sample from recordings at 48kHz or 96kHz to CDs at 41.1kHz, as it's a non-integer conversion. There's no information loss as a result of sampling->encoding changes on a CD, but there is a loss with the sampling conversion, and that doesn't need to happen with with other music formats.

      I'm denying that there are benefits to owning physical disks, or that it's possible to get higher quality audio from a CD than from a download, but you mean "higher quality" not "lossless", and you only mean "higher quality" if the format you download is less than 41.1 kHz, 16-bit.

    9. Re:Pay more? by Benanov · · Score: 1

      44.1, not 41.1. CD's were supposed to be able to record 22,050 hz sounds, which means a 44,100 hz sample rate.

    10. Re:Pay more? by nasch · · Score: 1

      That's how business works. I don't see that as any different than the organic food market, where they introduced foods that were irradiated or genetically modified, then charged us more to buy foods that didn't contain the new technology. The analogy would be that people started using technologies to remove the effects of irradiation or GM from the food they bought. Then the FIAA (Farming Industry Association of America, natch) got laws passed that make it illegal to do this. THEN they sell "organic" food for more money. Those first two steps are both missing from the food market, so the analogy is (big surprise coming up here) flawed.
    11. Re:Pay more? by LunaticTippy · · Score: 1

      People refer to CDs as lossless because it is the highest quality widely used standard available for consumer purchase. Everything is lossy, from the most audiophile-approved vinyl to microphones to the human ear. Of course when people say lossless they don't mean it literally from the studio. They mean that it hasn't been compressed with a lossy algorithm from the CD standard.

      --
      Man, you really need that seminar!
    12. Re:Pay more? by SydShamino · · Score: 1

      You are assuming they decided this due to the cracking.

      It's very possible this happened through other channels - the EMI deal with Apple over music, general customer complaints about DRM, the recent issue with the media server company that had a license that allowed deciphering DVDs to rip them.

      I think you give far too much credit to the hacker community in this case. Only then is the basic analogy flawed.

      --
      It doesn't hurt to be nice.
    13. Re:Pay more? by nasch · · Score: 1

      I don't think I'm assuming too much. I think it's pretty clear the DMCA is a response to cracking. If they weren't concerned about people ripping DVDs and otherwise breaking their DRM, why would they have bothered getting legislation to outlaw it? I didn't intend to imply that the new charge-more-for-fair-use scheme is a response to cracking/ripping though. Sounds more like a simple bald-faced attempt to get more money.

    14. Re:Pay more? by SydShamino · · Score: 1

      I didn't intend to imply that the new charge-more-for-fair-use scheme is a response to cracking/ripping though. Sounds more like a simple bald-faced attempt to get more money.

      Ahh, yes, ok. I didn't intend to imply that they planned all along, from way back in the mid-1990s, to use this as a scheme to introduce pricing tiers. They are just taking advantage of it now.

      And I think my organic food analogy is better than you asserted as well. Consumers did "circumvent" the GM (genetically modified) foods, by choosing independent organic producers instead. When the major food companies realized this, they introduced (or acquired) the second tier foods to sell at higher prices, such as GM (General Mills) owning Cascadian Farms.

      --
      It doesn't hurt to be nice.
    15. Re:Pay more? by nasch · · Score: 1

      I still think the food analogy isn't quite right.

      Media : Food
      DRM media : GM food
      Buying off-label independent media : Buying organic food
      Charging more for the ability to make copies : Charging more for organic food
      Removing DRM : ?
      Distributing infinite cheap copies of purchased media : ?
      Outlawing circumvention of DRM : ?

      As you see, there are several things going on in the media world that don't have analogs in food.

  5. strikes me as unnecessary by Spazntwich · · Score: 3, Insightful

    Anyone with a real interest in copying a hd-dvd or blu-ray disc is likely already going to have the know-how (and disregard for the asinine DMCA) to do it illegally, while your average idiot consumer will continue doing whatever they do, consume I guess.

    1. Re:strikes me as unnecessary by eln · · Score: 1

      I would argue that the average consumer has an interest in copying a disc. Most people will grumble about the shoddy quality of disks when they get hopelessly scratched just because they were accidentally left shiny side down on a table for a couple of days, but will eventually either buy the movie again or just live without it. The fact that they do this rather than copying the disk doesn't mean they have no interest in copying it, it's just that copying it is a.) too much of a hassle and b.) legally risky. If people were allowed to exercise their fair use rights without hindrance, I would suspect that keeping an archival copy of every movie you own would become commonplace, especially given how fragile the original media is.

    2. Re:strikes me as unnecessary by delt0r · · Score: 2, Informative

      Well I know a few people that are average consumers. When there CD's got scratched they discorved that ripping back to a plain CD fixed the problem. Just googled CD copy or something. With DVD's theres DVD copy, its rips and compresses it so that it will fit on a SL DVD-R. They have know idea that they are "cracking" anything.

      --
      If information wants to be free, why does my internet connection cost so much?
    3. Re:strikes me as unnecessary by Anonymous Coward · · Score: 0
      I wouldn't normally take the time to complain about grammar and spelling errors in a slashdot post, but DAMN.

      When their CD[no apostrophe]s got scratched they discovored... With DVD[no apostrophe]s there[yes apostrophe]s DVD copy...

    4. Re:strikes me as unnecessary by Anonymous Coward · · Score: 0

      It's "discovered", you insensitive cold.

  6. Until... by Tuoqui · · Score: 3, Informative

    its possible to legally play on Linux I'm not interested.

    --
    09F911029D74E35BD84156C5635688C0
    +2 Troll is Slashdot's way of saying groupthink is confused
    1. Re:Until... by neomunk · · Score: 3, Informative

      Use your fair use legally defensible position to rip that content and encode it into a more friendly format, like vorbis or theora, plop it all in a nice ogg container and enjoy your media on your favorite (nice choice BTW) OS.

      Just because they tell you it's illegal, it's not. Fair Use is a LEGALLY DEFENSIBLE reason to break the law. IANAL, but I'm pretty sure it's like an asterisk on all laws relating to copyright that says that of course people can protect their copyrights, but copyright doesn't apply at all in -these- certain situations. Preserving an archival copy of your media is one of those situations.

      Again, I Am Not A Lawyer, and I didn't stay at any damn Holiday Inn's last night (express or original) but this is pretty simple stuff. Well, simple until armies of law school trained sharks start trying to convince you otherwise.

  7. Ha.. by Mockylock · · Score: 2, Insightful

    Basically stating, "If you can afford to buy a burner and media, knock your fuckin socks off."

    --
    "Please, shut up. Just when I think you can't say anything more stupid, you speak again." -Archie Bunker.
  8. Exactly by fishdan · · Score: 2, Insightful
    ...consumers may get the right to make several legal copies of HD DVD and Blu-ray Disc movies they've purchased, a concession by the movie industry that may quell criticism that DRM (digital rights management) technologies are too restrictive...

    Excuse me? The RIAA/MPAA people argue that DMCA forbids us from making backups of our media, but that is hardly FACT -- merely their legal position -- and as far as I know one that has NEVER been challenged. I'm sure they'd like for the public to think they are "giving" us something, but in fact what they are doing is saying "please use the item you've purchased from us in an appropriate mannner."

    --
    Nothing great was ever achieved without enthusiasm
    1. Re:Exactly by TheRaven64 · · Score: 3, Insightful
      They want to charge more for the version you can make copies of. That means, they want to charge less for the version you can't make copies of. That's also fine, because the version you can't make copies of isn't covered by copyright law.

      Copyright law is a bargain that is made between creators and society. Society agrees to enforce a temporary monopoly on distribution. In exchange, the creator agrees to allow certain fair-use rights during their period of exclusivity, and release the work into the public domain at the end. If the creator is now allowing fair use rights, then they are unilaterally nullifying the bargain, and their copyright should no longer be enforced. They can't have it both ways.

      --
      I am TheRaven on Soylent News
    2. Re:Exactly by Wolfrider · · Score: 1

      --Ya know, I prolly wouldn't *mind* paying a LITTLE more for the "copyable" product version, as long as it's only a couple/three bucks difference out the door, mmkay? ;-)

      --They get their $$, I gets my copies. Everybody wins. (Until they try to take $severe-advantage, anyhow. THEN we hand them their ass.)

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    3. Re:Exactly by Workaphobia · · Score: 1

      I don't know why you characterize it as a bargain. That would imply that the creator has chips on the table. The default state is that there is no protection on content. Then society steps in and says, "In order to promote the creation and diversity of content, we'll give you a limited right to exercise exclusive control over the distribution and use of your work." The proper response from the creator is "Thank you for your generocity, sir, I won't disappoint you," not "'Bout time!" followed by attempts at grabbing more rights from the public.

      There is no "version you can't make copies of" or "nullifying the bargain" - the creators do not have that privledge.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
  9. They still just DON'T GET IT by elrous0 · · Score: 5, Insightful
    So what? So they let me make a "managed copy" of a disc. What good does that do when the "managed copy" is so locked down and crippled by DRM that only a special player will play it? What good does it do me if I can make a copy for my computer or video player, but it's in a nonstandard DRM'ed format that almost no media player or media extender will play?

    Will they let me make a standard HD-DVD, Blu-ray, or DVD copy? No.

    Will they let me use a standard video format copy for my computer (like mpg, xvid, etc.)? No.

    Worthless. They still think that DRM is the answer, when it's the PROBLEM.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:They still just DON'T GET IT by kenthorvath · · Score: 2, Insightful

      Not to mention the fact that they're likely to charge a premium to give you the ability to do something that you should have the right to do anyway.

      It's a real racket, almost like selling "protection".

    2. Re:They still just DON'T GET IT by pyite · · Score: 1

      So what? So they let me make a "managed copy" of a disc. What good does that do when the "managed copy" is so locked down and crippled by DRM that only a special player will play it?

      This reminds me so much of SCMS (or SCuMS as it was affectionately known) that it's somewhat laughable. All SCMS managed to do was make people not buy standalone audio cd burners and make copying DATs a bit of a hassle in some cases. They'll never get it.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    3. Re:They still just DON'T GET IT by Weedlekin · · Score: 1

      "All SCMS managed to do was make people not buy standalone audio cd burners"

      If that's the case, then why do so many companies still make them?

      --
      I'm not going to change your sheets again, Mr. Hastings.
  10. How much of a need is there by Brad1138 · · Score: 1, Interesting

    How much of a need is there to make copies if you aren't going to give it to your friend? At about 30-50 gig per movie even the new terabyte drives would only hold 20+ movies. I take care of my DVDs and they stay in good shape, don't really need back up copies.

    --
    If you could reason with religious people, there would be no religious people
    1. Re:How much of a need is there by jhutch2000 · · Score: 2, Insightful

      Have some kids. Turn them loose on their favorite DVDs. See how many still play without skipping after about 2 months.

      I have a movie server in the basement cobbled together from old parts that plays movies to the main TV through an XBOX. No need to go looking for the DVD (which NEVER seems to get put back in the right container!) ... just select it from the list and BAM! it's playing.

    2. Re:How much of a need is there by goldspider · · Score: 1

      "How much of a need is there to make copies if you aren't going to give it to your friend?"

      Correct me if I'm wrong, but isn't that exactly the kind of thing that the MPAA wants to prevent you from doing?

      --
      "Ask not what your country can do for you." --John F. Kennedy
    3. Re:How much of a need is there by compro01 · · Score: 1

      I take care of my DVDs and they stay in good shape, don't really need back up copies.

      have you seen what little children can do to a DVD disc? now keep in mind that blue-laser discs are significantly more sensitive to scratches.

      just because you have no need for backups does not mean you are the norm.

      --
      upon the advice of my lawyer, i have no sig at this time
    4. Re:How much of a need is there by CmdrGravy · · Score: 1

      BOSH ! It's wang time Baby and I'm ready for a bit of man fun !

    5. Re:How much of a need is there by pluther · · Score: 4, Insightful

      It's not just backups.

      I currently occasionally watch movies on any of:
      My DVD player, connected to a standard TV set
      My Linux desktop machine, when I'm in my home office
      My Windows laptop machine, while I'm traveling (sitting around in airports)
      My PDA, while I'm riding the train to work

      My music-playing choices are even more varied. According to ??AA, every time I watch a movie on my PDA, I'm breaking the law, if I bought that movie on DVD.

      --
      If the masses can keep you down, you're not the Ubermensch.
    6. Re:How much of a need is there by Anonymous Coward · · Score: 0
      I take care of my DVDs and they stay in good shape, don't really need back up copies

      In car video players are increasingly common. We have players in the bedroom, in the family room, in the kids playrooms. Why is it unreasonable to have a semi-disposable copy of the kids favorite movies that can be kept in each of those locations? Its certainly covered by the established Fair Use Guidelines,

      If it hadn't been for the Napster crowd declaring that sharing with friends is legal and BTW, everyone with internet access is a freinds in the great 90's love-in that was the internet...

    7. Re:How much of a need is there by Gramie2 · · Score: 1

      A bit redundant, but a personal account:

      I just had to throw out an entire wallet of CD-ROM games that my 6-year-old had been playing. The bottoms were scratched to hell, and in many cases I could see through the disk because he had scratched off the top coating (including the metal film that actually holds the data). These are pretty old games (some more than 10 years old), but he still loved them.

      Too bad I didn't make backups.

      Do you expect that he would treat DVDs any differently?

    8. Re:How much of a need is there by Belial6 · · Score: 1

      I do the same thing. Of course I'm just as concerned about the way I handle disks as I am about the way my 3 year old does.

    9. Re:How much of a need is there by jedidiah · · Score: 1

      It doesn't take constant pervasive abuse to destroy your irreplaceable media. One moment of being off balance will do.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    10. Re:How much of a need is there by |/|/||| · · Score: 1

      As another child post mentioned, it's not just backups. You may want to convert the data to different formats or store it in different ways. You may also want to change the data for your own use, which is legal, protected fair use of the data. You might want to extract a short clip for use in a demonstration. You may want to fix some shoddy subtitles. You may want to fix some of the content that is flagged as "unskippable". You may want to edit out a scene that you don't like.

      As long as you're not distributing the content or playing it for large audiences, you're free to do all of these things -- or at least you were until the DMCA interceded. The DMCA makes it illegal to do things that are *legal* under copyright law. Now the content owners are kindly going to allow us to exercise our fair use rights (for an extra fee) - but wait! They're not really. This whole scheme is not really opening up the data that you paid for. It's just allowing you to make DRMed copies. It's less useful than the protected stuff, since the protection is already broken.

      In other words, it's not just backups, and it's not just other practical considerations -- it's the goddamn principle! Even though I don't bypass the encryption on 90% of the DVDs that I own, I'm not going to buy a movie in an inaccessible format.

      --
      [javac] 100 errors
    11. Re:How much of a need is there by Synchis · · Score: 1

      This issue is this:

      You buy an HD-DVD for $35. You can play it on your HD-DVD Player... but wait... you bought a leading edge player that's starting to get old, and thus doesn't support the DRM scheme on the latest disk... so you figure... I'll just play it on my PC running Linux... but wait... HD-DVD's wont play under Linux.

      You buy a movie that must be played with a certain player, and in a certain operating system, and its technically illegal to do so under any other conditions other than what they say you can. Is this fair? Technically, no. Is it reality? Yes.

      DRM is destroying the industry they are trying to promote. The music and movie industry is shooting themselves in the foot by trying to enforce such strong DRM. People who want to copy the content will *STILL COPY IT*. People who want to use the content fairly, will be crippled by DRM.

      As long as there is content to be copied, people will always find a way to do it. There is no such thing as perfect DRM.

      --
      Thomas A. Knight
      Author of The Time Weaver
    12. Re:How much of a need is there by Wolfrider · · Score: 1

      --Ya know, if they'd just publish these d--n discs with a decent scratch-proof coating *and* make them shatterproof... Might be worth an extra buck or two. ;-)

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
    13. Re:How much of a need is there by jhutch2000 · · Score: 1

      Quote: == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??

      Oh, hell no! This is the Internet! What would be the fun in that?! ;)

  11. I Should Hope So... by morari · · Score: 1

    For NetFlix's sake, if nothing else... :P

    --
    "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
  12. Throwing a bone by Applekid · · Score: 5, Insightful

    Ahhhh... "legal" as in an exception made in the DMCA, no.
    "Legal" as in the entities that control AACS and MPAA agreeing to 2 copies, yes.

    It's still a scoop of gruel in an orphan's bowl. From TFA, it will allow one backup and one media device.

    What if I have more than one media device? What if I have one and it gets lost or stolen? Now I can't put it on any others?

    One backup? What happens when that backup is too beat up to work anymore. I can't make another backup?

    This is just a trick for getting people to say "ooh, well, DRM isn't so bad after all."

    They're offering a piddling fraction of the rights we as customers SHOULD have and treating it like we should be kissing their butts for the privilage.

    --
    More Twoson than Cupertino
    1. Re:Throwing a bone by Anonymous Coward · · Score: 0

      it will allow one backup and one media device I guess a clustered server environment is out of the picture then.
    2. Re:Throwing a bone by Overzeetop · · Score: 2, Insightful

      Man, if mods could go to 6...

      "The idea is that the content companies could charge a premium according to how many copies are allowed, Ayers said."

      That just rankles. Seriously. This is NOT the way to get the rights to make copies - I predict this will be as popular as DAT.

      What I want is for the numbnuts we elected to stand up to the showers of cash being thrown about by the content comglomerates and say "DRM is illegal - you sell a product, not a license. Don't like it, don't sell it!" Illegal copying for commercial distribution is still a no-no. Copying for personal use is fine and dandy. (and, for the record, no - I don't know how to deal with P2P in an equitable way from a legal standpoint. From a market standpoint, some people will always copy - if most people are copying, then the media is seen by the consumer as too expensive. For $7, I probably would never bother even looking on line.)

      --
      Is it just my observation, or are there way too many stupid people in the world?
    3. Re:Throwing a bone by ChronosWS · · Score: 1

      Not SHOULD have, DO have. Those rights are currently being suppressed by various agencies, but we do still have them. It remains to be seen whether they will be outright stripped from us though as has been happening slowly but surely.

  13. how much more? by Joe+The+Dragon · · Score: 2, Insightful

    If it is x2 the price or x3 for the ones that can be copied and used on sever then this is point less.

  14. They're going to charge *more*?! by The+Ultimate+Fartkno · · Score: 5, Insightful

    "Rights holders might charge more for discs that can be copied for backup or for use on a media server, however."

    Uum, yeah. You just hang on to the $49.95 backup-ready copy of "Finding Nemo" there, and I'll take a "protected" one for $19.95. I don't need to put it on a server or iPod or anything, so I'll just take the cheap, "secure" one.

    What's my credit card number?

    09 F9 11 02 9D...

    1. Re:They're going to charge *more*?! by u-bend · · Score: 1

      Wait! Don't stop, I was copying that down!

      --
      u-bend
    2. Re:They're going to charge *more*?! by Anonymous Coward · · Score: 3, Interesting

      Just put in 4111 1111 1111 1111, some sites don't explicitly deny that number and it passes on a few sites. The transaction will go through- it's a test number.

    3. Re:They're going to charge *more*?! by Anonymous Coward · · Score: 0

      Reminds me of one site where I didn't want them getting my credit card number. I thought they were just going to checksum it, so I typed 0000-0000-0000-0009. That spewed a really ugly error message.

    4. Re:They're going to charge *more*?! by Anonymous Coward · · Score: 0

      09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63 - lol, can common knowledge be illegal.... nope.

      That does make this entire article a moot point.

  15. Tricky by bdjacobson · · Score: 5, Insightful

    This is a sneaky marketing tactic they're using. Everybody feels good about being able to make copies of their disc, but they still maintain control with the DMCA over how we can use those discs. They maintain control by telling us we're buying a license to use the movie we buy in certain ways-- "in the blu-ray player for this disc, but if you want to copy it to your computer, you have to pay extra". Not because there's any extra cost in producing the disc that allows you to copy the data to your harddrive, but simply because they can get away with charging more.

    This DMCA crap is copyright abuse. There's a reason copyright wasn't allowed this power-- it was supposed to control who could distribute the product, not how you could use it.

  16. "Managed" copies? by TripMaster+Monkey · · Score: 4, Insightful

    So...if I understand this right, I can make copies now, but my copies will still be as DRM-crippled as the original?

    This helps me how?

    I think I'll just stick to stripping out the DRM. Thanks anyway.

    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:"Managed" copies? by teh_chrizzle · · Score: 1

      i say tell the industry to go "manage" itself.

      --
      sarcasm:
      -noun
      1. harsh or bitter derision or irony.
  17. When did I lose Non-Infringing Use Protections? by mpapet · · Score: 5, Insightful

    First of all, it's a testament to the effectiveness of the media conglomerates that this headline does not outrage ./'ers in general.

    Sadly though, most people have thrown away all of their personal use rights in exchange for little more than a high-def picture and an ipod. These people get what they deserve. Higher prices.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    1. Re:When did I lose Non-Infringing Use Protections? by Sobrique · · Score: 2, Insightful
      The core problem is that the recording industry haven't really caught on to the fact that they're just obselete. When you've got a production cost of 'stuff' e.g. tapes and CDs, and you charge 'some' for the physical object, people buy them. Sometimes they get copied, but a lot have the opinion of 'I bought it, so it's mine, do to what I like with'.

      However in a world where media is digital, and the cost of replication is negligable (at least, to the supplier - it may take me some disk space or bandwidth to download whatever) then ... well, then the unit cost clearly has to skew. Piracy is much like smuggling. It's always going to happen, but it happens a hell of a lot more when the profit margin is present. If you 'tax' the end user for their product, then they'll consider going to an illegitimate source for a significantly cheaper one.

      I don't know of an easy solution, but what I do know is that the genie is well out of the bottle. The RIAA and friends are fighting a losing battle, for territory they just can't reclaim. They need to diversify and 'reinvent' the purpose of the recording industry, in a way that means they can continue to function, rather than trying to stop the tide coming in.

    2. Re:When did I lose Non-Infringing Use Protections? by SilentChris · · Score: 2, Insightful

      Maybe I've become desensitized to whole thing, but why should I feel "outraged"?

      The powers that be are putting their thumb down on copies of content intended for mass consumption. They're not putting a gun to my head and saying "Buy this Adam Sandler HD-DVD". They're not infringing on my free speech in any way (I'm belittling them right now in front of a potential worldwide audience). They're simply preventing me from making extra copies of content that I had no intention of watching anyway.

      If they started *requiring* DRM on HD-DVD/Blu-ray players so that indie companies couldn't publish content freely I'd be concerned. Or if non-DRM content produced by those publishers was degraded in any way. Or if they somehow infected media I do care about with DRM (such as paper books).

      But if you're honestly asking saying I should be "outraged" for not being able to copy "300" or any other drek for the masses -- I'd venture to argue you need better things to be angry about.

      In short, if you really care this deeply about it, you have a couple ways to fight this. You can (continue to?) pirate the content. Doesn't really help the argument. Or, you could do things the old-fashioned way: with your wallet. Don't buy the content. Don't buy the players. There *are* alternatives out there if you simply look.

    3. Re:When did I lose Non-Infringing Use Protections? by njchick · · Score: 1
      1) You child wants a movie. Then the disk breaks and you have no backup. You can teach a seven year old top be careful with disks, but you cannot do that to a three year old.

      2) You want to play the disk on your PC. You have to install non-free software on it, perhaps a whole non-free OS.

    4. Re:When did I lose Non-Infringing Use Protections? by radtea · · Score: 4, Insightful

      You can (continue to?) pirate the content.

      What part of, "Fair use is not piracy" do you not understand?

      The OP is pointing out, quite correctly, that we have a legal right to fair use, which may include the right to make backup copies. I neither know nor care what you or anyone else feels about the necessity of backup copies. Your experience, needs, desires and wants are totally irrelevant to the legal fact of fair use rights.

      DRM is a failed attempt to prevent me from exercising my fair use rights. Again, whether or not you think I'm a moron for wanting to do so is irrelevant. It is not piracy to do so. It is a matter of legal fact that I have those rights. Even the RIAA once admitted that, in front of the Supreme Court no less.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    5. Re:When did I lose Non-Infringing Use Protections? by jedidiah · · Score: 1

      You should be outraged because they bought off your elected representatives to make the entire scheme work.

      This isn't just EA putting bad sectors on a floppy. This is EA paying off Senator McCain to throw anyone in jail that tells you how to get around those bad sectors.

      You should be mad at both.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:When did I lose Non-Infringing Use Protections? by Apotsy · · Score: 1
      most people have thrown away all of their personal use rights in exchange for little more than a high-def picture and an ipod

      Uh, I think it happened a lot less recently than that. How about DVDs and the original DMCA? It happened around 10 years ago. Yes, DRM existed before that, but DVDs were the first medium to really catch on with the mainstream that had DMCA-backed copy protection.

      I'm surprised people pick on HD formats so much, when it goes back a lot further than that. Sticking with DVDs is just as bad. Unless people go back to Laserdisc and VHS, all home video formats have DRM issues.

    7. Re:When did I lose Non-Infringing Use Protections? by Relic+of+the+Future · · Score: 1
      "300" is an excellent example of why you should be outraged. So here we've got a movie... based on a comic book... strongly derived from an earlier movie ("The 300 Spartans", 1962)... based on two millenia of written and oral history... based on an actual event.

      "Good artists borrow; great artists steal." Picasso said that.

      The truth is, all works of art--which, for the purposes of discussion, we'll count "300" as--are inspired from earlier works. Without access to those works, creativity would be set back to the stoneage. Society determined that it would be worth our while to offer a limited-time monopoly on the distribution of a new work of art, as economic incentive to artist to produce and spread their work, so that there would be more works available to inspire future works.

      Continuing copyright extensions and drm are stealing. From us, from society, from our future; in order to line the pockets of a selected, greedy few.

      Your history, repackaged, and inaccessible from now on and for the rest of time; now available in Blu-ray.

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    8. Re:When did I lose Non-Infringing Use Protections? by SilentChris · · Score: 1

      1) My child gets a book. He tears out all the pages. Should I have copied every page with a Xerox beforehand or taught him how to use a book? Should I care about making a "backup copy" if the content is less than $20 to buy again (and the child learns a valuable lesson)?
      2) Again, if I'm not interested in the content that requires the DRM, how does this affect me exactly?

    9. Re:When did I lose Non-Infringing Use Protections? by SilentChris · · Score: 1

      Again, if I'm not interested in the content being offered that is plagued with DRM, how does this affect me?

      * I *DON'T* buy DVDs from major content providers (both because of the DRM and the content).
      * I *DON'T* buy DVD players with any kind of region coding.
      * I generally READ BOOKS for my entertainment.

      You chose to pick this particular entertainment avenue (I pity you, but what can I say)? In the past 20 years the content providers have been introducing more and more draconian means to control you. WHY do you keep giving them money? WHY NOT put your wallet away? It'd be a far greater argument than pirating the material.

      (And I say "pirating" because let's face facts -- most Slashdotters don't just rip a copy for themselves. They keep a copy for themselves unencrypted and when a friend wants a copy of 300 they burn them the DivX. If you have claim to have never done that, I'd have to call you a liar).

    10. Re:When did I lose Non-Infringing Use Protections? by SilentChris · · Score: 1

      Dude, I DON'T CARE ABOUT THIS CONTENT. Or, rather, I have chosen not to care.

      Yes, politicians are corrupt and can be easily bought out. This is news? If I'm not buying the media that has the bad sectors in the first place (how I choose to express my displeasure with DRM and the current crap Hollywood is producing), how am I going to get put in jail for going around the sectors?

      (By the way, I have never heard of someone actually being put in jail for violating the DCMA. I have, however, heard of people getting putting away for *SELLING* millions of dollars worth of copied media. There's a big difference).

    11. Re:When did I lose Non-Infringing Use Protections? by SilentChris · · Score: 1

      But I never watched 300. I don't intend on watching 300.

      Are you saying I should be angry because some content I don't care about it based on a fictional account of history that's been retold?

      Here's a mental exercise. You're not a media conglomerate, so you should have no problem doing this. Try to come up with a completely new idea.

      Now, think VERY carefully: has no one ever thought of this idea before? Honestly? Think really hard about the billions of people that have inhabited this planet. Not ONE person has thought what you're thinking right now?

      I don't buy conglomerate drek because it's derivative. But I don't necessarily fault works for being derivative because it's hard to produce anything otherwise.

    12. Re:When did I lose Non-Infringing Use Protections? by nuzak · · Score: 1

      > Unless people go back to Laserdisc and VHS, all home video formats have DRM issues.

      Don't remember Macrovision, do ya? That leaves just LD with its lovely jet engine turbine motor and the flippy flippy fun halfway through the movie.

      No one raises a hue and cry over DVDCSS any more, because it just doesn't work. Now the MPAA is busy locking down the design and implementation of every last a/v device, and doing so with the force of law. Yeah, that degree of control pisses me off.

      --
      Done with slashdot, done with nerds, getting a life.
    13. Re:When did I lose Non-Infringing Use Protections? by jedidiah · · Score: 1

      The problems with this sort of law is that it doesn't just apply to "this" content.

      Any wanker that gets full of himself can now suddenly decide to go on copy protection rampage and will have the full force of the law behind him.

      You can't even bundle a DVD player with a commercial linux distro because of this BS.

      While it might not effect your little niche today, it will eventually. The only way you can avoid this law from catching up with you is if you are Amish. Everyone else who publishes will try to abuse the relevant technology or laws sooner or later.

      Add the "lets copyright databases and collections" BS to this and the current public domain isn't even safe.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    14. Re:When did I lose Non-Infringing Use Protections? by Apotsy · · Score: 1
      Yes, I do remember that, and it's not the same thing. It was legal to filter out Macrovision. There were cheap devices for sale in video magazines that you could buy.

      It's illegal to break DVDCSS. No one can sell you a device with DeCSS, not even if it's supposedly for personal use. The DMCA introduced the level of control that exists now. What's happening with HD formats is fundamentally no different than what happened with DVDs.

    15. Re:When did I lose Non-Infringing Use Protections? by mrchaotica · · Score: 1

      What part of the principle that people should be able to exercise their rights do you not understand?! I know I'm Godwining myself here, but fuck, man -- you're like the guy dismissing the Holocaust because you're not Jewish!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  18. What about DVDs? by javacowboy · · Score: 5, Interesting

    It's kind of disigenuous that they didn't mention allowing people to legally copy their DVDs. People (especially parents with young children) have been screaming about this for years.

    Also, since CSS was cracked years ago, there's absolutely no reason they shouldn't have allowed DVD copying already, other than to use as a means of sending otherwise law-abiding citizens to jail. With the advent of Apple TV (along with similar products) and the possibility of ripping one's entire DVD collection and making it available in an easily browsable interface (like an MP3 collection), the outcry is probably getting louder.

    Since I live in Canada, there's no DMCA, and I'm already paying taxes on blank DVDs, so this is not yet a problem. Still, I figure Stephen Harper and his cronies will bless us with a DMCA-like law soon.

    And, yeah, the timing of this announcement is just a little too coincidental, what with the latest AACS crack.

    --
    This space left intentionally blank.
    1. Re:What about DVDs? by 91degrees · · Score: 1

      AACS was designed to allow a limitted number of copies (assuming DRM is supported in the OS). It should be possible to copy to a Vista PC and prevent making usable copies on other machines.

    2. Re:What about DVDs? by rikkards · · Score: 3, Informative

      Since I live in Canada, there's no DMCA, and I'm already paying taxes on blank DVDs, so this is not yet a problem. Still, I figure Stephen Harper and his cronies will bless us with a DMCA-like law soon.

      I believe the levy is not on DVDs but on CDs and media playing devices as it DVDs are not considered Audio recording media (see table in link). And don't blame Harper, well at least not for the copyright law that the govt is trying get through as this was introduced by the previous residents of parliament.

    3. Re:What about DVDs? by Anonymous Coward · · Score: 0

      The levy is on data CD's, audio CD's, and audio cassettes. "They" are working to get it applied to DVD's, flash-based media, and MP3 players.

    4. Re:What about DVDs? by rikkards · · Score: 1

      The intent was to have DVDs included on the 2003-2004 levy but it never made it. Hopefully sensibility will ensue.
      But I won't hold my breath.

  19. Central Server? by doormat · · Score: 2, Interesting

    I do like managed copy (even though I think its useless because AACS is busted anyways), but the idea of a central server that would register and track these copies is a bad idea for consumers. It assumes you have internet access at the same place you want to watch the managed copy, as well as providing a mechanism for the movie industry to come in and see the volume of managed copies being used and say, "Well, we need to monitize this activity," and then now you have your pay-per-view system that the industry longs for. $2.99 for every time you create or possibly even watch a managed copy sounds good to them I'm sure.

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
  20. Let me get this straight... by edbob · · Score: 4, Insightful

    You are going to charge me more to exercise rights I already have. Then, on top of that you are going to "manage" (i.e. restrict) those rights with this so-called "managed copy". I am sorry, but I am perfectly capable of managing my own rights. Until AACS is permanently cracked a la DeCSS, I won't be buying either Blu-ray or HD-DVD.

    1. Re:Let me get this straight... by suv4x4 · · Score: 1

      You are going to charge me more to exercise rights I already have. Then, on top of that you are going to "manage" (i.e. restrict) those rights with this so-called "managed copy". I am sorry, but I am perfectly capable of managing my own rights. Until AACS is permanently cracked a la DeCSS, I won't be buying either Blu-ray or HD-DVD.

      What's a right. It's something given to you in a law.

      Of course, people believe they have some intrinsic rights they have "by default", like right of life, right of free speech and some other. But bottom line is, everyone considers those slightly different, and not to allow some people to claim "hey, it's my right to stab anyone in the back if he's pissing me of", people in a modern society basically should settle down with what is written in a law.

      What's copyright? It's a law. In many countries the law has fair use exempts about using copyrighted work without permission.

      What's DMCA? It's a law, yet again. It's no more a law, or less a law, than copyright is. It doesn't go in direct conflict in fair use rights, as in "whatever copyright says, well forget about it", but it goes in indirect conflict, since it so happens that when you try to use some of your fair use rights with a modern digital media, you may brake the DMCA.

      Unfortunately, we don't have a third law, that says "in the case of two laws conflicting, pick the better law". Nope, we should abide by both laws, which basically means, no copies, unless they're allowed to us.

      Of course, many people simply ignore the laws and make copies anyway. This is possible, since those aren't actual physical laws. You can break them, and it won't be against nature, it'll be only against society's regime, which may get the police and legal system against you, if you're unlucky, but that's very unlikely in the case of a casual copy of a DVD you use to keep the original free of scratches.

      I don't know of anyone being arrested for a copy of his DVD, that he kept for himself, the worst cases we've had were when people get sued for sharing copyrighted content on a P2P network.

      And charging more money about it... Well, consider this. Just like laws, the legal system your obligaions and rights, money is a virtual concept. It's really just a bunch of papers. In some cases it's even just a few flipped bits on a server. You exchange papers and get a movie that cure of a thousand of people spent working on for 2 years.

      Isn't society curious?

    2. Re:Let me get this straight... by Anonymous Coward · · Score: 0

      It's a "right" in the contract sense. As in, if someone agrees to sell you an apple, they can't turn around and tell you after you have eaten it that, actually, you only paid to rent it. If it is rotten, no, they don't have any responsibility to replace it, and, no, you are strictly *NOT* allowed to use the apple seeds to grow your own (that would be "stealing"). Furthermore, you can't make applesauce or pie with it, because they have included special chemicals that will make the results of any baking inedible. It is illegal to remove these chemicals, even from apples you have bought.

      The bargain in copyright INCLUDES "fair use" as a part of the deal. It's there in copyright law in black-and-white, and its validity has been asserted in many, many legal precidents. Yes, it isn't a "right" in the same sense as the inherent ones you talk about, but it is very clearly part of the contract between creators and users that copyright represents. Restrictions on the exercise of fair use, with no recompense, are unfair because it ignores copyright law as much as the people who illegally copy materials. It is short-changing reasonable expectations of what people can do with the product they bought. Until such time as the stupid DMCA law was introduced, people could still legally circumvent restrictions if what they were doing was legal under copyright law. Now it is illegal to do so even if you bought the product and your use is otherwise legal. That's stupid -- like charging people with a crime for breaking the locks on their own cars to get in.

      Most consumers understand that making copies to distribute to others is and should be illegal. What doesn't make sense is preventing copies, or restricting them in any way by technical means, when purchasers of a product merely want to use it for their own legal purposes. It diminishes the value of the product by making it prone to failure, and it keeps users from doing what they naturally expected to be able to do with it. It is like buying the apples that are poisoned so you can't bake with them.

      My expectation in such a circumstance would be that most consumers would want to buy the unpoisoned apples -- almost always -- and it is only because consumers have been slow to realize the existence of the restrictions that media companies have gotten away with what they have been doing for so long. It's as if most people didn't use apples for baking, and now that more people are, they are suddenly realizing just how unfair and misleading the situation has become. Using music digitally, and now video, is becoming the norm, and people now know the faults of all current DRM systems, and how their former copyright "rights" have been effectively infringed by the combination of DRM and the DMCA.

      The right thing for media companies to do at this point, now that the jig is up, is either to drop DRM or push for changes in the DMCA to make it sane. Heck, if people are illegally copying *and* circumventing DRM, throw the book at them for both! But if the copying is legal there should be a specific and broad exception written in the DMCA to allow it.

    3. Re:Let me get this straight... by suv4x4 · · Score: 1

      If you'll be using an apple as an example of copyright, we won't go far.

  21. appropriate? by Mateo_LeFou · · Score: 2

    Hardly. I believe it was Valenti who said the way you get a backup of The Lion King is, you buy two copies of the Lion King.

    No, they're saying "please use the item you've purchased from us only in the ways we approve."

    This comes after attempts 1) to restrict the kinds of technology you can buy ('trusted' computing, broadcast flags); 2) to restrict what you can do with your hardware (anti-circumvention laws) and 3) to redefine "purchase" so that it actually just means "rental" of their 'content', and they retain the right to dictate how the property your renting may be used.

    --
    My turnips listen for the soft cry of your love
  22. Finally..... by mulvane · · Score: 1

    At least they are listening now it seems. I can agree to have a non copyable product at a lower price, and a premium product that allows me fair use rights so I can legally make copies and have an archival storage, an original, and a media center copy. Although, I think that the pricing of premium should be at or near if not lower than current pricing and the non copyable should be lesser value. I for one am happy to hear something like this is finally being thought about. It will also save me money in the format wars as I can simply buy a reader for my media copier and have a stored digital copy and archived copy in my preferred format (legally).

  23. Price reductions work by MikeRT · · Score: 4, Insightful

    Movies fly off the shelf at places like Wal-Mart where you can pick up a lot of movies for $10 or under. Economies of scale work at beating back the effects of piracy. If they would charge $15 for regular new releases, they would make plenty of money off of them, and be at a price range where most people would just buy the real thing even if there were no DRM to make them have to buy them.

    1. Re:Price reductions work by Sobrique · · Score: 1

      Very true. I've picked up numerous DVDs of 'stuff I like' at that sort of price point, just because I like it. I'm aware I can download it, but ... choose to buy a the product when it's got a sensible price tag.

  24. And didn't need to by Mateo_LeFou · · Score: 2, Insightful

    I wish *one exec from the "content industry" would come by just for a day. In case that happens, here's a message for himher, right up a the top:

    Fair use means *copying of your "content" that we are *legally entitled to do. *Without asking for *permission. We do not have to sit down with you and work on the problem, try and strike a balance that pleases everyone, come to an acceptable price. We get to just do it.

    --
    My turnips listen for the soft cry of your love
    1. Re:And didn't need to by FLEB · · Score: 1

      For that matter, is backup even covered as a Fair Use? Where is backup covered? Or is it?

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    2. Re:And didn't need to by VGPowerlord · · Score: 1

      Backup of computer software is, at least in the United States. It's even spelled out in Title 17, Section 117.

      Of course, music files and such are probably not considered computer programs by the law, plus circumventing DRM systems is a violation of copyright.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  25. Not Really!!! by Anonymous Coward · · Score: 0

    A License agreement is them giving us permission to copy the media we purchased. I'm not a lawyer but this has a bad smell to it, legally speaking.

    If they give us permission to do what we are currently legally able to do under fair use then aren't we essentially giving up our right to fair use and giving them the ability to tell us yes you can make a copy, a backup or change the format too something portable etc?

    Or more specifically we are agreeing that they have the right to tell us we can make a legal copy. But then they will of course say but we only allow one copy. Or we will not allow you to copy more than one and you cannot change the format type etc. Which when brought to court will not be fought with the argument of Fair use but be fought over our rights granted under this license agreement?

  26. "rights holder"? by ruiner13 · · Score: 3, Funny

    Funny, the last time I bought a DVD, I didn't have to sign anything that gave them any rights to my purchase. There was no EULA, there weren't even any signs at best buy saying what rights I had versus them. If it isn't explicitly listed BEFORE I buy it, I assume that I have full rights to do whatever I want with it, even make a frisbee out of it and throw it at the MPAA members.

    --

    today is spelling optional day.

    1. Re:"rights holder"? by guruevi · · Score: 1

      Really! You know there is this Windows CD I bought and it had this EULA.txt on, so I copied it, did "cat ~/MyEula > EULA.txt" and burnt it to a blank CD. Well, I never read the EULA, but apparently it is still in effect... hmm... as soon as you open the packaging, the EULA starts taking effect in the US apparently (and if I remember, there have been lawsuits around it).

      By the way, if you make a frisbee out of it and throw it at MPAA members, they would arrest you and charge you with assault on (incapable/elderly/demented) people. If you throw a Britney Spears CD, you would be charged with aggravated assault with a deadly weapon; if you would just play an American Idol CD near them, you would be charged with attempted murder in the second degree. The MPAA would also charge you with destruction of property for throwing the CD.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
  27. Missed point: it's not the DRM, it's control. by Anderson+Council · · Score: 5, Insightful
    So, we may be permitted to make a copy or two of product we purchase. How exciting. If I make a copy to put on my media server (for example, as suggested by the article), is this going to preclude me making another copy later if I trash my media server? Does this include *my* media server (which is currently a linux box), or some idealized media server that no one actually owns? Will this all work transparently with my linux server, linux + mac + windows clients thing that I have going right now?

    In order to solve certain issues with the Front Row software I already have to make reference movies; however, this enables my entire distributed multi-platform (TV and computer client) home set-up hum. Want me to give you odds that this new "licensed copy" won't work?

    I didn't think so.

    While it's encouraging that they are noticing that stomping on basic fair use is a Kobayashi Maru scenario for them (as other posters rightly point out, people will just break the DRM and copy it anyway); it should go without saying that a non-interoperable, proprietary system that dictates not just what software (or possibly hardware even) I run on my "media server", but also the software/hardware options for the clients as well?

    Thanks, but no thanks. I'd argue they've still dropped the ball, and this does not consitute picking it back up. More like when you see a kid reach for the ball but in reaching for it they kick it with their foot and push it even further out of reach.

    Oh well. Status quo I suppose.

    --
    ~AC

  28. Little late? by R2P2 · · Score: 1

    I'm pretty sure I read a while ago that one of the differences between HD DVD and BluRay is that this managed copy stuff is mandatory for HD DVD and optional for BluRay. If it's mandatory for HD DVD, and HD DVDs are already shipping, why are licensing agreements still being worked on? Shouldn't that all have been sorted out by now?

    1. Re:Little late? by Zontar_Thing_From_Ve · · Score: 1

      I'm pretty sure I read a while ago that one of the differences between HD DVD and BluRay is that this managed copy stuff is mandatory for HD DVD and optional for BluRay. If it's mandatory for HD DVD, and HD DVDs are already shipping, why are licensing agreements still being worked on?

      Good question, but the situation is like this:
      HD-DVD - theoretical support for managed copy, but it has yet to be implemented. I don't think "mandatory" is the correct word, it's more like a "supported option".
      BluRay - ZERO support for managed copy, which is how they got almost every studio in Hollywood to sign up for it. Hollywood loves the idea of not allowing copies.

  29. That was supposed to be the deal in Germany by jeti · · Score: 4, Informative

    Over in Germany, we're paying an extra fee on blank media
    as a compensation for fair use rights. Also, we were told
    that CDs cost a lot, but that the extra charge covers the
    private copies we have an explicit right to create.

    Then came the copy protection.

    Then came a law that makes it illegal to copy 'protected'
    media.

    We're still paying the fees.

    1. Re:That was supposed to be the deal in Germany by koma77 · · Score: 3, Interesting

      It's exactly the same in Sweden, and probably in many places in the EU. It's also impossible to buy blank media for use not related to private copying; say to make a backup of your HD. UNLESS you are a company. They can buy blank media without this "tax". It's time to do something about this paradoxial law.

    2. Re:That was supposed to be the deal in Germany by Anonymous Coward · · Score: 0

      Same in the US and Canada.

    3. Re:That was supposed to be the deal in Germany by geekoid · · Score: 1

      I don't know your form of government, but can you contact your officials and ask them to address this issue? Like it or not, for most governments, copyright is way down on the list of priorities, so unless you give them a reason to think about it, they won't.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  30. Whilst I hated DRM by goldcd · · Score: 1

    I think I hate these new offerings even more.
    Way I see it is that a new 'standard' gets pushed upon us, crippled with DRM (DRM which is ultimately paid for by us the consumer).
    People hack away at the flakey DRM to produce something that works better, whether it be for dvds, games, m4p, wma, blu-ray, hd-dvd etc.
    Suddenly the media companies seem to have realized that the DRM they're forcing on us is causing problems and not working in the wonderfully transparent fashion their PR spiel banged on about. What do they do? Do they fix their DRM? Do the admit they screwed up a bit? NOooooo - they relax/remove the DRM and try to sell it for even more - First Apple with the EMI tracks and now this.

  31. Viewing Vouchers by dekkerdreyer · · Score: 2, Insightful

    This move also introduces Viewing Vouchers, an enhanced feature of DRM. The user will be provided not only with a disc containing the movie, but two vouchers for viewing the movie itself. Each movie comes with a Solo Voucher, for a single, non pausable, private viewing of the movie.

    As a bonus, the package includes one Party Voucher (tm), allowing the viewer, and up to three approved friends, to view the movie simultaneously from one screen. If the user has no friends, the Party Voucher may be converted to a Solo Voucher for a small fee. This allows the user to get two viewings from one disc, essentially buying one movie and getting the second viewing free.

    This offer is for a limited time only.

    --
    Dekker Dreyer
  32. It's legal NOW. by geekoid · · Score: 1

    A license to say it's 'legal' is a misdiretion to make people think it is only legal if they say so, nothing more.

    The only 'legality' is whether or not I can bypass encryption to make a copy, as opposed to a straight bit by bit copy.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  33. we've got that in germany by AlgorithMan · · Score: 2, Informative

    in germany we pay "GEMA" charges for the content - that's 9% of the price
    we also pay extra for CD-R, DVD+-R, Harddiscs, mp3 players, flashdiscs, CD Recorders, DVD Recorders, VCRs...
    still the MAFIAA keeps telling us we were criminals

    they even pay for TV spots that say "copy piracy is a crime"
    just to scare people (that don't know about their fair use right, which is a right here), away from making LEGAL copies... so that they don't legally give copies to their friends, so that their friends have to pay the full price...

    they even went so far to build prison-cell immitations in cinemas, the games convention and such - where you can test how it feels where you're going if you copy stuff.... (but they don't tell people about their fair use right of course)
    AND THEY'RE EVEN PROUD OF THIS GESTAPO MARKETING
    they glorify this on their homepage http://www.hartabergerecht.de/

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  34. Dear Sir/Madame... by Anonymous Coward · · Score: 1, Funny

    In light of the recent lopping off of one of our limbs, we hereby voluntarily agree to withhold one of our limbs from the battle, prefering instead to keep it in reserve as a statement of our good will. However, we still remain firm on our refusal to grant you unrestricted passage across this bridge that you claim to have recently purchased, and, furthermore, we demand that you refrain from lopping off our other limbs, as this would constitute a clear violation of the law.

    -- The Black Knight
    CEO, AACS Inc.

  35. Corrupted Discs by TypoNAM · · Score: 1

    I have bought around 40 DVDs over the past six years and I have a few DVDs which are simply have corrupted or bad spots on them that you cannot visually see, but when you play the disc when it gets to a particular spot or some spots it confuses the DVD player and causes it to freez or even crash on some software DVD players. One such DVD is K-19 (has several bad spots) and another one that I can remember at this time is Beetlejuice.

    I have always wondered if it were possible to get a new / fully working DVD disc replacement from the movie distributors since they claim we have only licensed it, and it is their fault that their product is basically defective and we should have the right to get a replacement by law you would think.

    --
    This space is not for rent.
  36. Fair use goes way Beyond Copying by Anonymous Coward · · Score: 5, Interesting

    This is not a concession, we always had this right. The DMCA created a catch 22 by making it illegal to decrypt the item in order to exercise this right. Now they want to make this a for pay privilege. What is worse, being able to copy once DOES NOT = fair use by any means. Fair use means being able to work with the content in any number of ways in addition to being able to copy it. For example, taking clips and making presentation for a class, copying the sound tracks and mixing them for you own entertainment, creating a parody, and editing out objectionable content.

    What they are trying to do is turn a fundamental right into much weakened for pay privilege so they can have control and power over it. They want is to have their cake and eat it to. It should not be up to them to determine what is and is not fair use is. Fair use should be any use that our populace finds to be on average fair to both the consumer and rights holder. Yep that is as nebulous as it sounds and it does change from time to time. That is what they have to accept living in a free society, not this managed copy crap MS is trying to use to keep their walking corpse moving.

    1. Re:Fair use goes way Beyond Copying by Anonymous Coward · · Score: 0

      Oh, yeah. I just realized after I posted this. Since this is an MS only technology, what about Linux users and Mac users? I am quite sure at best you might see a MS built pathetic Mac version but we all know, we will never see Linux version for obvious reasons. Keep that corpse alive MS.

    2. Re:Fair use goes way Beyond Copying by Anonymous Coward · · Score: 0

      Please use a better phrase than "have their cake and eat it to". The whole point of having a cake is to eat it.

  37. Slap in the face by oftencloudy · · Score: 0

    The idea is that the content companies could charge a premium according to how many copies are allowed
    The biggest problem here is the new pricing scheme they plan on coming up with. Charging us more for limited rights (we are already demanding be free) will have no positive effect on sales. congrats.
    --
    But whatever the object, you must keep him praying to it. To the thing he has made, not to the person that has made him.
  38. Pfft, you need to do it with style. by BlackCobra43 · · Score: 1

    Attach a little note that says "I know you could already eat (expletive), but now I'm being gracious and allowing you fair use - feel free to eat it and to share it with the rest of the office."

    --
    I never spellcheck and I freely admit it. Save your karma for more worthwhile "lol erorrs" replies
  39. Ooops by shoptroll · · Score: 1

    I should've read the entire nested thread before commenting. I feel dumb for posting (unknowingly) nearly the exact same things as the person above me.

    Anyone have a paper towel I can use to get this pie off my face?

    --
    Insert Sig Here
  40. Missing The Point by mpapet · · Score: 1

    Don't buy the content

    That's what I do now. But the point is not what you or I do. The point is how influential the media conglomerates are.

    Here's another way to get a sense of how pervasive the media conglomerates and their messages are: Try going one week without, watching any tv, going to any movie distributed by the media conglomerates, watching a movie _not_ distributed by a media conglomerates, playing a game that the media conglomerates have _not_ produced or funded, reading a magazine not owned or funded by a media conglomerate.

    The average American sniffs derisively at the notion that North Koreans have one media outlet. We may have more media, but the message is coordinated in a very similar fashion as in North Korea.

    One week. Try it... I dare you.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  41. Re: Sharks by andrewd18 · · Score: 2, Funny

    Well, simple until armies of law school trained sharks start trying to convince you otherwise.
    I had to forgo my rights! The frickin' law school sharks had frickin' laser beams attached to their heads!
  42. Oh no, more locked down by SuperKendall · · Score: 1

    You didn't think you could get a copy with as light a protection as the physical discs have, did you? After all, you can loan out a physical disc - not so with the "managed" copies.

    Managed copies are a crock and I have been saying since day 1 that people touting this ability as a "feature" of HD-DVD or Blu-Ray are fools.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  43. HD-DVD vs BlueRay == VHS vs BetaMax revisited by erroneus · · Score: 1

    You know, now that I think of it, the fact that there are these two standards fighting to win dominance and singular acceptance, there is one aspect of this that makes me a little optimistic.

    Since the SCOTUS ruled that copying for the purpose of changing format is legal, acceptable and protected use, this whole HD-DVD vs BlueRay thing will likely raise the same issues as the matter begins to come to a head.

    Now I know that it's not completely on topic since the offering is to sell you the right to copy at a higher price than the original. But ultimately, the format of the media is irrelevant and the "right to copy" isn't something the media producers isn't a right they have to remove from the consumer. They are at will to make it easier and charge more for it of course, which is what they are really doing.

    And here's a stupid question I'm sure. But has it been determined with finality that the DMCA has effectively overrides fair use such as that which allows copies for personal use? I mean after all, it's supposed to be illegal to kill another person, yet we have the right [in Texas] to kill an intruder in our homes. So the fact that the DMCA outlaws 'circumvention devices' should not be a means by which the DMCA should circumvent user rights. I'm guessing no such ruling has occured at this time since I haven't heard of one... but you know, I could have missed that somewhere.

  44. Who will ENFORCE the deal? by dpbsmith · · Score: 3, Interesting

    We've been here before.

    The Audio Home Recording Act of 1991 gave consumers the right to copy CDs as long as they were copied onto specially-encoded blank media ("Music CD-Rs" or "Audio CD-Rs") whose price included a fee paid to the music industry.

    I owned a home audio recorder (computerless CD copier) that fell within the scope of that act. I bought the prescribed media. It worked quite well for a number of years. It used a technical mechanism called SCCS which sounds very similar to this "managed copying." It allowed first-generation copies from original media, but would not copy the copies.

    Then the music publishers came out with copy-protected CDs. My home audio recorder would not copy these CDs. Basically, the SCCS mechanism cut in, insisting that the copy limit had already been reached and that further copying was prohibited.

    It was all well and good that the law gave me the right to copy them, and that I paid for every copy I ever made (in the form of the extra costs of the "music CD-Rs"). But there was basically no way I could take advantage of this right.

    I made numerous calls, send emails, and letters to the CD publisher (UMI) and the recorder vendor (TEAC) trying to resolve the issue. I was never able to get satisfaction, beyond returning the CD for a refund.

    It's the usual consumer problem. These guys were breaking the law, but it's awfully hard to stop a big company from cheating consumers if they only cheat each individual consumer by a small amount.

    What's to stop the DVD publishers from making this "managed copying" available for a while, then using technical means to renege on the terms a few years later?

    What's the good of a reasonably fair-sounding deal if David has no way to hold Goliath to the terms of the deal?

    1. Re:Who will ENFORCE the deal? by Anonymous Coward · · Score: 0

      Buy/Build a SCCS resetter ;)

    2. Re:Who will ENFORCE the deal? by TheGratefulNet · · Score: 1

      not SCCS. that's source control.

      you mean SCMS, maybe? aka 'scums'.

      hence the device name, years ago, called a 'scums stripper' that would remove SCMS from spdif audio streams. maybe they are also using SCMS to try to make 'copy none' 'copy once' and, well, that would be it, for them. there used to be 'copy infinite' but I bet that never went over well with the SCMS folks.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Who will ENFORCE the deal? by LionMage · · Score: 1

      It used a technical mechanism called SCCS which sounds very similar to this "managed copying."
      Close! The mechanism is actually called SCMS, which stands for "Serial Copy Management System." It is the same mechanism used in MiniDisc recorders, and the development of this system is what held up commercial DAT adoption in the United States... which is why today, the only DAT users are professionals and semi-pros.

      The obvious solution to your problem is to avoid using special-purpose music CD recording devices, and instead use your computer's CD-ROM drive to do the ripping. Then you can burn as many copies as you like, since computer CD drives totally ignore the "no copy" bit on CDs. SCMS never even comes into play with such systems.

      Yeah, some lawyers may argue that such use violates the spirit of the AHRA. Then again, the ability to "Rip-Mix-Burn" has been legally challenged, and found to be a non-infringing fair use in the United States. Some lawyers might claim that ignoring the "no copy" bit on CDs is a DMCA violation, but since computer CD-ROM drives were never obligated to pay attention to this bit (and since computer manufacturers are not obligated to adhere to the AHRA), it's hard to argue that SCMS is any kind of effective technological measure to prevent copying. It's only effective if you stay within the prescribed ecosystem of SCMS -- devices that are primarily designed for recording and playing back digital audio.

      What's to stop the DVD publishers from making this "managed copying" available for a while, then using technical means to renege on the terms a few years later?
      Absolutely nothing in practice. This is the same way that record labels get away with releasing "copy protected CDs" which don't technically adhere to the Red Book standard. Of course, the licensing authority does have the power to say "You can't sell this disc as XYZ unless it adheres strictly to this specification," and that actually has some force. But most consumers don't even pay attention to the stickers that say "This disc contains copy protection technology and may not play on all CD players," or something similar.

      Managed copy was a feature pushed by the device manufacturers and computer companies backing these next generation optical discs. (See this article for more info.) The movie studios never wanted managed copy, but IIRC, HP and some other players pushed the managed copy feature as part of the spec. HD-DVD had mandatory managed copy as a selling point vs. Blu-Ray initially, and the Blu-Ray camp responded by adding managed copy as an option to the Blu-Ray spec, but it's not mandatory, so studios get to pick which discs support it. (HP also tried to push the Blu-Ray group to include iHD, but they refused, since they're pushing BD-J.)

      As for who's actually implementing managed copy, that's a problem. Early adopters will discover that the first generation of Blu-Ray and HD-DVD players won't support managed copy at all, and won't be firmware upgradable to do it either. That's what happens when you let hardware manufacturers forge ahead without finalized specs.
  45. So, Pay a little extra ... by rben · · Score: 1

    ... and you get to exercise your constitutional rights to Fair Use.

    So, basically, if you are poor, we consider you a criminal and you don't deserve to have the constitutional rights due to everyone else.

    Two interesting ways of interpreting the scheme where you pay more in order to be allowed to do something that's legal anyway.

    As long as people keep buying no matter what these companies do, we'll continue to see our rights eroded away.

    --

    -All that is gold does not glitter - Tolkien
    www.ra

    1. Re:So, Pay a little extra ... by goaliemn · · Score: 1

      So, basically, if you are poor, we consider you a criminal and you don't deserve to have the constitutional rights due to everyone else.
      I'm gonna take a stab in the dark and assume most poor people won't be using alot of this higher end HD-DVD equipment to begin with. Remember, we aren't talking about the $5 bargin bin DVDs at wal-mart

    2. Re:So, Pay a little extra ... by Anonymous Coward · · Score: 0

      "most poor people won't be using alot of this higher end HD-DVD equipment to begin with"
      Obviously you haven't been to your local trailer-park lately. Welfare checks buy some damn nice big screen tvs and all the accessories to go with it. I mean really, what else are they going to spend that welfare check on, an education?! That would mean they would have to go to work and miss all their soap operas.

  46. I am by SydShamino · · Score: 1

    I'm not giving them my money until they've made it possible for me to exercise my rights.

    In my case, it's not copying I care about so much as ability to play on an HDTV with component video input, not HDMI.

    Any word on if this proposal would allow that?

    --
    It doesn't hurt to be nice.
  47. What Bogus BS by cyrusmack · · Score: 1

    Goddammit, I want recognition of my right to access information any fucking way I choose. Stop "granting me permission" to use *your* approved methods. Fuck you. People have the right to access data that they legally possess. Period. It's very simple to understand. http://www.bytesfree.org/wiki/index.php/RightsPape r

  48. How is this news? by nege · · Score: 1

    What? Huh?? Permission?? What are you guys talking about? I will make backups as I see fit, just like I always have with tapes, cds, dvds.... /rolls eyes at silly media companies

  49. Fair Use by xswl0931 · · Score: 1

    Fair use is a legal defense, not a right.

    1. Re:Fair Use by cpt+kangarooski · · Score: 1

      But making copies period is a right (free speech, free press) which is limited where copyright is involved, but not limited where it is not. Fair use is a limit to copyright; if a use is a fair use, then copyright doesn't apply to it. It's just structured in the nature of a defense for more procedural reasons than anything else. E.g. the user is in the best position to make the argument because he best knows the relevant circumstances.

      --
      -- 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.
  50. FYI: It's about Distribution by asphaltjesus · · Score: 1

    The media conglomerates are not obsolete. They own distribution to movies and music. Artists are the fodder for their sh_t pipe.

    Try getting your favorite non-label artist onto the airwaves or into Walmart sometime.

    This is why they got the fcc to kill internet radio. If they don't kill it outright, it's okay. They'll raise the barrier to entry so they can control that too.

    --
    Got Trader Joe's? friendwich.com RSS feeds work now!
    1. Re:FYI: It's about Distribution by jZnat · · Score: 1

      Who gives a shit about Walmart or FM when we've got the internet? Seriously, leave the 20th century behind already and join us in the 21st century. Joe Sixpack who still shops at Walmart and listens to FM can go fuck himself as he passively consumes whatever the corporate teat lactates. We can't effectively make progress when we're still stuck with the idiots and feel like we must cater to them.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  51. And copyright is... by Ahnteis · · Score: 1

    And copyright is a granted, temporary monopoly on distribution, not a right.

  52. Missing The Point by asphaltjesus · · Score: 1

    Today it's content you don't care about.

    Tomorrow, it will be content you used to care about.

    It has nothing to do with new ideas because there aren't any.

    --
    Got Trader Joe's? friendwich.com RSS feeds work now!
  53. "Soon"? by monxrtr · · Score: 1

    The statement sounds like Blu-Ray and HD DVD are massive successes, and this is a new "bonus" feature. People don't want corporate cameras or tracking technology in their homes. This is just a desperate *market* concession. My bet is DVD sales are well past peak, and this is just further gimick to get you to to buy The Matrix again. People don't have enough time for all the content that is out there as it is. Supply gets more and relatively infinite, and demand is limited by time.

    --
    "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  54. In one respect, this is good news by Anonymous Coward · · Score: 0

    It means the publishers are starting to feel a noticeable amount of heat on the subject of DRM provisions.

    The bad news is, this move will successfully defuse quite a lot of that heat. One of our simplest, most easily understood arguments was "we're not allowed to make backup copies of our own media". They're neutralizing that argument, or at least making it much harder to explain (which is the same thing).

  55. Huh? by Anonymous Coward · · Score: 0

    I don't understand. This is already legal. And there's even a tax for this that you pay when buying CD's and Tapes.
    Oh wait, not everyone of you is living in Sweden. Sorry about that, i shouldn't have used such general terms as "it is legal" etc. when in fact i only know that it's legal in Sweden.
    I wonder in what country these new laws will apply, the author didn't say.

    Mattias