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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.

36 of 188 comments (clear)

  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 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.
    4. 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
    5. 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.
  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 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
    2. 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.
  3. 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 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...

  4. 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.

  5. 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.

  6. 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.
  7. 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
  8. 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 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.

  9. 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.

  10. "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

  11. 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 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.
  12. 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 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.

  13. 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.

  14. 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.

  15. "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.

  16. 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.
  17. 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

  18. 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.

  19. 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.

  20. 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?

  21. 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