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MPAA Says Teachers Should Camcord For Fair Use

unlametheweak recommends an Ars Technica piece detailing the convoluted lengths to which the MPAA will go in order to keep anybody from ripping a DVD, ever. The organization showed a film to the US Copyright Office, in the triennial hearing to spell out exemptions to the DMCA, giving instructions for how a teacher could use a camcorder to record a low-quality clip of a DVD for educational use — even though such a purpose is solidly established in law as fair use. "Never mind that this solution results in video of questionable quality and requires teachers to learn even more tech in order to get the job done. It also requires schools (or, given the way most schools are run, the teachers themselves) to incur additional costs to purchase camcorders and videotapes if they don't have them already. Add in the extra time involved, and this 'solution' is a laughably convoluted alternative to simply ripping a clip from a DVD."

51 of 286 comments (clear)

  1. Camcorder? Yeah right. by eggman9713 · · Score: 5, Funny

    Nah, can't do that, teacher might use the camcorder to videotape students in the locker room.

  2. well that explains it... by grapeape · · Score: 5, Funny

    Now I know what that guy was doing behind me while I was watching Star Trek yesterday. He was just making a clip for fair use.

    1. Re:well that explains it... by BobSixtyFour · · Score: 5, Interesting

      I wish I had an awesome teacher like that. Going into the movie theater in the name of education to capture a clip in the discussion about:

      "the use of special effects in modern star trek movie VS the original movies."

      That and a > 9000 word essay.

    2. Re:well that explains it... by WebScud · · Score: 5, Informative

      In a senior year class we actually used the leaked direct feed bootleg of Episode II to compare the CG to original trilogy and discuss the evolution of technology in film.

  3. This just in: by Anonymous Coward · · Score: 5, Funny

    According to the MPAA, it is a-okay to use a camcorder to record a movie!

    1. Re:This just in: by mysidia · · Score: 3, Informative

      As long as you own the DVD, and you're using only a short piss-poor-quality recording solely for classroom purposes.

    2. Re:This just in: by peragrin · · Score: 3, Informative

      You do realize that is because of blue-ray right? The Vista DRM is necessary in order to comply with the blue ray specs and HDCP which requires end to end Drive to display hardware/software copy protection.

      That is why i am glad apple and linux doesn't have blue ray in there stuff. Teachers should be able to use clips of dvd's and other media for teaching. DRM is preventing that.

      --
      i thought once I was found, but it was only a dream.
    3. Re:This just in: by master811 · · Score: 3, Insightful

      No, Vista/7 will only stop you from doing that with DRM'd stuff, (which if you didn't have Vista you wouldn't be able to watch anyway), so it's a complete non-issue.

  4. Kind of like... by NotQuiteReal · · Score: 5, Funny

    requiring you to defend yourself from a wild boar with a knife, even if you have a gun, just because it is not legal to have a gun where you live. (Even if you don't happen to have a knife.)

    BTW, like the MPAA, wild boars are vicious.

    --
    This issue is a bit more complicated than you think.
    1. Re:Kind of like... by Sique · · Score: 3, Funny

      As someone who lives in a region with many wild boars, I have to say:

      If you ever manage to behave that badly that a wild boar feels enclined to attack you, I would trust you neither with a knife able to kill a boar, nor with a gun.

      --
      .sig: Sique *sigh*
    2. Re:Kind of like... by Fred_A · · Score: 4, Funny

      We only use knifes when we take dogs. Its pretty easy to kill a boar with a knife, and I have never been "tusked" badly. Its also cheaper. When my Dad was hunting they used their fists.

      Boars have fists in your area ? Where are you hunting, Tchernobyl ?

      --

      May contain traces of nut.
      Made from the freshest electrons.
    3. Re:Kind of like... by Erikderzweite · · Score: 3, Funny

      >Boars have fists in your area ? Where are you hunting, Tchernobyl ?

      Wall Street.

    4. Re:Kind of like... by cheftw · · Score: 5, Funny

      There are several varieties of "wild boar" (at least in N. America). Some are viscous...

      God help us all

      --
      Always back up, never back down. ---- Think you're cool 'cos your uid is prime? Take mine, modulo the one digit integers
  5. Photocopying by basementman · · Score: 4, Funny

    Given the technology skills most my teachers have had I can see them trying to put the dvd inside a photocopier and hoping for the best. Your average teacher couldn't rip a DVD, and why bother when you can just get any notable clip you want off youtube. Go fight with Google MPAA.

    1. Re:Photocopying by lostguru · · Score: 3, Informative

      Putting aside the fact that almost every teacher I have or have had in highschool with the exception of a few have been able to rip video clips off dvds, and the ones who couldn't would simply have student who was bright enough do it for them. Most schools/districts these days block youtube as well as facebook, myspace, etc, for reasons unknown as it seems to only serve the purpose of annoying teachers and students. Wonderful fun, our district also chooses to block many useful linux/programming sites as they could be used for hacking. SSH tunnels work for bypassing, but only if you're smart enough to get one set up.

      --
      Jayne: "These are stone killers, little man. They ain't cuddly like me."
      98% of America's teens drink alcohol, smok
    2. Re:Photocopying by honkycat · · Score: 4, Insightful

      People will always be able to rip DVDs. It doesn't matter if the law allows the circumvention or not, it's a cracked technology.

      However, if the law DOES allow it, that opens the door for legitimate businesses to manufacture and sell tools to make it easy for educators to copy clips. That's one of the reasons why it's so important that it be legal.

    3. Re:Photocopying by DeadChobi · · Score: 3, Informative

      I disagree with your assertion that Youtube videos can't be educationally relevant. Try getting the equipment to actually have students go outside and observe the sun in a high school. Then try checking out these clips:

      http://www.youtube.com/watch?v=rB7W385a-tM
      http://www.youtube.com/watch?v=NbGD_9aPTK0&feature=related
      http://www.youtube.com/watch?v=gwn_Y3990wQ&feature=related

      And I defy you to find a school where their library is as well-stocked with information on diverse subjects as the internet. Most school libraries have vast sections of Juvenille literature, and are so small that the Dewey Decimal system is still relevant and useful to them. The librarian is more likely to point the students to the internet, because the source material one can get from a good google search or series of searches is far more timely, more likely to be relevant, and much quicker to access.

      I really think you actually need to do some research about the educational uses of the Internet before spouting off the opinion that video is a pointless time-waster and that books are the only real source of useful information.

      --
      SRSLY.
  6. For starters by DarkNinja75 · · Score: 5, Interesting

    It might help if we didn't call it "ripping."

  7. The MPAA went on to say that by SirLurksAlot · · Score: 5, Funny

    Teachers may also make partial copies of a CD for education purposes by recording to a vinyl record and playing it back on a phonograph.

    --
    God, schmod. I want my monkey man!
    1. Re:The MPAA went on to say that by unlametheweak · · Score: 5, Insightful

      Teachers may also make partial copies of a CD for education purposes by recording to a vinyl record and playing it back on a phonograph.

      It appears that part of the rationale behind the MPAA doing this is:
      1) To keep any copies (copied fair-use clips, no less) of marginal quality so as to increase the (theoretical) value of an actual DVD. Dubious logic here, if that is part of the reasoning. If that were the case they could more logically argue to keep low quality copies (in general) of MPAA IP legal for educational purposes, no matter how it is derived (from ripping software or through cam-cording).
      2) Try and prevent the spread of DVD-circumvention devices. Dubious logic again since it would probably be more efficient to by an extra DVD (or use the original if possible) and just bookmark the appropriate scenes for classroom viewing rather than to buy blank tape and maintain video equipment. Of course you can't un-invent DeCSS, nor can the MPAA go back in time and assassinate DVD Jon or people like him, so trying to stop DVD copying is fruitless and will only punish people and hinder schools, etc from making back-ups, fair-use clips, etc. The logic here is as senseless as the people who want to fight the War on Drugs.
      3) They've already argued against cam-cording in non-educational settings (like movie-theaters), so it seems like they just have too much time and money on there hands and just want to be difficult. These are people who have power, and want to get as much out of it as they can. They seem to be enjoying themselves. My two cents here.

    2. Re:The MPAA went on to say that by soundguy · · Score: 5, Informative

      You are either trolling or seriously retarded.

      Standard audio cassette tape travels at 1 7/8 ips (inches of tape per second past the heads) and is complete and total SHIT. No amount of DBS/Dolby "magic" and expensive playback electronics can fix that. Audio cassettes have the lowest fidelity of any analog format in history and only the mega-stoned could tolerate listening to them. 8-tracks ran at 3 3/4 ips. Twice as fast. That means twice the headroom, twice the high frequency information, and half the tape noise. Consumer reel-to-reel ran at 3 3/4 and 7 1/2 ips for another doubling of quality. Semi-pro machines ran at 7 1/2 and 15 ips. Pro machines ran at 15 and 30 ips. (at $200 per reel for 2" multitrack tape, studios didn't run at 30ips much, usually just for jazz and classical)

      The number of heads above 3 had fuck-all to do with anything. Having separate heads for playback, recording, and erase allowed the magnetic gap to be optimized for a single task. Cassettes were 2-sided and expensive decks often had more heads but only so you didn't have to flip the tape or move the heads to play the other side. It was still a $100 saddle on a $10 horse.

      Cassette tape is so insanely inferior to vinyl that I won't even dignify your comparison by responding. I'm guessing your only experience with a turntable involved mangled children's records on a battery-operated "record player" adorned with Disney characters.

      --
      Nothing worthwhile ever happens before noon
  8. In related news by InsertWittyNameHere · · Score: 5, Funny

    ThePirateBay.org registers the domain TheTeacherBay.org

  9. MPAA Graciousness and Generosity by eyepeepackets · · Score: 4, Funny

    One would expect the MPAA to suggest teachers use pantomime since this would please both themselves and the RIAA.

    --
    Everything in the Universe sucks: It's the law!
    1. Re:MPAA Graciousness and Generosity by JustOK · · Score: 5, Funny

      They're not going to say anything.

      --
      rewriting history since 2109
  10. Good! by mister_playboy · · Score: 4, Insightful

    I'm glad for ridiculous crap like this, because the more groups that end up on the target list of the MAFIAA's tactics, the sooner something will be done to redress the abuses of our society and our freedoms they have perpetuated in the name of copyright.

    People apparently have to feel the heat themselves in order to see the wrong in the MAFIAA's ways.

    --
    Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    1. Re:Good! by Mr.+Freeman · · Score: 3, Funny

      First you start out stealing songs, then you're robbing liquor stores, and selling crack, and running over school kids with your carrrrrrrrr.....

      So don't download this song... </wierd al>

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
  11. It doesn't matter what the MPAA says by pwizard2 · · Score: 4, Insightful

    Talk is cheap. How are they going to back it up? It's not like they can walk onto school grounds and force teachers to abide by this arbitrary policy that has no legal weight whatsoever.

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    1. Re:It doesn't matter what the MPAA says by pwizard2 · · Score: 5, Insightful

      Sorry about double-posting, but I just remembered something else: how would the teacher's union react to this? I'm not very fond of unions, but this time it would be a good thing to have on our side. The teachers union holds quite a bit of clout in government and they probably wouldn't put up with BS like this. Their argument would probably be something along the lines of that teachers are [rightfully] too busy to waste their time recording movies with a camcorder just to please the movie industry. The MPAA would probably back down even if they got their way and then had to take on the unions.

      --
      "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    2. Re:It doesn't matter what the MPAA says by techno-vampire · · Score: 4, Insightful

      Actually, I suspect that their argument would be far simpler: current American copyright law contains a specific exemption for limited copying for educational purposes. The MPAA can complain all it wants, but the law is on our side.

      --
      Good, inexpensive web hosting
    3. Re:It doesn't matter what the MPAA says by supernova_hq · · Score: 3, Insightful

      For now...

    4. Re:It doesn't matter what the MPAA says by twidarkling · · Score: 5, Insightful

      Actually, it's the DMCA that's the issue, not Fair Use.

      --
      Canada: The US's more awesome sibling.
  12. Ridiculous, but somewhat scary. . . by MistaE · · Score: 5, Informative

    I was one of the few people that had the pleasure (or the displeasure) of being at the Library of Congress DMCA hearing room when the MPAA made this ridiculous argument. Suffice to say, I was completely shocked, flabbergasted, and just plain insulted that educators would truly be expected to do something like this in their bizarro world. Nevermind the fact that you would need an HDTV, HD Camcorder, Tripod, good lighting, and tons of time on your hands to manually create compilation clips with your camcorder (as if educators had any free time as it is).

    I couldn't tell if the Copyright bigwigs that heard the argument were actually taking it seriously, but I sincerely hope that any appearance of sincerity was simply there for the sake of keeping respect for the hearings.

    The one thing that I learned at the hearing was that you have to be fucking crazy in order to be a lawyer on their side. Even I (a soon to be unemployed law school graduate) didn't think that I could make this argument with a straight face even for tons of money.

    1. Re:Ridiculous, but somewhat scary. . . by Anonymous Coward · · Score: 5, Funny

      Even I (a soon to be unemployed law school graduate) didn't think that I could make this argument with a straight face even for tons of money.

      Don't worry, you'll learn.

  13. How much longer? by OrangeTide · · Score: 4, Interesting

    How much longer before the MPAA becomes irrelevant and we can just ignore their antics?

    --
    “Common sense is not so common.” — Voltaire
  14. Re:Ripping a DVD by roesti · · Score: 4, Insightful

    Of course, you could just describe it as "to increase the cost of a teacher playing a DVD in a classroom for legally-permitted educational purposes" and get straight to the point...

  15. I can't wait by Moleculo · · Score: 5, Funny

    until Star.Trek.(2009).Mr.BeRNaRD.3rdPeRIod.SoCiALSTudiES.avi hits the scene.

  16. Re:not surprised. by Aerynvala · · Score: 3, Funny

    Or costs quite as much to get rid of.

    --
    http://transformativeworks.org/
  17. Re:Ripping a DVD by fuzzyfuzzyfungus · · Score: 4, Informative

    Strictly speaking, at least in the US, there is a significant difference between a "rip" and a "backup". By "rip" it is almost always meant a video file produced by breaking CSS and re-encoding the contents of the DVD. That would fall foul of the DMCA(which sucks; but it is pretty clear).

    A "backup" would just be a copy, bit-for-bit of the DVD, which the MPAA and friends obviously don't want you to make, and you would probably get in trouble for distributing; but in no way violates the DMCA. (incidentally, this part is why DVD piracy started well before CSS was broken. Since anybody with a DVD player can decode CSS crippled disks, a pirate simply has to clone the disk, not break the crypto)

  18. Actually that would be an awesome consequence by SuperKendall · · Score: 4, Interesting

    If only someone would propose a bill that would allow camcording in theaters for editorial use, pointing to the example the media companies gave as evidence for the necessity of the inclusion...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  19. Or, better yet by HangingChad · · Score: 4, Insightful

    Teachers could carve each frame into a clay tablet and let it dry in the sun. Then mount the clay tablets on big wooden wheel and spin it real fast.

    Time to put an end to chucklehead organizations like the MPAA, BSA and RIAA. Companies are trying to be heavy-handed with their customers while letting some vaporous organization take the heat for their dickish behavior. Implement joint and several liability on the member companies for the actions of their enforcement organizations and this silly business will end overnight.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  20. Ha by rpillala · · Score: 3, Funny

    If NEA is as powerful as many around here think it is, the recording industry is going down.

    --
    When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
  21. Re:Ripping a DVD by whoever57 · · Score: 4, Informative

    A "backup" would just be a copy, bit-for-bit of the DVD, which the MPAA and friends obviously don't want you to make, and you would probably get in trouble for distributing; but in no way violates the DMCA. (incidentally, this part is why DVD piracy started well before CSS was broken. Since anybody with a DVD player can decode CSS crippled disks, a pirate simply has to clone the disk, not break the crypto)

    Except that currently available DVD burners don't burn the part of the disk where the keys are stored, so the (encrypted) backup won't play in a DVD player.

    --
    The real "Libtards" are the Libertarians!
  22. Not any time soon by siloko · · Score: 3, Interesting

    Haven't we been saying this for, like, ten years. The fact that an increasing number of consumers are becoming aware of said tactics doesn't seem to have:

    a) impacted on those tactics

    b) changed legislative backing for the MPAA

    c) reduced political complicity in the whole sorry affair

    Sure it will change eventually, but soon?

  23. I don't know if this relates... by earlymon · · Score: 4, Informative

    If you watch the History channels very, very early in the morning, you'll find that they run a show with less/no commercials to make room before the top of the hour. During that time, they have a History Classroom or something show (seriously - that's not my best time of day, so I apologize for inaccuracies).

    One thing I noticed - there's a screen that gives instructions to teachers that they have to delete any video recordings they've made of the show after a certain date - I recall, sleepily - that it's within a year or something.

    Now - how does history go stale in a year?

    I did a lot of digging to find the food chain on this one... History is the Classroom ties into Cable in the Classroom. Here's what they have to say:

    http://www.history.com/global/feedback/faq.jsp?NetwCode=THC&level_1=nodes_54224&level_2=nodes_54240&level_3=nodes_54297&x=35&y=11
    http://www.ciconline.org/faq#Copyright
    http://www.ciconline.org/copyright
    http://www.education-world.com/a_curr/curr280.shtml

    Now, color me naive - but that's the beginning of the foodchain for a teacher to BEGIN to simply videotape something related to history of educational value to show to their students. I quote - and I am not making this up:

    What's an educator to do? Read Education World's five-part series on copyright, fair use, and new technologies, that's what! We did the work so you wouldn't have to!
    http://www.education-world.com/a_curr/curr280a.shtml
    http://www.education-world.com/a_curr/curr280b.shtml
    http://www.education-world.com/a_curr/curr280c.shtml
    http://www.education-world.com/a_curr/curr280d.shtml
    http://www.education-world.com/a_curr/curr280e.shtml

    In an age where our test scores show we're failing, with teachers overburdened like never before - related to a show that a kid can just watch at home without encumbrances (should his/her parents **be there** for the kid with this kind of info) - note what the teacher has to go through.

    As opposed to just taping it and working it into the lesson plan - because it comes from a place called the History Channel - tied to Cable in the Classroom - where "cable" is that thing usually subsidized by local communities as a near utility.

    Thanks, copyright eagles. Thanks a lot.

    --
    Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
  24. The MPAA is right by Legion303 · · Score: 4, Funny

    We can't have teachers ripping DVD-quality clips all willy-nilly. Why, if someone got ahold of enough teachers, he could put all their clips together and re-create the original movie! In digital DVD quality! You pirates will surely roast in hell for even considering it.

  25. Re:Wait, what? by J.Y.Kelly · · Score: 4, Insightful

    Can't they just as well play the DVD???

    I suggest you try playing a 20 second clip from the middle of a commercial DVD sometime to see how practical it is. Thanks to the inclusion of unskippable logos, trailers and informative films telling you how downloading music is stealing and makes you a criminal, it takes forever to actually get to the content. Whoever came up with the idea of locking DVD player controls should be made to try to start up Toy Story for an audience of 100 impatient toddlers and see how good an idea it seems then.

    We could insist that all educational DVD players don't implement these controls, but then that would break the DMCA and we're back to square one.

  26. Re:"ripping", the word is visceral, "copy" is not by Achromatic1978 · · Score: 5, Funny

    'jena se qua'

    Who is that, a French porn star? The phrase you are looking for is je ne sais quoi.

  27. Uh-oh by 93+Escort+Wagon · · Score: 3, Interesting

    I just finished ripping my somewhat meager DVD collection (~ 100 titles) to disk. Guess I should start over and use a camcorder this time around...

    On a more serious note - this really is getting absurd. Even with good care DVDs get scratched. I had to run a couple of mine through a Skip Doctor before they'd play without errors (as an aside: that's a pretty nifty device). But frankly the "backing up" aspect of all this is secondary - I'm ripping my DVDs because it's a heck of a lot more convenient to manage my library of purchased DVDs this way. Now I can take advantage of some great free software (pyTivo, streambaby) and watch whichever one I want using my Tivo remote - no more digging through the DVD rack looking for one particular movie.

    There's just no way I'm going to let these dinosaurs tell me what I can and can't do with my own stuff.

    --
    #DeleteChrome
  28. Re:Wait, what? by darthyoshiboy · · Score: 3, Informative

    mplayer dvd://1 -ss 1090 -endpos 20

    Seems to work well enough.

    Sorry LainTouko, still breaking the DMCA with that one so you might as well have an exception to the DMCA. (Much like they are trying to do.)
    Command line mplayer is probably beyond your average 7th period drama teacher as well.

  29. Works for me! by mmell · · Score: 3, Funny
    I downloaded a copy of Star Wars, Episode III several years ago - I'm pretty sure it was made by this method.

    Okay, I'm pretty sure a movie theater screen was involved, rather than a television set, but the basic mechanism is essentially the same.

    I was only pursuing an education, honest! It's not fair - Obi-Wan trained Anakin Skywalker, but he wouldn't train me. I have to get my force training somewhere, don't I?

  30. It's an acronym by Anonymous Coward · · Score: 3, Funny

    Viruses, Infections, Spyware, Trojans, Adware