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Judge Rules Against RealDVD

mattOzan writes "Judge Marilyn Hall Patel was unswayed by RealNetworks' defense of their product under the Fair Use Doctrine, as she declared RealDVD illegal and barred its distribution. As she said in her ruling, 'So while it may well be fair use for an individual consumer to store a backup copy of a personally owned DVD on that individual's computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies.' She also said RealNetworks was aware of the conflict between their agreement and their plans for the software: 'Real did not elect to return (or destroy, with appropriate certification) the CSS General Specifications after it received them, as Real had a right to do under the agreement... This behavior indicates that Real understood it to be bound by the CSS General Specifications as well as the other technical specifications received after execution of the CSS License Agreement.'"

407 comments

  1. Double edged sword on this one by old_skul · · Score: 4, Insightful

    While I hate RealNetworks and all it stands for, and will never forgive them for taking over online media with their crappy bloated players and codecs....I think I hate the movie industry just a little more. Especially Sony Pictures. I think the net effect (as usual) is that this sucks for consumers.

    1. Re:Double edged sword on this one by Anonymous Coward · · Score: 0

      Ditto!

    2. Re:Double edged sword on this one by neowolf · · Score: 4, Insightful

      Agreed. I hate RealNetworks too for the same reasons, but I was hoping they would win this. Consumers have lost a big one here...

      It's sad really- DRM and things like this make me think twice (or more) before going to the movie theater or buying a DVD. I don't want to support companies like Sony anymore. If I go on a business trip- I want to be able to watch movies I PAID for on my laptop, without having to use the costly (battery-wise) DVD drive or carry bulky DVDs. I also now want to watch movies on my netbook- which doesn't have a DVD drive at all. In any case- I am talking about DVDs that I PAID for!

      This really has nothing to do with piracy- it is pure greed on the part of a handful of media companies. They aren't content with you paying once or twice to watch a movie (in theater and on DVD). The want you to pay 3 or more times for the SAME movie, just to get it in different formats you should be able to do yourself- DVD, Blu-Ray, Digital, Online.

      Want another example of their greed in action- check out the recent news about how they are applying the screws to Red Box. At least I have to give Sony credit for negotiating with them, while the others refuse. I'm sure Red Box got screwed somehow in the deal anyway, but at least they can still rent out Sony's releases.

    3. Re:Double edged sword on this one by schon · · Score: 4, Insightful

      This really has nothing to do with piracy- it is pure greed on the part of a handful of media companies. They aren't content with you paying once or twice to watch a movie (in theater and on DVD). The want you to pay 3 or more times for the SAME movie

      It's more than that - the anti-circumvention provision of the DMCA are expressly designed to eliminate fair use (as we see here) and "work around" the copyright expiration clause of the US Constitution.

      Think about it - barring any more copyright extension, all of your DVDs will become public domain in 100 years or so... so you would be free to copy them, except that you're prohibited from owning or creating anything that actually could copy them.

    4. Re:Double edged sword on this one by DragonWriter · · Score: 1

      It's more than that - the anti-circumvention provision of the DMCA are expressly designed to eliminate fair use (as we see here) and "work around" the copyright expiration clause of the US Constitution.

      The "limited term" provision of the US Constitution with regard to copyrights is a dead letter, anyway, since the Supreme Court has okayed unlimited, retrospective increases to copyright terms, so long as there is a fixed term of years applied when the increase is implemented. So using the DMCA to circumvent it is superfluous.

    5. Re:Double edged sword on this one by dangitman · · Score: 1

      If I go on a business trip- I want to be able to watch movies I PAID for on my laptop, without having to use the costly (battery-wise) DVD drive or carry bulky DVDs. I also now want to watch movies on my netbook- which doesn't have a DVD drive at all. In any case- I am talking about DVDs that I PAID for!

      Why do you have to decrypt the CSS to do that? Just create a disk image on your hard drive without removing the CSS. It will work fine.

      --
      ... and then they built the supercollider.
  2. Real has really bad management by Anonymous Coward · · Score: 0

    I never understood the business rationale for this product, much less defending an expensive lawsuit. If we've learned anything over the last twenty years of the 'net, it's that "free" is a really hard price to compete with. It was one thing several years ago when ripping software was harder to find or use, but the market for DVD ripping software is now absolutely saturated with user-friendly programs that you can find and download in seconds for nothing. Why exactly did Real think they could compete with that?

    1. Re:Real has really bad management by mcgrew · · Score: 1

      If we've learned anything over the last twenty years of the 'net, it's that "free" is a really hard price to compete with.

      The answer is to NOT compete with "free", to accept that like many times in the past, technology has obsoleted products and businesses and business practices. Cory Doctorow has no problem getting on the NYT best seller list despite the fact that you can download his books for free from his web site, and check them out for free at the library. In fact, the "free as in beer" aspect is what got him on that list in the first place! Rather than trying to compete with "free" and trying to stifle "free", he uses it to his advantage.

      The rich fat cats are stupid, like the monkey who puts his hand in a jar for a treat and gets trapped, because he's unwilling to unclench his fist.

      What's going to happen when real, hard goods like washing machines and toasters can be duplicated effortlessly? It could be a golden age, but the fat cats will fight it for all it's worth.

  3. BitTorrent, the legal way of getting backup copies by Shin-LaC · · Score: 5, Interesting

    If it's legal to store backup copies of your discs, but you can't legally buy a tool to make them, it seems that the only way to exercise your fair use rights is to download backup copies from BitTorrent and similar services.

  4. Thanks DMCA and WIPO! by elrous0 · · Score: 5, Insightful

    So it's perfectly legal for customers to make their own backup copies of media, just as long as it's impossible for them to do. God, I love modern IP law!

    Well, I guess everyone could go get a programming degree and write their own copying software. Or we could just break the law (since the law at this point has turned almost 100% of the citizens of the world into lawbreakers already, in one form or another).

    And before any of you jump in to point out that the DMCA is just a U.S. thing, you had better keep in mind that the DMCA is just the U.S. implementation of the WIPO COpyright Treaty, so these types of court cases are probably in the pipeline for your country soon too!

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Thanks DMCA and WIPO! by Anonymous Coward · · Score: 2, Insightful

      Who says that any law has to be fair or just?

      All laws are the result of compromise among the concerned parties favoring the party that has the most influence - whether it's money (big corps) or a very vocal group (religious conservatives).

    2. Re:Thanks DMCA and WIPO! by wbren · · Score: 1

      So it's perfectly legal for customers to make their own backup copies of media...

      That is not quite what the judge is saying. "it may well be legal" != "it is legal"

      --
      -William Brendel
    3. Re:Thanks DMCA and WIPO! by Ciarang · · Score: 2, Insightful

      Well, I guess everyone could go get a programming degree and write their own copying software.

      It's much simpler than that. Just don't buy the pesky things in the first place.

    4. Re:Thanks DMCA and WIPO! by Anonymous Coward · · Score: 0

      "And before any of you jump in to point out that the DMCA is just a U.S. thing, you had better keep in mind that the DMCA is just the U.S. implementation of the WIPO COpyright Treaty [wikipedia.org], so these types of court cases are probably in the pipeline for your country soon too!"

      Your prediction is 100% correct.

      At the last attempt at copyright reform in Canada (Bill C-60 last year), the government proposed specifically giving consumers the right to make backups of DVDs or transfer video or audio to other media devices (format conversion), while simultaneously bringing in WIPO-compliant DMCA-like provisions that would have made circumvention of CSS copy protection on those DVDs illegal, and made development or sale of any tools to do so illegal. When reporters and others brought up the pointlessness of bringing in "new rights" that were impossible to legally exercise, the minister of the day had a tough time offering a rational explanation.

      Fortunately, the combination of that level of stupidity, the resulting public outrage, and the minority government situation led to the bill dying a quiet death. And, now that the minister in question has been replaced, there are ongoing public consultations to help prepare a new bill (last time there no real consultation). It seems to have finally sunk in that they made fools of themselves and that the the public isn't going to let the government get away with only listening to the media lobby. Maybe they'll propose something sane this time.

      Canada is lucky that the U.S. took the lead on this stuff. I really appreciate the crap that people in the U.S. have to go through. It means Canada and other countries benefit from being able to cite many U.S. examples of the problems the DMCA created (my favorite are the lawsuits over 3rd-party printer cartridges and garage door openers). These laws have terrible implications for both consumer rights and for maintaining competition in industry. What the U.S. needs to do is amend the law so that you don't have the stupidity of having fair use rights, but not being able to (legally) exercise them the moment someone applies some copy protection. The DMCA puts *way* too much power in the hands of copyright holders. The court case in the article makes that clear -- perhaps the ruling is legally correct, but if so, it shows that the law needs to change.

    5. Re:Thanks DMCA and WIPO! by Anonymous Coward · · Score: 0

      the law at this point has turned almost 100% of the citizens of the world into lawbreakers

      Not in the entire world, just in the U.S.
      It's still legal to use such products in E.U.

    6. Re:Thanks DMCA and WIPO! by Anonymous Coward · · Score: 0

      The declaration of independence says so: What happened to "people" in "We the People". Has that turned into "We the Corporation" ???

    7. Re:Thanks DMCA and WIPO! by skynexus · · Score: 1

      And before any of you jump in to point out that the DMCA is just a U.S. thing, you had better keep in mind that the DMCA is just the U.S. implementation of the WIPO COpyright Treaty [wikipedia.org], so these types of court cases are probably in the pipeline for your country soon too!

      Yes, but it is a lousy implementation of the WIPO Copyright Treaty. There were other competing legislation, and considering that U.S. law already complied with the entire treaty with the exception of one provision, I think it is fairly safe to say the DMCA goes far beyond being a mere implementation. The DMCA law dramatically expanded the scope of copyright law, conflicting with the first sale doctrine by granting copyright owners the power to dictate audience behavior, and going ridiculously far beyond copyright protection by giving owners the power to control access to intellectual property, whether a violation exists or not. You can read more about it in Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. Â 1201 As A Criminal Law by Jason M. Schultz. There is also a nice summary taken from a paper by Pamela Samuelson, Why the Anti-Circumvention Regulations Need to be Revised.

    8. Re:Thanks DMCA and WIPO! by Anonymous Coward · · Score: 0

      Writing your own copying software is not an option either if you are trying to do it legally. You must license CSS before you can use it. You must agree to not allow copying before you can get a CSS license.

    9. Re:Thanks DMCA and WIPO! by Requiem18th · · Score: 1

      Exactly my thoughts, you have a right but exercising that right is illegal.
      Doesn't that just simply makes the law void?
      It's like the law just divided by zero.

      --
      But... the future refused to change.
    10. Re:Thanks DMCA and WIPO! by the_bard17 · · Score: 1

      Since they started using "just" to spell "justice system."

    11. Re:Thanks DMCA and WIPO! by elrous0 · · Score: 2, Insightful

      What the U.S. needs to do is amend the law so that you don't have the stupidity of having fair use rights, but not being able to (legally) exercise them the moment someone applies some copy protection.

      Fat chance of that when our only two political parties both support a heavy-handed stance on IP law. One party (Democrats) is beholden to Hollywood, and so they support tough IP laws. The other party (Republicans) and beholden to big business so THEY support tough IP laws too. Basically, consumers and normal citizens (those of us without lobbying money) get absolutely *NO* say in this "democracy."

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    12. Re:Thanks DMCA and WIPO! by dangitman · · Score: 1

      So it's perfectly legal for customers to make their own backup copies of media, just as long as it's impossible for them to do. God, I love modern IP law!

      Except, of course, that it isn't. It's perfectly feasible to create backups of your discs, you just aren't allowed to remove the CSS.

      --
      ... and then they built the supercollider.
    13. Re:Thanks DMCA and WIPO! by mjwx · · Score: 1

      you had better keep in mind that the DMCA is just the U.S. implementation of the WIPO COpyright Treaty,

      Indonesia signed the WIPO treaty in 2002. I can still go to Bali and find pirated DVD's on every street corner.

      The treaties effectiveness is only as good as the nation that enforces it. I'm hoping that something bad happens to the US in short order so other western governments get hit with a clue brick and start being scared again. Fortunately here in Australia our courts are divorced from politics so we don't have as many stupid and politically motivated rulings.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    14. Re:Thanks DMCA and WIPO! by elrous0 · · Score: 1

      Are you joking, or is that even POSSIBLE?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  5. Repeal the DMCA! by FlyingBishop · · Score: 5, Insightful

    It's an affront to fair use. The courts however, have acted in the obviously correct manner. The DMCA is very clear, and leaves no wiggle room. It was designed very carefully to ensure it would prevent people from using any unauthorized software with DVDs.

    Fortunately, this does not yet affect my ability to read DVDs under Linux.

    1. Re:Repeal the DMCA! by KingSkippus · · Score: 4, Insightful

      The courts however, have acted in the obviously correct manner.

      As I understand it, no, it's not so obvious. It seems to me that what we have are two laws that are coming into direct conflict with each other. One says that you can do something, and one says you can't. The issue at hand, the thing that these court cases are supposed to be settling, is which one has priority.

      Unfortunately, it sounds to me like the courts are siding with the MPAA, that protection of content is more important than fair use. It's a shame, really. I'm not sure that the judge understands that this is about more than just Real trying to sell a product, it's about upholding fair use laws that protect the "little guy" from an oppressive industry.

      Once fair use laws are precedented out of existence, what's next? Will copyright law (which, let's not kid ourselves, is what the DMCA is just a front for) override our right to make a parody of something? Our right to tell our buddies who won the football game last night? How long until the industry decides that the whole pesky free speech and freedom of expression things are encroaching upon their profits and must be overturned as well?

    2. Re:Repeal the DMCA! by poetmatt · · Score: 1

      Uh, DMCA has problems, but I highly doubt that a: congresscritters will repeal it or b: you want section 230 to be gone, so throwing DMCA out the door isn't going to help that as much as it would solve some problems.

      so let's think this through: the proper answer is, lets fix this thing up and get rid of the ridiculous anti-circumvention portions.

    3. Re:Repeal the DMCA! by Anonymous Coward · · Score: 0

      Err... no.

      Fair use does not exist as a "right" which must be protected (speaking "is", not "ought" - I'd love to see this changed). Copyright law says that using it these ways without a license does not constitute a violation of copyright. This has no bearing whatsoever on whether the actions of other individuals violate other parts of the statute. The judge's ruling was correct.

    4. Re:Repeal the DMCA! by mark-t · · Score: 1

      Fortunately, this does not yet affect my ability to read DVDs under Linux.

      Wait.

    5. Re:Repeal the DMCA! by arth1 · · Score: 1

      The courts however, have acted in the obviously correct manner. The DMCA is very clear, and leaves no wiggle room.

      It is up to the courts to interpret the laws made by congress. And part of that interpretion includes the ability, nay, duty to strike down laws when two or more of them are in conflict. Either declare that the DMCA supersedes and (in US legal terminology) moots various property laws, first sale doctrines and earlier data laws, or strike down the DMCA.

    6. Re:Repeal the DMCA! by nomadic · · Score: 2, Informative

      As I understand it, no, it's not so obvious. It seems to me that what we have are two laws that are coming into direct conflict with each other. One says that you can do something, and one says you can't. The issue at hand, the thing that these court cases are supposed to be settling, is which one has priority.

      No, the courts don't have any discretion in deciding which law has priority; it is well settled that when two laws conflict, the later one controls.

    7. Re:Repeal the DMCA! by bendodge · · Score: 1

      Section 230 of the Communications Decency Act is a safe harbor provision for providers of an interactive computer service. The DMCA does not even contain a Section 230.

      --
      The government can't save you.
    8. Re:Repeal the DMCA! by Desler · · Score: 1

      As I understand it, no, it's not so obvious. It seems to me that what we have are two laws that are coming into direct conflict with each other. One says that you can do something, and one says you can't. The issue at hand, the thing that these court cases are supposed to be settling, is which one has priority.

      No two laws are coming into conflict with each other. For anyone who isn't a moron it's quite clear that the latter law, the DMCA in this case, takes precedence over an older law, in this case the 1976 Copyright Act. This has always been the case.

    9. Re:Repeal the DMCA! by Desler · · Score: 1

      Wait for what? Unless they are going to start monitoring the software that every person runs on their computer there is no way they can prevent him or any other Linux user from using libcss2 to play their DVDs.

    10. Re:Repeal the DMCA! by notarockstar1979 · · Score: 1

      I think you're thinking of the Communications Decency Act of 1996, not the DMCA

    11. Re:Repeal the DMCA! by genner · · Score: 1

      Section 230 of the Communications Decency Act is a safe harbor provision for providers of an interactive computer service. The DMCA does not even contain a Section 230.

      The DMCA safe harbour provision is Section 512

    12. Re:Repeal the DMCA! by Sloppy · · Score: 1

      The DMCA is very clear, and leaves no wiggle room.

      Actually, that is not quite true (although it's close). DMCA still has one way to wiggle.

      If people were to use CSS for many things -- I don't mean DVDs, I mean your bootloader, this webpage you're reading right now, build it into your word processor's "save" function, etc -- and the copyright holders of the CSS-protected items were to grant authorization to bypass the technological measure that limits access to their own work, then things would change. DeCSS would not be primarily intended to bypass without authorization, since after all, it's biggest and most marketable use would be to bypass CSS with authorization, to boot your computer, read web pages with permission, and load a KWord document that you wrote. DMCA would not apply.

      So while I think people should (best solution) repeal DMCA, or (second best solution) stop buying DRMed content, you can also emasculate DMCA by DRMing everything. If you have the copyright holder's authorization to bypass, then you're not violating DMCA, nor is the tool developer or distributor. Everything's legal.

      BTW, as I've said many times, this aspect of DMCA is why there can never be any effective standard for any DRM scheme. If just anyone is allowed to create their own scrambled works, then there's nothing to stop them from granting authorization to descramble, thereby legalizing descrambling tools.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    13. Re:Repeal the DMCA! by KingSkippus · · Score: 1

      For anyone who isn't a moron...

      Actually, laws get struck down all the time because they conflict with earlier, higher-ranking laws. Anyone who isn't a moron and actually watches the news knows this.

      (Now that we've called each other names, our points have equal weight again.)

    14. Re:Repeal the DMCA! by MobyDisk · · Score: 1

      There's no conflict.

      Law #1: You are permitted to make backups of DVDs.
      Law #2: You are not permitted to make or possess software that makes backups of DVDs.

      This trial is against RealMedia, who is making software that makes backups of DVDs. RealMedia is not trying to actually make backups of DVDs. Hence, law #1 is irrelevant.

      Now, if someone had such software, then still unambiguous that you are in violation of law #2. Does that make law #1 pointless? Yes, but there is still no ambiguity. If you could find a way to make backups without possessing software that makes backups -- then yes, you would be able to excercise your right.

      It's absurd, but not in conflict.

    15. Re:Repeal the DMCA! by Pollardito · · Score: 1

      It's not at all obvious that this law should be able to abridge a right that even she admits is valid. Instead of throwing out that provision of the DMCA (or saying that fair use does not give people the right to make copies of their DVDs), she's trying to say that both are simultaneously valid which is completely impossible.

    16. Re:Repeal the DMCA! by DragonWriter · · Score: 1

      As I understand it, no, it's not so obvious. It seems to me that what we have are two laws that are coming into direct conflict with each other. One says that you can do something, and one says you can't. The issue at hand, the thing that these court cases are supposed to be settling, is which one has priority.

      Actually, there is no conflict. The fair use provision of US copyright law does not say "you can do something". It says that that the a particular provision of copyright law which create specific exclusive rights does not apply to certain actions. It does not say that no other provisions of law limit those actions. The Digital Millenium Copyright Act (DMCA), while within (not, as you say, "a front for") copyright law, is not the particular exclusive rights provision to which the fair use exception applies, but a separate prohibition. So its prohibitions in no way conflict with the limitations on the other provisions imposed by the fair use provision.

      Has the Fair Use provision originally been written as a positive consumer right notwithstanding any other provision of law, rather than an exception to the particular exclusive rights provision of copyright law, there would be a conflict, but probably (under normal canons of legal construction) the DMCA would still win out: newer enactments that are clearly intended to overturn or limit older ones generally take priority.

      Now, there is an argument that Fair Use, while broader than the rights given under the First Amendment, overlaps with those rights, and that some of the things the DMCA prohibits may be protected under the First Amendment, and that would be a real conflict between two provisions of law, and one that (as the US Constitution trumps any mere statute) the DMCA would lose if the conflict existed. But as long as the argument is on Fair Use, per se, and not the First Amendment, the DMCA is going to win in court every time, and it will be a proper application of the rules of legal construction that it does.

    17. Re:Repeal the DMCA! by LaminatorX · · Score: 1

      This is one of the places where jurisprudence has repeatedly failed. There is a specific exemption in the DMCA for reverse engineering for the purpose of interoperability, which should have applied in the original DeCSS cases. The same section that bans anti-circumvention technologies also specifically mentions that the test includes having "limited commercially significant purpose or use other than to circumvent protection..." and re-affirms fair-use rights.

      It may be that Real and others have failed to meet that test by too narrowly focusing their products on DVD replication. But still, our judges have repeatedly failed to honor the balance of interests that is actually written into the letter of the law. Instead we get ruling after ruling that places the interests of the deep-pocketed conglomerates above those of users and 3rd party developers. The old men on the bench just can't seem to get the parallels to general purpose tools like hammers and crowbars. Sure, you can break and enter with them, but they clearly have more than limited "significant purpose or use other than to" break into houses.

    18. Re:Repeal the DMCA! by R2.0 · · Score: 1

      "Unless they are going to start monitoring the software that every person runs on their computer... "

      Kile the GP said: wait.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    19. Re:Repeal the DMCA! by nomadic · · Score: 1

      Actually, laws get struck down all the time because they conflict with earlier, higher-ranking laws. Anyone who isn't a moron and actually watches the news knows this.

      But not two federal laws, both passed by the U.S. Congress, which is the issue here.

    20. Re:Repeal the DMCA! by Hatta · · Score: 2, Insightful

      Rights exist independently of law. The right to property for instance. I would also argue that there is a right to do math. The DMCA violates both of those rights.

      --
      Give me Classic Slashdot or give me death!
    21. Re:Repeal the DMCA! by element-o.p. · · Score: 1

      My understanding is that lib(dvd)css2 is in a legal limbo -- despite a quick search on Google, I can't find a single citation to show that it is expressly forbidden. However, there are warnings about using it and similar technologies all over the net.

      So what? If "they" (whoever "they" may be) don't know you are using it, who cares? Well, for instance, what happens when you carry your laptop on an international flight, and as you return to the country, Customs asks to search your laptop?

      I might just be paranoid, but it's something to keep in mind.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    22. Re:Repeal the DMCA! by poetmatt · · Score: 1

      thank you both, I forgot there are specific safe harbors in both.

    23. Re:Repeal the DMCA! by Zxern · · Score: 1

      Parody is a derivative work and yet it's guaranteed by the 1st amendment. 1999 DMCA law should not trump the use 1976 right of fair use to make use of 1791 right of free speech, just to protect big business profits. What we need is a case where someone has ripped sections of a DVD for use in a parody video so that we can get the DMCA overturned.

    24. Re:Repeal the DMCA! by DragonWriter · · Score: 1

      Parody is a derivative work and yet it's guaranteed by the 1st amendment.

      Yes it is.

      As I said before, fair use overlaps with Constitutional protections, and (while they've failed in the courts) one could make an argument that First Amendment concerns invalidate parts of the DMCA. But you can't argue that older statutes invalidate the DMCA.

  6. Since when by FranTaylor · · Score: 1

    Does a contract provision trump a Federal law?

    1. Re:Since when by arth1 · · Score: 2, Interesting

      Does a contract provision trump a Federal law?

      Since the ones writing the contracts were allowed to contribute to the campaigns of the justices who later rule on them.
      http://www.nytimes.com/2006/10/01/us/01judges.html

  7. Innovation by whisper_jeff · · Score: 4, Insightful

    It's nice to see laws that are encouraging innovation in the tech industry.

    Oh. Wait...

    1. Re:Innovation by u38cg · · Score: 1

      They're encouraging innovation by forcing us all to write our own tools!

      --
      [FUCK BETA]
    2. Re:Innovation by FlyingBishop · · Score: 1

      Innovation == dll hell.

  8. Absolutely brilliant ruling Judge. by 0racle · · Score: 1, Informative

    Yes, you're allowed to make backup copies of movies you own, but every tool that exists to allow you to exercise your right is illegal.

    --
    "I use a Mac because I'm just better than you are."
    1. Re:Absolutely brilliant ruling Judge. by Em+Emalb · · Score: 4, Insightful

      Actually, it was. It showed a fundamental understanding of the law and how it pertained to the ruling she made. She got it right. It sucks, and hard, but she got it 100% right.

      The judge's ruling is bound by the current law. It doesn't matter if she thinks it's stupid or accurate, she's bound by it and gave the ruling that she was bound to.

      --
      Sent from your iPad.
    2. Re:Absolutely brilliant ruling Judge. by Anonymous Coward · · Score: 1, Informative

      Patel was also the judge for A&M Records v Napster. Her history has been to interpret towards copyright owners wherever there was conflict in interpretation of existing statutes, and she similarly displayed a lack of understanding for technical systems during that case as well.

    3. Re:Absolutely brilliant ruling Judge. by ObsessiveMathsFreak · · Score: 4, Insightful

      The judge's ruling is bound by the current law.

      If we wanted the laws to be followed to the letter, we would have coded up an Judge system in Lisp by now.

      But, we don't want that. We want Judges to make judgments based on both the letter and the spirit of the law. (This applies in sentencing as well as judgments by the way.) We want Judges to be able to spot discrepancies, loopholes and injustices in our current laws and rule against them where it is right to do so.

      If you tell me it's legal to rake my lawn, but you then say it's illegal for anyone to give me gardening tools, do you really think that your position is just and logical. It doesn't take a fool to see what is going on here. The law and the legal system are being strained to breaking point, and that's good for neither justice or respect for the rule of law.

      Why should anyone respect and uphold a legal system that twists itself into contradictions and connives to deny people the very rights its says they are entitled to? How can anyone go into a courtroom, expecting justice, when they know that the court has no interest in that. When they know the court only cares about an ironclad, rigid and dogmatic interpretation of any rag of a law our legislature see fit to pass; Or worse, only cares about a political interpretation of the law and their rulings within society at large?

      In such an environment, why should anyone petition the courts for justice instead of making their own? Our contemporary cinema hails a masked vigilante who goes about beating criminals in the dead of night. What does that say about our respect for the legal system? Judges need to stop being automatons that parse legalease, and start doing their jobs, i.e. delivering justice.

      --
      May the Maths Be with you!
    4. Re:Absolutely brilliant ruling Judge. by DarkBlackFox · · Score: 2, Interesting

      So then the obvious solution is to take this to the people who do make the law- Congress. Write letters showing how blatantly contradictory the law is in this case. Ask them how it's possible to exercise fair use with a law preventing distribution of the tools allowing fair use, citing the RealDVD case. Ask for suggestions on how to legally time shift a DVD for watching on a netbook, or how to make a backup of a $30 DVD so you can still enjoy what you paid for when it gets dropped/scratched/eaten/rolled over by an office chair.

    5. Re:Absolutely brilliant ruling Judge. by Bob9113 · · Score: 4, Insightful

      Actually, it was. It showed a fundamental understanding of the law and how it pertained to the ruling she made. She got it right. It sucks, and hard, but she got it 100% right.

      There has to be a different answer than this. There must be a part of the government whose job it is to make sure law is rational. That seems like the sort of thing for the judicial to do. If she is not at fault then the entire judicial system is. This is not a rational law, and a system which does not correct irrational laws is broken.

      As to her culpability: Did she state in her opinion that the law is irrational and should be changed but cannot be because the system is broken? Did she identify any possible path for the irrational law to be changed? If not, she is complicit in the broken system and should be judged just as harshly as the system itself. When the gatekeepers of justice fail to seek justice in favor of blind obedience to the letter of an unjust law, they are failing in their sworn duty to the nation.

    6. Re:Absolutely brilliant ruling Judge. by sanosuke001 · · Score: 1

      What do you mean it doesn't matter what she thinks of the law? It completely matters. It's the job of the judicial branch of government to determine if the laws congress enacts are just. She has every right to decide that the portion of the DMCA that makes RealDVD illegal should be null and void. The fact that she doesn't means one of three things:

      1. She's in the MPAA's pocket
      2. Genuinely believes that it is in the US' best interest to keep RealDVD illegal
      3. Doesn't care about the legal system in this country

      Personally, I hope it's number 2. At least she's only ignorant and close-minded instead of a corrupt, apathetic bitch,

      --
      -SaNo
    7. Re:Absolutely brilliant ruling Judge. by Anonymous Coward · · Score: 0

      If I understand correcty, the judge didn't rule that the type of tool that RealNetworks offered was illegal, but that the specific software on offer was illegal, since RealNetworks had at least implicitly agreed with the CSS license agreement and that their software was in violation of that agreement. This being the case, the judge could do no other thing but rule their software illegal. Even when a judge recognises the right of the individuals to make a backup copy of a DVD they legally own, this does not allow, let alone compell that same judge to ignore another law, that makes the specific software used for this legitimate purpose, illegal. It is just this tool which is not allowed, because of the way it was derived, not the act itself.

      Ergo, if you use the CSS algorithm widely available on the net and use that to make a tool, it shouldn't be in violation of any law, as long as it is legal, in your jurisdiction, to make at least one backup copy of your DVD and you are not in violation of any other law.

      Is there any statement in the DMCA and equivalent new laws that makes it illegal to posses a tool that would allow you to make copies?

    8. Re:Absolutely brilliant ruling Judge. by RingDev · · Score: 1

      Slight correction:

      Judges swear an oath to the Constitution. Not to the nation, president, states, God, nor anything else.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    9. Re:Absolutely brilliant ruling Judge. by Anonymous Coward · · Score: 0

      Where are the activist judges when you need them?

    10. Re:Absolutely brilliant ruling Judge. by MarkvW · · Score: 2

      Your post is completely foolish.

      You do not want judges who will overrule the law based on their own individual sense of justice--whatever that may be.

      You want judges who predictably follow the law--so that the rest of us CAN ORDER OUR LIVES SO THAT WE WILL STAY OUT OF COURT!!!!!

      If we can't predict what judges will do, we can't avoid litigation risk.

      Litigation risk is a COST. An unnecessary, socially unproductive, cost that should be minimized as much as possible.

      You may want unpredictability in the courtroom, but fortunately the intelligent people of the world do not.

      And, as a bonus parting shot: Would you rather have judges rule your life (with unwritten rules) or have legislators write the rules? It's not a hard choice.

      Get Smart!!

    11. Re:Absolutely brilliant ruling Judge. by b4dc0d3r · · Score: 1

      You are arguing with an idealistic logic, against a comment made with practical logic. You can't do that. The judge is bound to follow what the law intended, and the law is fairly clear. You can't make a circumvention device of any sort in the US of A.

      If you want to make this argument, you are simply reinforcing the correctness of the comment to which you replied. You are correct, and the original comment is correct, at the same time. Your argument should be made to a professional association of judges, because you won't get any change arguing with someone who probably believes the same thing that you do.

      If someone argues with faith, you can't win the argument using science. If someone uses existing state, you can't win arguing future state. If someone argues reality, you can't win arguing idealism. Your points in all cases might be correct, but they are nonetheless irrelevant to the argument.

    12. Re:Absolutely brilliant ruling Judge. by Bob9113 · · Score: 1

      Judges swear an oath to the Constitution. Not to the nation, president, states, God, nor anything else.

      Right on -- all agreed. In my own head I use "Nation" and "Constitution" as synonyms, since to me this nation is its principles (or, perhaps, is intended to be rather than "is"), but that is not how most people see it, and you are correct that I should be more precise.

    13. Re:Absolutely brilliant ruling Judge. by geekoid · · Score: 1

      So the OSX, Windows, Linux, ANdroid, etc... are all illegal?
      I can use any of those to back up a DVD.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    14. Re:Absolutely brilliant ruling Judge. by geekoid · · Score: 1

      It depends on the court you are in.
      For example, there is a difference between a county Judge, and a supreme court judge.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    15. Re:Absolutely brilliant ruling Judge. by geekoid · · Score: 1

      "You do not want judges who will overrule the law based on their own individual sense of justice--whatever that may be."
      He isn't saying that at all;.

      It would eb absed on the evidence and how it applies to the law.

      You need to Get Smart. There are big grey areas, not all circumstance can be coded. SO the court are used to figure that out.
      Sometimes, like this time, there is no grey area, but often there is, especially in civil court.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    16. Re:Absolutely brilliant ruling Judge. by Anonymous Coward · · Score: 0

      "If you tell me it's legal to rake my lawn, but you then say it's illegal for anyone to give me gardening tools, do you really think that your position is just and logical. It doesn't take a fool to see what is going on here. The law and the legal system are being strained to breaking point, and that's good for neither justice or respect for the rule of law."

      "Judges need to stop being automatons that parse legalease, and start doing their jobs, i.e. delivering justice."

      No. Judges are supposed to do that parsing job (albeit not as automaton-like as you imply). The problem is WITH the laws. The solution is to CHANGE the laws. Judges can't do that. The route to make that change is via the normal process of democracy: you, the voter, should petition your legislator to make changes.

      The problem lies not with the justice system and the job it is doing, but with the legislature. All the justice system can do is point out the inconsistency in the law -- and this case makes it really obvious. It's legislators that aren't doing their job to correct the situation by repealing or emending the DMCA.

    17. Re:Absolutely brilliant ruling Judge. by ObsessiveMathsFreak · · Score: 1

      You want judges who predictably follow the law--so that the rest of us CAN ORDER OUR LIVES SO THAT WE WILL STAY OUT OF COURT!!!!!

      Order your own life? Or order the lives of others? What gives anyone the right to say what others can and cannot do? From where does this power derive? From a simple majority in an election? Is that just? Is it right that the will of the many, no matter what it may be, will override the rights and freedoms of the few? Are there to be no checks and balances within the judicial system?

      If we can't predict what judges will do, we can't avoid litigation risk.
      Litigation risk is a COST. An unnecessary, socially unproductive, cost that should be minimized as much as possible.

      What about justice? Is that costly? Is it too expensive? Can we ill afford to have Judges ruling against unfair or ridiculous laws? Is it more productive for use to uphold laws which are unjust, illogical, contradictory or unethical, rather than give judges the power to strike them down? Will this security secure our liberty?

      And, as a bonus parting shot: Would you rather have judges rule your life (with unwritten rules) or have legislators write the rules? It's not a hard choice.

      And when the rules are unjust and rigged, and the judges complicit in their implementation, what choice will I make then?

      --
      May the Maths Be with you!
    18. Re:Absolutely brilliant ruling Judge. by cdrguru · · Score: 1

      Everyone knows how to get incorrect laws overturned. The Surpreme Court. Pretty much, until they rule on the matter the law stands. A higher level court than this one could possibly decide in favor of Real, but it would not be overturning the law, just coming up with a reason it doesn't apply in this case. Which is unlikely as hell.

      So if Real wants to pursue it, they need to spend the dollars to take it to the Supreme Court and pretty much plead that the law makes no sense. I would not expect Real to spend the necessary money to do this unless they believed either that it was their mission to do so or they were going to get all that money back through sales of their product. I suspect neither is the case, so it will not go to the Surpreme Court.

      Anyone could do this if they wanted to. They could even try to do it on the cheap by representing themselves. If enough people took the time to do this, even without spending cash on lawyers, it might have an effect. I would say your average Joe has zero chance of getting the Surpreme Court to review a case without high powered lawyers. But if 100 such cases came to the attention of the Surpreme Court, even if they did not pass muster for review, it would have an effect.

      Too bad pirates really don't give a crap. They will just continue. And the sucker noobs will continue paying while others that know about TPB, isohunt and others will just keep downloading irrespective of any law to the contrary.

    19. Re:Absolutely brilliant ruling Judge. by shutdown+-p+now · · Score: 1

      There has to be a different answer than this. There must be a part of the government whose job it is to make sure law is rational.

      It's called "voters".

    20. Re:Absolutely brilliant ruling Judge. by jonaskoelker · · Score: 1

      Judges need to stop being automatons that parse legalease, and start doing their jobs, i.e. delivering justice.

      In a very abstract sense, the judge has listened to what the people have decided, through their elected representatives, justice means. And delivered accordingly.

      I think that is where the real perversion of the system lies. Fix campaign contributions. Do away with the two-party system. Inform the public better. Hold politicians more accountable.

      Then the judges will be put in such a position much less often.

      (I know, I'm dreaming again)

    21. Re:Absolutely brilliant ruling Judge. by ukyoCE · · Score: 1

      It's up to the legislative branch to make laws, and the executive branch to veto them when they're unreasonable.

      The judicial branch just enforces them.

      The problem here is that our legislators (and executive) are and have for some time been under the complete control of corporations.

      The major parties throw around some contentious religious BS like abortion and gay marriage, and then do whatever the hell their sponsors pay them to do. The vote is determined by the nonsense issues, not by actual legislator performance on any real issues.

    22. Re:Absolutely brilliant ruling Judge. by harlows_monkeys · · Score: 1

      If you tell me it's legal to rake my lawn, but you then say it's illegal for anyone to give me gardening tools, do you really think that your position is just and logical

      Except that's not the situation here. Copyright law says it is not a violation of copyright law to do the things covered by fair use. Nowhere does copyright law say that you can do those things. It just says copyright won't stop you. There is nothing illogical about some OTHER law stopping you from doing specific things that copyright does not stop you from doing.

      In terms of your lawn, it would be like having a law regulating runoff having an exception that exempts watering residential lawns under 10000 sq. ft. (so its OK to water your lawn under that law), and another law regulating water consumption that says you can't water your lawn in the summer.

    23. Re:Absolutely brilliant ruling Judge. by Anonymous Coward · · Score: 0

      ... rational.

      It's called "voters".

      LOL.

    24. Re:Absolutely brilliant ruling Judge. by dangitman · · Score: 1

      Ask them how it's possible to exercise fair use with a law preventing distribution of the tools allowing fair use, citing the RealDVD case. Ask for suggestions on how to legally time shift a DVD for watching on a netbook, or how to make a backup of a $30 DVD so you can still enjoy what you paid for when it gets dropped/scratched/eaten/rolled over by an office chair.

      That wouldn't be very compelling, as it's trivial to copy a DVD to your hard drive or create a backup without circumventing CSS.

      --
      ... and then they built the supercollider.
    25. Re:Absolutely brilliant ruling Judge. by syousef · · Score: 1

      If we wanted the laws to be followed to the letter, we would have coded up an Judge system in Lisp by now

      It appears we coded them in brainF#$k instead.

      --
      These posts express my own personal views, not those of my employer
    26. Re:Absolutely brilliant ruling Judge. by chefren · · Score: 1

      You could still write your own backup tool and it would be legal - but only for you to use not to distribute.

  9. So... by jeffshoaf · · Score: 4, Insightful

    Its sort of like a lot of drugs - its not illegal to take 'em, but its illegal to buy, sell, possess, or be under their influence. With DVDs, its legal to make a copy for backup, but its illegal to create a means of making that backup.

    --
    Putting the "anal" back into "analyst"...
    1. Re:So... by Anonymous Coward · · Score: 0

      I propose a double standard:

      Judge Deuchebag's ruling stands in the case of RealNetworks vs. whoever;
      Legit software manufacturers are exempt from such jibber-jabber.

    2. Re:So... by Ross+D+Anderson · · Score: 1

      Its sort of like a lot of drugs - its not illegal to take 'em, but its illegal to buy, sell, possess, or be under their influence. With DVDs, its legal to make a copy for backup, but its illegal to create a means of making that backup.

      Doesn't taking them mean you both both possess them and are under their influence?

    3. Re:So... by Pollardito · · Score: 1

      The closest thing I can think of to what you're talking about are controlled substances with legitimate medical uses which are illegal to buy/have/sell/take without a prescription, and those don't really have conflicting rules about the legality of buying/having/selling/taking them. You either have the prescription or you don't.

  10. Handbrake, damnit. by ZorinLynx · · Score: 4, Informative

    Just use Handbrake. It's free, adds no DRM, and US law can't touch it because it's hosted outside the US.

    I don't even know why people bother with the DMCA. It's US-only. Notice how all the fun cracking and releasing and such happens outside the US.

    It only takes one person to rip the movie once. After that, copy protection is pointless.

    1. Re:Handbrake, damnit. by dlsmith · · Score: 3, Informative

      Just use Handbrake. It's free, adds no DRM, and US law can't touch it because it's hosted outside the US

      Actually, Handbrake is distributed without any DMCA-violating software. I don't know where it's hosted, but I don't think there's any legal impediment to distributing it in the U.S.

      In order to read encrypted DVDs, Handbrake delegates to VNC, which users must download and install separately.

      (I wonder if such an arrangement would really fly if it were tested by somebody like Real or Apple. It's probably too user-unfriendly and unsafe -- requiring your users to download a third-party piece of software which can't be legally distributed in the U.S. -- for anyone like that to try.)

    2. Re:Handbrake, damnit. by the_macman · · Score: 5, Insightful

      I don't even know why people bother with the DMCA. It's US-only

       
      For the time being. Come back to me in 1-5 years. I guarantee other countries will have their own DMCA. Canada is next. Mark my words. You seriously underestimate the global influence the RIAA/MPAA have. Just look at Sweden. They were able to pressure the local authorities to raid TPB and bring them to court and pass wiretapping laws which allow authorities to pursue file sharers. Insane!
       
      The MPAA/RIAA will only lose influence when the American dollar finally takes a dump.

    3. Re:Handbrake, damnit. by Anonymous Coward · · Score: 0

      But Handbrake doesn't even have any DeCSS routines in it. They make you go get VLC to handle the "dirty" stuff.

    4. Re:Handbrake, damnit. by morgan_greywolf · · Score: 4, Informative

      In order to read encrypted DVDs, Handbrake delegates to VNC,

      No. Handbrake will use libdvdcss, if it is available, on any platform but Windows. VLC is mentioned because libdvdcss comes with VLC 0.9x.

      IOW, while Handbrake itself doesn't violate the DMCA, it can be used to violate the DMCA by adding a library that actively violates the DMCA.

      Also, for GP: DMCA is most certainly not US only. Other countries have laws similar to the DMCA on the books.

    5. Re:Handbrake, damnit. by Anonymous Coward · · Score: 0

      that would fail the "substantial noninfringing use" legal analysis...

      this pseudo-software (missing the actual DMCA-violative module) would have no substantial noninfringing use on its own -- in fact, it may have ZERO use on its own if it entirely relies upon the DMCA violative module to do its work.

      as such, the software will be found to be a contributory infringer, and is illegal under the DMCA

    6. Re:Handbrake, damnit. by Anonymous Coward · · Score: 0, Funny

      In order to read encrypted DVDs, Handbrake delegates to VNC, which users must download and install separately.

      VNC? What does a remote desktop utility have to do with viewing DVDs?

    7. Re:Handbrake, damnit. by Anonymous Coward · · Score: 0

      Why do you imagine they are somehow restricted to bribing in dollars?

    8. Re:Handbrake, damnit. by genner · · Score: 1

      The MPAA/RIAA will only lose influence when the American dollar finally takes a dump.

      That soon?

    9. Re:Handbrake, damnit. by c · · Score: 1

      > I don't even know why people bother with the DMCA. It's US-only.

      Maybe you didn't get the memo, but the US has been imposing the DMCA (or worse) on other countries through various kinds of trade agreements for the last few years. Very, very few countries have had the balls to push back on this. Isreal is about the only example.

      --
      Log in or piss off.
    10. Re:Handbrake, damnit. by the_macman · · Score: 1

      No, perhaps it was just wishful thinking :\

    11. Re:Handbrake, damnit. by geekoid · · Score: 1

      ahha, but the people using it can go to jail and/or be fined.

      Yuo are also assuming there is no trade agreement with the country it's hosted in.
      Also, it's an import and as suchj at some point US law will apply for peopel downloading it in the US.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    12. Re:Handbrake, damnit. by geekoid · · Score: 1

      You think they only get money from US sales?
      That's...stupid.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    13. Re:Handbrake, damnit. by jabelli · · Score: 1

      Without libdvdcss, Handbrake will still do anything it will do with it, as long as the source is unencrypted. The fact that Hollywood doesn't sell any unencrypted DVDs is irrelevant. Every DVD writer comes with software to make them. I would think that's all that is needed to show non-infringing use.

    14. Re:Handbrake, damnit. by Blakey+Rat · · Score: 1

      Handbrake doesn't decrypt DVDs. Unless you're using an ancient version, back when it was Mac-only.

      I hear-tell that Handbrake will use VLC's libraries on some platforms (at least Mac, possibly Linux), but that doesn't work on Windows at all. So on the most popular OS, at least, Handbrake is useless for this purpose unless you've already downloaded a completely separate DMCA-violating program (like AnyDVD, for example.)

    15. Re:Handbrake, damnit. by Anonymous Coward · · Score: 0

      substantial non-infringing use

      not any non-infringing use

    16. Re:Handbrake, damnit. by Anonymous Coward · · Score: 0

      > The MPAA/RIAA will only lose influence when the American dollar finally takes a dump.

      I doubt that. I bet they'll buy Euros or Yuan or Yen or whatever and keep their influence.

      Frankly, sometimes, I feel like the only way to be free would be to actually find a way to do something they're always worried about: kill the industry.

      And, honestly, that might be a good thing. Technology will never replace artists. And I can only think that it would be good for artists not to have corporate overlords who exploit them with Hollywood Accounting and other evil tricks.

    17. Re:Handbrake, damnit. by dangitman · · Score: 1

      Come back to me in 1-5 years. I guarantee other countries will have their own DMCA.

      Why wait? Australia has had a version for years.

      --
      ... and then they built the supercollider.
    18. Re:Handbrake, damnit. by mjwx · · Score: 2, Interesting

      The MPAA/RIAA will only lose influence when the American dollar finally takes a dump.

      That happened. Last year, the US economy will not recover for a few years and probably never 100%.

      You are also vastly overestimating how much influence an American organisation has over the rest of the world. When it comes down to it protectionism will trump any international treaties. Despite how subversive the RIAA/MPIAA is other content industry organisations are moving away from them at the risk of becoming irrelevant in their own countries.

      CRIA is a joke, ARIA absolutely refuses to do anything so much so the RIAA created a new puppet organisation to do their bidding called Australian Federation Against Copyright Theft (AFACT) who had best be lube-ing up for when their law suit against iinet (Australian ISP) fails and it will fail. In Australia we have stupid deformation laws, this means when AFACT loses in court iinet will be able to sue them out of existence as well as damaging the backing companies (for once a stupid law can do some good). There is a good reason that the ARIA and the RIAA have never tried suing downloaders in Australia and that is there is serious punishment if they cant prove their claims in a court of law. So if they withdraw charges the other party still gets to sue for damages.

      Sweden is as much an example against your point then for your point. Sweden's ruling party (Social Democrats I think) became very unpopular in the last election after the pirate bay ruling, I know a few Swede's and their response to this is, why should Sweden be policing for American corporations. Sweden has many political parties, majority decisions are made by forming coalitions so it's not difficult to knock out the particular party that is forcing a decision on the coalition (Swede's feel free to correct me if I've gotten anything wrong here). The two party systems in Australia, US, UK is more difficult to knock out the extremists as they use the moderates as shields.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    19. Re:Handbrake, damnit. by morgan_greywolf · · Score: 1

      Hollywood used to sell unencrypted DVDs, back when they were new and some players didn't yet have CSS (think Apex).

    20. Re:Handbrake, damnit. by MightyDrunken · · Score: 1

      I don't even know why people bother with the DMCA. It's US-only. Notice how all the fun cracking and releasing and such happens outside the US.

      I am afraid not, copyright protection and the criminalisation of copyright protection circumvention is part of the WIPO treaty, World Intellectual Property Organization Copyright Treaty.

  11. No, Clearly a Horrible Anti-Fair Use Ruling by eldavojohn · · Score: 5, Informative

    While I hate RealNetworks and all it stands for, and will never forgive them for taking over online media with their crappy bloated players and codecs....I think I hate the movie industry just a little more. Especially Sony Pictures. I think the net effect (as usual) is that this sucks for consumers.

    No, the net effect is that there is no possible way to exercise your right to a single backup of a DVD for your personal use. Despite the 2007 DVD Jukebox ruling, every DVD copying solution seems to be illegal. So what you do not realize when you're purchasing DVDs is that they are not only effectively DRM'd, they ignore your right to fair use.

    I'm interested in watching RealNetwork's antitrust claims against the industry. I could think of some very basic arguments to be used in that case. Hell, I think someone should take up the case of fair use violations against them.

    When I buy a DVD, I want to be able to create a backup that I use and store the DVD in safe keeping. If they don't want me to do this, distribute your films on a more robust media. This ruling is down right horrible for consumers.

    --
    My work here is dung.
    1. Re:No, Clearly a Horrible Anti-Fair Use Ruling by halber_mensch · · Score: 2, Insightful

      When I buy a DVD, I want to be able to create a backup that I use and store the DVD in safe keeping. If they don't want me to do this, distribute your films on a more robust media.

      If the film industry doesn't want to deal with viewers' pesky "fair use" rights, then really they should not distribute their films on any media and then they could have the fine grained control they want. After a few months of being in the red they will come back to their senses and realize that maybe their customers are important to their well-being after all.

      --
      perl -e "eval pack(q{H*},join q{},qw{70 72696e74207061636b28717b482a7d2c717b343 637323635363534323533343430617d293b})"
    2. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Rogerborg · · Score: 4, Informative

      there is no possible way to exercise your right to a single backup of a DVD for your personal use

      You can write your own tool to do it, you just can't obtain one or give it to anyone else.

      Note carefully that I didn't say that makes any sense, but the letter of the law does allow each individual to create and use such a tool, purely for their own personal use.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:No, Clearly a Horrible Anti-Fair Use Ruling by AtomicJake · · Score: 4, Insightful

      When I buy a DVD, I want to be able to create a backup that I use and store the DVD in safe keeping. If they don't want me to do this, distribute your films on a more robust media. This ruling is down right horrible for consumers.

      I fully agree to your reasoning. But I think that the only real consequence is: Do not buy any movie, music, software that is distributed on DRM "protected" media.

      This behavior, btw, may over time maybe also change the offer.

    4. Re:No, Clearly a Horrible Anti-Fair Use Ruling by betterunixthanunix · · Score: 4, Insightful

      Sadly, it would take mass numbers of consumers boycotting the most popular movies in order for this to have any effect. Most people do not actually care about this issue -- they do not care about their right to make a backup copy because they do not make backup copies, and they do not see this as having broader implications. The MPAA knows this, and that is why they continue to bully people who do care.

      --
      Palm trees and 8
    5. Re:No, Clearly a Horrible Anti-Fair Use Ruling by mrbcs · · Score: 4, Insightful

      When I buy a DVD, I want to be able to create a backup that I use and store the DVD in safe keeping. If they don't want me to do this, distribute your films on a more robust media. This ruling is down right horrible for consumers.

      I want to copy it on to my mediacenter pc so I can play it on any pc in my house. I also can't stand those ads at the beginning of the dvd. I don't need to see their damn warning for the thousandth time either.

      --
      I'm not anti-social, I'm anti-idiot.
    6. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Desler · · Score: 2, Insightful

      You can write your own tool to do it, you just can't obtain one or give it to anyone else.

      The law doesn't make any provision against obtaining the tool. The DMCA criminalizes the production and distribution of the tool to bypass copyright protections. Practically, it means you can only obtain a tool from people breaking the law.

    7. Re:No, Clearly a Horrible Anti-Fair Use Ruling by foniksonik · · Score: 5, Interesting

      More robust media would actually mean that the media in question should come with it's own backup, in a burnable format so that a consumer could make a duplicate of the DVD/BlueRay/CD/etc *when* that physical media gets scratched or damaged in such a way as to make it non-playable on the intended media reader.

      If consumers want to rent a movie or music there are options available. If they want to purchase a movie with a lifetime license to view said movie then they deserve either a) lifetime warranty on the physical media or b) a means to backup and duplicate the media to ensure continued viability of their purchase.

      Anything less should be a violation of consumers rights and a violation of the law.

      Yes it is a burden the media companies may not like. OTOH they do profit from the sale of the media on these portable yet fragile formats and therefore assume the risk themselves out of business interest.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    8. Re:No, Clearly a Horrible Anti-Fair Use Ruling by oji-sama · · Score: 1

      I haven't made copies of DVDs for safekeeping, but this may change once I get kid(s). I've been told that I destroyed a few LPs while a kid myself, and no doubt they will someday find that this is caused by genes as well... So yes, I probably want to make copies of some DVDs / BluRay-discs in the future.

      Currently I'm more interested in converting my stuff (in semi-optimal settings) for whatever portable mediaplayer I'm currently using, and watching stuff on the go. So it is not only matter of (physical) robustness.

      --
      It is what it is.
    9. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      And in lieu of litigation, you also have another option: don't buy DVDs. I have no problem with not being able to exercise fair use on DVDs because I simply don't purchase them. So rare is a movie anymore that is quality enough I actually want to watch it more than once - so what's the point of owning the DVD? While the MPAA will, of course, attribute that lost revenue to piracy instead of a consumers speaking with their wallets, it still hurts their bottom line and any further DRM legislation they try to impose affects me just as much as the last - not at all. They can keep wasting their money fighting a battle they won't win. In the meantime, I'm out enjoying the fresh air and friends, and spending that money on other things that give me more value.

    10. Re:No, Clearly a Horrible Anti-Fair Use Ruling by log0n · · Score: 1

      It reminds me of those crazy old timey marijuana/narco laws (History Channel w/ their Hooked program).. along the lines of it being ok to grow and to sell, but was illegal to possess. Makes you feel like you have a right still, but effectively quashing any attempt to take advantage of the right.

      Double speak ftw!

    11. Re:No, Clearly a Horrible Anti-Fair Use Ruling by brainboyz · · Score: 5, Insightful

      Or from another country where such programs are not illegal.

    12. Re:No, Clearly a Horrible Anti-Fair Use Ruling by TejWC · · Score: 3, Informative

      Then I guess this gallery should be useful for a lot of people.

    13. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      You can write your own tool to do it, you just can't obtain one or give it to anyone else.

      That's not true. The DMCA explicitly makes this a criminal offense in the US. You are not allowed to circumvent DMCA protected devices/content, although there is a vague exception for cell phones.

    14. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Pentium100 · · Score: 1

      And that's why, if I want to buy an old movie, I'll buy a laserdisc. No DRM whatsoever.

      Too bad they stopped producing LDs in ~2000.

    15. Re:No, Clearly a Horrible Anti-Fair Use Ruling by MBGMorden · · Score: 1

      Nope. Remember the DMCA prohibits both the distribution OR production of such tools. Now as a matter of practicality if you make your own nobody could possibly know about it, but still, it's technically illegal for you to produce such a tool, even for your own use.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    16. Re:No, Clearly a Horrible Anti-Fair Use Ruling by NormalVisual · · Score: 1

      The bad thing is that this doesn't just apply to copyright issues, but practically everything of substance. It's a sad fact that the majority just wants their bread and circuses while caring about little else, and either lacks or refuses to use their critical thought facilities to really analyze things instead of just accepting whatever the mass media, politicians, or anyone else with an agenda tell them.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    17. Re:No, Clearly a Horrible Anti-Fair Use Ruling by schon · · Score: 5, Informative

      You can write your own tool to do it, you just can't obtain one or give it to anyone else.

      As others have pointed out, this is incorrect. I thought I'd include the actual letter of the law here:

      TITLE 17 > CHAPTER 12 > 1201
        1201. Circumvention of copyright protection systems
      (a) Violations Regarding Circumvention of Technological Measures.--
      (1) (A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

      [...]

      (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
      (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

      Writing one yourself would be considered "manufacturing".

    18. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      So it's OK to manufacture and distribute the design, just not the tool. So source code is OK for now.

    19. Re:No, Clearly a Horrible Anti-Fair Use Ruling by AtomicJake · · Score: 1

      I am convinced that at least some of those great DVD non-skipable trailers and annoucements "Copying of this DVD is prohibited..." and you-need-to-watch-this-for-at-least-30-seconds have decreased the number of people buying DVDs and increased the number of people getting cracked copies over the Internet. It's not just those who do not want to pay - it's also those who do not want to see every time that the publisher thinks that you need a reminder to not become a criminal.

    20. Re:No, Clearly a Horrible Anti-Fair Use Ruling by AtomicJake · · Score: 1

      Just because others do not care, does not mean that you should buy DRM crippled media.

    21. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      There is on additional proviso that should be looked at. There should be the availability for consumers to re-format / re-encode the content of that media for use in future playback formats. What happens to all of those DVD's you bought when DVD goes the way of VHS?

    22. Re:No, Clearly a Horrible Anti-Fair Use Ruling by GeckoAddict · · Score: 1

      Without knowing a whole lot about dvd encryption: why couldn't you do a bit-for-bit copy of a DVD? That way you don't have to break CSS.

    23. Re:No, Clearly a Horrible Anti-Fair Use Ruling by lomedhi · · Score: 2, Interesting

      What if the tool is made outside the US? As far as I know, production and distribution of such a tool is still legal here in Canada. When you say there is no law against obtaining the tool, does that cover importing it?

      --
      Did you say "insightful" or "inciteful"?
    24. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Caledfwlch · · Score: 1

      It will change when you have kids - the surest way to destroy a DVD is to have a 3 year old who can reach the DVDs and the DVD player Eject button.

      --
      These views express my own personal opinions, not those of the other voices in my head
    25. Re:No, Clearly a Horrible Anti-Fair Use Ruling by mutu310 · · Score: 3, Interesting

      Or perhaps record labels and software companies should be forced by law to send replacement CDs/DVDs for free if you mail them a scratched disc with a self-addressed envelope. Of course, this has its cons though, such as a very good replica fooling the company that the disc is original, and they would send an original one back.

    26. Re:No, Clearly a Horrible Anti-Fair Use Ruling by mutu310 · · Score: 1

      I wonder if posting source code is considered illegal as well... may be a way of working around the law.

    27. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      I think it depends on what you want in a format. Personally I wouldn't feel the need to convert or copy a purchased video to another format if it met a few simple criteria. That would mean the format is more "robust" compared to my needs (Blu-ray isn't even close, too large, too limited on the devices that can play it, and comparatively fragile)

      1- small and universal form factor like SD, MiniSD or MicroSD that would allow me to carry it anywhere and play it on a large reange of devices. Obviously the format of the video/audio needs to be pretty universal as well so a wide variety of devices can manage the playback

      2- That form factor must be durable enough to withstand being carried in pockets, either of clothing or of a laptop bag, etc.

      Unfortunately there is currently no such product, unless I rip a DVD to an SD card. Then I can play the movie when I want, with a number of different devices and I can carry several different movies in my pocket in a small protective case.

    28. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Greyfox · · Score: 1, Troll

      Current IP law is broken, but the media companies like it that way. If our congresspeople would get Walt Disney's putrid decaying cock out of their mouths and do the job they're supposed to do, looking out for the taxpayers they represent, this wouldn't be an issue. I am quite happy to always vote against incumbent until this happens.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    29. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Sloppy · · Score: 1

      Exactly. If something is DRMed, either do without it, or pirate it. The publisher has said that they don't want anyone in their market, so don't go out of your way to try to be in their market.

      You can lead Hollywood to money, but you can't make them take it.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    30. Re:No, Clearly a Horrible Anti-Fair Use Ruling by genner · · Score: 1

      Just because others do not care, does not mean that you should buy DRM crippled media.

      Just because you don't buy DRM crippled media does not mean the industry will care.

    31. Re:No, Clearly a Horrible Anti-Fair Use Ruling by NormalVisual · · Score: 1

      Perhaps, but that doesn't change the fact that such a boycott is merely tilting at windmills. Do it if it makes you feel better or have a clearer conscience, but don't expect it to make any practical difference.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    32. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      I'd say that if you can stick a DVD in, click one button, and have it backed up, their measure does not effectively control access.

    33. Re:No, Clearly a Horrible Anti-Fair Use Ruling by vintagepc · · Score: 1

      I've said it before- that's why I use Xine/VLC. on my PC. They let you skip the crap and go straight to the DVD menu, unlike set-top players.

      --
      Evolution - Est. 4500000000 B.C. Don't piss in the gene pool.
    34. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Jason+Levine · · Score: 1

      Then I would think that the distribution to consumers in the US would be illegal. They might not be able to charge the person/company with anything depending on how it was operated, but it would be technically illegal. Alternatively, they might charge the person in the US even though they live elsewhere and then, on any visit to the US, the person would be arrested and tossed in jail.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    35. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      Writing a program is not manufacturing.

    36. Re:No, Clearly a Horrible Anti-Fair Use Ruling by u-235-sentinel · · Score: 1

      You mean something like Blu-ray's anti-scratch protective coating (which really works very very well)? But even then, you'll still say "but I want to make a copy". At least be honest with yourself and don't make claims that you won't want to make a copy if the media is more robust.

      And why would I not want to make a copy of my purchased media? Nobody wants to have an archival copy of their media to protect against damage?

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    37. Re:No, Clearly a Horrible Anti-Fair Use Ruling by hesaigo999ca · · Score: 1

      I tend to agree with you, I find the ruling really missing the point. When you sell the dvd copying software, it allows a user to make a backup copy of their dvd, which they already own. The problem is when THAT copy is given or sold to someone else other then the owner.

      I think they should effectively come up with a better way to watermark the copy of the dvds and send a bot to monitor torrents and such, then the watermark (of the original dvd) could then be used to track down the owner, and say if 20,000 copies showed up on the net or on the black market, you could easily know who was responsible.

      However, it is easier for every one, including this useless judge, to just point the finger at the person allowing legit copying to not happen. Smoking pot is legal, selling pot is illegal, so the only way to ge your pot is through the gov.
      Copying a dvd is legal, selling the dvd copying software is illegal, so does that mean owning the dvd copying software is also illegal or using it...I am interested in seeing how it pans out, and what sort of precedent this case sets!

    38. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      My mother manufactured my brain which is a technology/device that can be used to circumnavigate encryption...Should we jail eveyone's mother?

    39. Re:No, Clearly a Horrible Anti-Fair Use Ruling by hypergreatthing · · Score: 1

      I thought code is like art. You can't manufacture art, therefore coding something to bypass an encryption would be legal.

    40. Re:No, Clearly a Horrible Anti-Fair Use Ruling by nine-times · · Score: 1

      there is no possible way to exercise your right to a single backup of a DVD for your personal use

      You can write your own tool to do it, you just can't obtain one or give it to anyone else.

      Note carefully that I didn't say that makes any sense, but the letter of the law does allow each individual to create and use such a tool, purely for their own personal use.

      Your interpretation seems right, but I'm going to go ahead and say this doesn't make sense. It's legal to backup your own DVDs, but it's illegal for someone to provide you with software to help you do that. Why should it be illegal to facilitate private actions which are themselves perfectly legal? I'm not sure the judge has it wrong, in that this is the law that Congress passed. I'm not sure which courts can rule on the constitutionality of which kinds of laws. But in any event, what really needs to happen is that Congress needs to change the law.

    41. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      You're right. Spread it out over all the DVDs that are sold and it won't make any difference. However, perhaps a dedicated demonstration might have some impact. Pick a SINGLE, very geek-related DVD movie release and start a boycott well before the release date. Insist that the DVD be unencrypted or that it include a non-DRM-encumbered digital copy. Everybody knows that any kind of encryption is going to be broken and be useless within a very short time anyway. We all know any popular movie will probably be ripped and on bittorrent before the DVD is released anyway, probably from copies stolen during the production process. The DRM does *nothing* but annoy legitimate purchasers who want to use the product on other devices. It costs the studios money to implement it, and it is thoroughly ineffective. Why do they bother?

      A boycott forever is unrealistic, but perhaps for the first week or month or something. Make a noticeable dent in their expected first-week sales and establish the association between that and the way they are packaging their product and *maybe* they'll realize people really do care about the DRM.

      The specific example I can think of is Star Trek -- the 2009 movie, the DVD for which is supposed to be released on Nov.17. Yeah, I know, boycotting that one is crazy, but maybe if enough geeks did not buy it in the first week or two, the studios might wonder why their sales didn't reach expectations.

      Meh. They'd probably blame it on piracy.

    42. Re:No, Clearly a Horrible Anti-Fair Use Ruling by AtomicJake · · Score: 1

      Actually, I think that this boycott helps. At least in the case of audio CDs (which have been often crippled as "enhanced CDs"), there is a trend to come back to the DRM free CD standard. I think that is mainly because enough people do not buy them. You also see it with DRM free music at Amazon and iTunes.

      DVDs are different: they always included DRM and the so much hated region code. DVD buyers just live with the fact. BTW: I know nearly no person that is still buying DVDs (unless they have kids - because they tend to see a movie 100s of times); most people are either renting the DVD or directly use VoD. Clearly, a DRM on a rented DVD or on a VoD stream is less cumbersome for the consumer - after all you only have a day or so to use the media.

      And, most importantly: I do not buy DVDs (with DRM) to have a better conscience. I do not buy them, because I do not want them.

    43. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 5, Funny

      This comment is worded exactly as intended. Any application of fantabulous "Fixed that for you" jokes will be "modded up and hilarious".

      Fixed that for you.

    44. Re:No, Clearly a Horrible Anti-Fair Use Ruling by nine-times · · Score: 3, Interesting

      More robust media would actually mean that the media in question should come with it's own backup, in a burnable format so that a consumer could make a duplicate of the DVD/BlueRay/CD/etc *when* that physical media gets scratched or damaged in such a way as to make it non-playable on the intended media reader.

      Drop the DRM and the media already comes with a copy that can be copied for backup purposes: the original copy.

      Maybe I'm misunderstanding, but it seems like you're saying that someone should invent a kind of media that comes with its own second copy, which consumers can access when, and only when, the original media becomes unreadable. So when my first copy becomes unreadable, I can get access to my second copy. What about when my second copy becomes unreadable? Do I get a third? Is it infinitely recursive so that an infinite number of copies are stored on this medium?

      And what's the point of trying to make it more complicated? The only thing that denies people the right to make unlimited copies of media which they own for any purpose they like is copyright. Copyright was designed to prevent publishers from profiting from exploiting authors, and therefore has exemptions that allow people to make backups of the media they own. Movie studios don't have any particular right to deny you your right to back up your movies.

    45. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      IIRC, the DMCA also disallows the import and export of such tools.

    46. Re:No, Clearly a Horrible Anti-Fair Use Ruling by gnick · · Score: 3, Insightful

      Writing a program is not manufacturing.

      Not to support the DMCA crap, but yes. I haven't checked Merrian-Webster on the subject, but under any competent interpretation, yes it is...

      --
      He's getting rather old, but he's a good mouse.
    47. Re:No, Clearly a Horrible Anti-Fair Use Ruling by whoever57 · · Score: 1

      Without knowing a whole lot about dvd encryption: why couldn't you do a bit-for-bit copy of a DVD? That way you don't have to break CSS.

      In order for a DVD player to decrypt a DVD, it has to read some keys. These keys are stored on a part of the disc that DVD burners can't burn (today -- it's possible this may change in the future). So you can't make a usable bit-for-bit copy of the disc.

      --
      The real "Libtards" are the Libertarians!
    48. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Wikipedia · · Score: 0

      So it's illegal to backup a dvd, but it's not illegal for VLC media player's Libdvdcss to decode it in realtime by allowing programs to treat it as a block device? And if it is legal, then it should likewise be legal to decode to another format, rather doing a perfect backup.

      --
      P2P Anonymous Distributed Web Search: http://www.yacy.net/
    49. Re:No, Clearly a Horrible Anti-Fair Use Ruling by idontgno · · Score: 2, Interesting

      Alternatively, they would charge the person in the US even though they live elsewhere and then, on any visit to the US, the person would be arrested and tossed in jail.

      FTFY.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    50. Re:No, Clearly a Horrible Anti-Fair Use Ruling by element-o.p. · · Score: 1

      Scratches aren't the only problem with CD/DVD/Blu-Ray media. I've busted multiple CDs over the years; it's really not that hard to do, especially if your CD/DVD/whatever is in one of those cheap paper sleeves rather than a plastic case.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    51. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Wannabe+Code+Monkey · · Score: 1

      Sadly, it would take mass numbers of consumers boycotting the most popular movies in order for this to have any effect.

      And even if this did happen. The MPAA would just blame their loss in sales to piracy and get even stricter laws in place to combat this.

      --
      We always knew Comcast was corrupt, here's the proof: http://tech.slashdot.org/comments.pl?sid=1909890&cid=34545432
    52. Re:No, Clearly a Horrible Anti-Fair Use Ruling by element-o.p. · · Score: 2, Funny

      Unless it is a DVD that you hate, in which case it will then last forever.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    53. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Kjella · · Score: 1

      I'm waiting for the EMI of movie studios... first to say "let's just put it up for sale on iTunes worldwide, no DRM". And realize that it really doesn't make a difference. The music industry loved fighting windmills, but they came around and eventually dropped both CD copy protection and downloadable copy protection. I think the movie industry eventually will too. They'll just have to come to terms with AACS, BD+ and HDCP not working out either first. That'll still take a while...

      --
      Live today, because you never know what tomorrow brings
    54. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Merls+the+Sneaky · · Score: 1

      Trust me they can do it without the eject button. ;)

    55. Re:No, Clearly a Horrible Anti-Fair Use Ruling by element-o.p. · · Score: 1

      IANAL, so take with a heaping dose of salt, but from what I understand, the big problem with creating archival copies of DVDs is the CSS encryption. While the DMCA allows for fair use -- meaning that it is perfectly legal under the DMCA to create archival copies to protect against loss of the media -- it also prohibits breaking or attempting to break any encryption scheme that is used to protect the media.

      So, as long as your DVD doesn't use CSS to encrypt the media on the disk, you are correct. However, if you attempt to defeat the encryption on the DVD, then you have violated the DMCA, whether or not you provided the tool you used to anyone else.

      If anyone else has a better understanding of fair use and breaking encryption schemes under the DMCA, please correct anything I said above.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    56. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      So open source tools are against the title 17 Chapter 12 article 1201?
      That's not meant as a snide remark, that's really disturbing.

    57. Re:No, Clearly a Horrible Anti-Fair Use Ruling by geekoid · · Score: 1

      Not quite.

      I can make a bit by bit back up and not violate the law.
      If I try to get around the encryption, then I have violated the law.

      Of course, if you ahve a licensed player, you caould then play it from your disk.

      The judge made a correct ruling based on the law. The proper place for any change to take place is congress.
      Get involved.

      Oh, and if I rip an image from a movie as it's being played through a licensed player, my fair use is intact.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    58. Re:No, Clearly a Horrible Anti-Fair Use Ruling by geekoid · · Score: 1

      I wonder. I industry manufacture has a pretty specific meaning. For example, the tax for manufacturing something is different then the tax for creating software.
      MS is not tax as a manufacturer.

      So I wonder if in this contexts they are talking about mass production and assembly and not in software writing.
      I am talking tax an legal differences, and not what it says at dictionary.com.

      Yes, the DMCA is lame, impractical, and counter to the primary reason this country has thrived.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    59. Re:No, Clearly a Horrible Anti-Fair Use Ruling by schon · · Score: 1

      I'd say that if you can stick a DVD in, click one button, and have it backed up, their measure does not effectively control access.

      And you would be wrong. This argument has already been tried in the 2600/DeCSS case, and the judge called it "indefensible".

    60. Re:No, Clearly a Horrible Anti-Fair Use Ruling by geekoid · · Score: 1

      And you can play it anywhere in yourn house as long as it's a bit by bit copy and played from a lisensed player.

      You cross the line if you rip it to a difference format and remove the encryption.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    61. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      I'm testing the reply emails. Ignore this.

    62. Re:No, Clearly a Horrible Anti-Fair Use Ruling by eiapoce · · Score: 1

      Instead of being a plain idiot just give me any coating that can resist the wear caused by a 3 Y/Old running endless hours on a trike and I'll make you millionary.

    63. Re:No, Clearly a Horrible Anti-Fair Use Ruling by schon · · Score: 2, Informative

      Writing a program is not manufacturing.

      Wow! Your flawless logic has convinced me! Now you just have to use that exact same argument to convince all the judges and lawyers who would say you're a complete fucking tool.

      Dmitry Sklyarov was arrested for "manufacturing" software that could read ROT-13 encrypted PDFs. The software was distributed by someone else, but he got nailed for manufacturing. They only dropped the charges when he agreed to testify "against" his employer.

    64. Re:No, Clearly a Horrible Anti-Fair Use Ruling by lgw · · Score: 1

      As I recall from the DeCSS wars, it's illegal if it's "source code", but not if it's older, more protected media. Thus the DeCSS T-shirts, songs, poetry, etc.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    65. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      Wasn't CSS recently ruled in a U.S. court of law, that is not 'effective' in it it control of circumvention techniques?

      Thus, making that 'chapter and verse' text, obsolete and futile?

    66. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Desler · · Score: 1

      What happens to all of those DVD's you bought when DVD goes the way of VHS?

      Nothing? Are your DVDs going to magically stop working that day?

    67. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Desler · · Score: 1

      Or perhaps record labels and software companies should be forced by law to send replacement CDs/DVDs for free if you mail them a scratched disc with a self-addressed envelope.

      Why? If you're too careless to handle your media in a way that won't damage it, why should they be liable to replace it? Should we also start requiring car dealers to send you a replacement car for free if you wreck yours?

    68. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Desler · · Score: 1

      I've busted multiple CDs over the years; it's really not that hard to do, especially if your CD/DVD/whatever is in one of those cheap paper sleeves rather than a plastic case.

      Here's a protip for you then: Don't keep your CD/DVD/whatever in those cheap paper sleeves rather than a plastic case. Problem solved, no?

    69. Re:No, Clearly a Horrible Anti-Fair Use Ruling by TheRaven64 · · Score: 2, Informative

      To clarify, you can't make a usable bit-for-bit copy of a DVD on a DVD. You can make one on another medium. For example, if you have a Mac, you can use the bundled Disk Utility.app to create a disk image file from the DVD (you can use dd for the same thing, but Disk Utility is more pointy-clicky) and you can then play this with Apple's DVD Player.app (if it's mounted, then the userspace app can't tell the difference between it and a real DVD).

      --
      I am TheRaven on Soylent News
    70. Re:No, Clearly a Horrible Anti-Fair Use Ruling by VGPowerlord · · Score: 2, Interesting

      No, no, no... lifetime warranty probably wouldn't be legal.

      Instead, it should be under warranty for as long as the work it's a copy of is under copyright... ...which just happens to be longer than a lifetime these days.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    71. Re:No, Clearly a Horrible Anti-Fair Use Ruling by GeckoAddict · · Score: 1

      That makes sense. Thanks

    72. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Machtyn · · Score: 1

      Have you never noticed how badly discs get scratched during normal use in the disc player? The spin up/down of a disc causes that cushion of air to decrease, thus causing the disc to spin down on the plastic disc tray, thus causing scratches to the disc.

    73. Re:No, Clearly a Horrible Anti-Fair Use Ruling by cycle003 · · Score: 3, Insightful

      I think the more proper analogy, if you buy into the RIAA's philosophy, would be renting a car. If the rental car dies, you'll get another one because you are paying for the use of the car, not the actual car. Now, if the RIAA wants to sell us the media, we should be able to make a copy of it in case of failure. If we are licensing the use of it, they should replace it. They shouldn't be able to have it both ways.

    74. Re:No, Clearly a Horrible Anti-Fair Use Ruling by VGPowerlord · · Score: 1

      So open source tools are against the title 17 Chapter 12 article 1201?
      That's not meant as a snide remark, that's really disturbing.

      Assuming you're referring to "(1) (A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

      Two points:
      1. A license is not a technological measure.
      2. It's illegal to circumvent a license, too. That's why the GPL is enforceable; if someone breaks it, you sue them for it.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    75. Re:No, Clearly a Horrible Anti-Fair Use Ruling by mccabem · · Score: 2, Informative

      Manufacturing pretty much means "the process of making something" whether by hand or machine. Writing a program would certainly seem to fit that definition.

      Seems like the law contradicts itself if there is supposedly a Fair Use element to the law, yet no way to legally exercise said element.

      Congress or SCotUS will need to straighten this out. I sadly have little confidence in either institution to do so honestly/properly.

      -Matt

    76. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      Writing software is akin to writing a book - it's not manufacturing, it's creative expression.

      If we go beyond that, writing and or building something by hand, individually, is "crafting".

      Building something in bulk, either via assembly line or automation is "manufacturing".

      Dolt!!!

    77. Re:No, Clearly a Horrible Anti-Fair Use Ruling by piojo · · Score: 1

      Why? If you're too careless to handle your media in a way that won't damage it, why should they be liable to replace it? Should we also start requiring car dealers to send you a replacement car for free if you wreck yours?

      Because it's not a physical good. The accepted strategy for protecting digital goods is to make backups. (Nobody tells you to prevent a hard drive crash by being really careful.) In this case, the record companies are using the courts to prevent backups.

      Your car dealership doesn't prevent you from utilizing the standard method of protecting your car.

      --
      A cat can't teach a dog to bark.
    78. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      IP Law is working exactly as intended: to protect the interests of the wealthy.

    79. Re:No, Clearly a Horrible Anti-Fair Use Ruling by lupis42 · · Score: 1

      If you can make a media format that is "sufficiently" robust, here meaning immune to all possible loss, theft, and destruction (including as a result of the heat-death of the universe), than I would be prepared to accept that durability. Otherwise, I will decided for myself how important the content is to me, and take what steps I feel appropriate to back it up. I will certainly not cede that right to an organization which makes more money if my media wear out and need to be replaced.

    80. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Pezistential · · Score: 1

      Or perhaps record labels and software companies should be forced by law to send replacement CDs/DVDs for free if you mail them a scratched disc with a self-addressed envelope.

      Why? If you're too careless to handle your media in a way that won't damage it, why should they be liable to replace it? Should we also start requiring car dealers to send you a replacement car for free if you wreck yours?

      When a car is purchased, generally people have the ability to make their own copies of the key. Ford doesn't bring your local hardware store to court for providing the service. I'm just saying...

    81. Re:No, Clearly a Horrible Anti-Fair Use Ruling by AmigaMMC · · Score: 1

      Yes, even in that case I do think I have a right to make a copy. What happens if my Blu-Ray is destroyed for any reason? I should have the right to make a copy and store it in a different place than the original for extra protection. The movie industry never quite understood that it's not the people who legally buy a movie and make a backup copy that end up distributing them. I own over 500 DVD and a dozen BD and I wouldn't dream about giving away for free what I had to work so hard to purchase. This time I have to applaud Disney for putting a digital copy in every one of their BD.

    82. Re:No, Clearly a Horrible Anti-Fair Use Ruling by piojo · · Score: 1

      And you can play it anywhere in yourn house as long as it's a bit by bit copy

      That's irrelevant because it can't be done.

      --
      A cat can't teach a dog to bark.
    83. Re:No, Clearly a Horrible Anti-Fair Use Ruling by lupis42 · · Score: 1

      I can very easily rip my media, and then use a digital copy while storing the physical copy somewhere secure. Oh, they don't allow that.

      Ultimately, there are two parts to this:
      The right to make backups, resell, lend, etc.
      The responsibility to make backups, not lose discs, not destroy discs, etc.
      Whoever has the one, has the other. Simple and easy. If you have the responsibility to protect the media, than you have the implicit right to take such steps as you see fit to protect it.

      See: http://www.shamusyoung.com/twentysidedtale/?p=1894 for a more detailed treatment of this topic.

    84. Re:No, Clearly a Horrible Anti-Fair Use Ruling by AmigaMMC · · Score: 1
      >Or perhaps record labels and software companies should be forced by law to send replacement CDs/DVDs for free if you mail them a scratched disc with a self-addressed envelope.

      It would be enough already if they honored their rebate scheme. I'm still waiting for my $10 from Paramount for upgrading my Transformers DVD to BD. Of course they don't ship rebates to POBOXES (but you do have to send all the stuff to a POBOX) and unfortunately I live in a place where we don't have mail delivery so USPS gives a free POBOX to each household. I communicated the situation and even provided my physical address asking to please send the rebate to my POBOX instead. They didn't and there's no way to contact them as there is no contact info on the rebate form.

      Then you have smart states like North Dakota (the only one AFAIK) that passed a law under which companies MUST ACCEPT PO BOXES to deliver the rebates. I'm disgusted. I never buy anything that shows a mail-in rebate anymore.

    85. Re:No, Clearly a Horrible Anti-Fair Use Ruling by AmigaMMC · · Score: 1
      My new CD has just been destroyed by the player, so shut up.

      The car analogy doesn't make sense, as you use the car, whereas in a DVD/BD you're interested in the content, not the physical media itself.

    86. Re:No, Clearly a Horrible Anti-Fair Use Ruling by piojo · · Score: 1

      I can make a bit by bit back up and not violate the law.
      If I try to get around the encryption, then I have violated the law.

      Of course, if you ahve a licensed player, you caould then play it from your disk.

      I replied to you in another thread, but I'll go into more detail. Part of the encryption key is written onto the beginning of the disk (maybe the disk's ID?). I believe this cannot be burned by our current DVD burners and DVDs.

      Additionally, I cannot even read a disc (in Linux) until the encryption is broken. Even simply file-copying commands return errors about bad sectors.

      --
      A cat can't teach a dog to bark.
    87. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      Yes, and in a different color if we want.

    88. Re:No, Clearly a Horrible Anti-Fair Use Ruling by element-o.p. · · Score: 1

      I've busted plastic cases, too. I suppose I could carry them in armored, solid steel cases, but that kind of defeats the purpose of portable media.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    89. Re:No, Clearly a Horrible Anti-Fair Use Ruling by element-o.p. · · Score: 1

      I'm in. Anyone else?

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    90. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Jherico · · Score: 1

      No one expects a book publisher to replace their copy of 1984 if they accidentally drop it in the bathtub. Why do you expect such a greater level of service from DVD manufacturers? Don't confuse what you think is fair with what a company should be actually obligated to do.

      --

      Jherico

      What can the average user can do to ensure his security? "Nothing, you're screwed"

    91. Re:No, Clearly a Horrible Anti-Fair Use Ruling by russotto · · Score: 1

      And you would be wrong. This argument has already been tried in the 2600/DeCSS case, and the judge called it "indefensible".

      He was also interviewed about the case afterwards, and all he said was "I'm going to Disneyworld!"

    92. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      Building something in bulk, either via assembly line or automation is "manufacturing".

      Dolt!!!

      The origin of the word simply means "hand-made."

    93. Re:No, Clearly a Horrible Anti-Fair Use Ruling by russotto · · Score: 1

      Without knowing a whole lot about dvd encryption: why couldn't you do a bit-for-bit copy of a DVD? That way you don't have to break CSS.

      Practically, because you can't write to the area with the key.

      Legally?
      This is a good one.

      There's a bit on the disc which tells the DVD player to turn on Macrovision. Macrovision is patented. Courts have ruled that making a copy of a DVD with that bit flipped off amounts to a DMCA violation. However, the courts have also ruled that making a copy with that bit left ON is manufacture of a patented device without the authorization of the patent holder. This despite the fact that the actual implementation of Macrovision is in the DVD player, not the disc. It's ridiculous, a single-bit patent violation, but the courts will bend over backwards to rule for the MPAA.

    94. Re:No, Clearly a Horrible Anti-Fair Use Ruling by StikyPad · · Score: 1

      I want to copy it... I don't need to see their damn warning for the thousandth time either.

      Clearly you do!

    95. Re:No, Clearly a Horrible Anti-Fair Use Ruling by the_bard17 · · Score: 1

      You cross the line if you rip it to a difference format and remove the encryption.

      They can call the police, and have me arrested for breaking the DMCA. I'll laugh at the cops. I'll laugh at the judge. I'll laugh at the jury, assuming they convict me. I'll laugh at my cellmate, and I'm sure he'll laugh with me when I tell him why I'm in jail.

      And when I get out, you'll can be damn sure I'll go right back to ripping my DVDs, assuming I don't decide to emigrate somewhere else, first.

      'Cause a country where I can't have the freedom to shift my media to a different format is not a country where I'm free. I certainly don't want to live there.

    96. Re:No, Clearly a Horrible Anti-Fair Use Ruling by navyjeff · · Score: 1

      Drop a book in the tub and you have a wet book. The letters on each page are still there and you can read it after it's dry.

      Scratch the back of a DVD and you may never be able to play it again.

      There's a fundamental difference in robustness between old and modern media.

      You can make copies of pages of books for personal use; if they prevent you from legally copying a DVD for backup, they are denying you your right to make a backup.

    97. Re:No, Clearly a Horrible Anti-Fair Use Ruling by spectre_240sx · · Score: 1

      Do book publishers prevent you from making photocopies as a backup?

    98. Re:No, Clearly a Horrible Anti-Fair Use Ruling by c-reus · · Score: 1

      What happens to all of those DVD's you bought when DVD goes the way of VHS?

      Nothing? Are your DVDs going to magically stop working that day?

      Do you have any VHS players in your home? Do you expect to own a working VHS player ten years from now?

    99. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Jherico · · Score: 1

      Drop a book in the tub and you have a wet book. The letters on each page are still there and you can read it after it's dry.

      That's a for instance, and there are lots of things that can happen to a book to render it useless for reading.

      There's a fundamental difference in robustness between old and modern media.

      That doesn't mean there's a fundamental right to get more rights with a piece of modern media than with a piece of old media.

      You can make copies of pages of books for personal use;

      Because books aren't protected by DRM, not because they're books.

      if they prevent you from legally copying a DVD for backup, they are denying you your right to make a backup. They're denying you access to a given tool to make a backup. It just so happens that any tool to make a backup is illegal. The law isn't required to be sensible or fair, just consistent.

      --

      Jherico

      What can the average user can do to ensure his security? "Nothing, you're screwed"

    100. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Draek · · Score: 1

      Most people do not actually care about this issue -- they do not care about their right to make a backup copy because they do not make backup copies, and they do not see this as having broader implications.

      Also, most of the people who *do* care live in countries with saner legal systems where all this is completely legal, and so have no reason to boycott DVDs and similar legally-encumbered formats.

      --
      No problem is insoluble in all conceivable circumstances.
    101. Re:No, Clearly a Horrible Anti-Fair Use Ruling by honkycat · · Score: 1

      You can make copies of pages of books for personal use;

      Because books aren't protected by DRM, not because they're books.

      And the presence of DRM on the DVD is the whole point! Under current law in order to exercise exactly the same rights with a DRM-protected medium as with a book. They have taken away your ability to take prudent steps to protect yourself. It's not really asking for something extra.

      That said, I don't entirely agree that the manufacturers owe this to buyers. You know you're getting fucked over when you buy the DVD, it's up to you whether it's still worth it. Still, it's utterly ridiculous that the law is in its current state. I wish more people had the sense not to encourage the assholes selling this crap (or to vote for the assholes who pass these laws), but there's not a whole lot you can do besides trying to educate people and doing the right thing for yourself.

    102. Re:No, Clearly a Horrible Anti-Fair Use Ruling by honkycat · · Score: 1

      Oops, left out a clause:
      "Under current law in order to exercise exactly the same rights with a DRM-protected medium with a book you require assistance from the manufacturer."

      (stupid #@$@#% required delay between posts... argh)

    103. Re:No, Clearly a Horrible Anti-Fair Use Ruling by russotto · · Score: 1

      They can call the police, and have me arrested for breaking the DMCA. I'll laugh at the cops. I'll laugh at the judge. I'll laugh at the jury, assuming they convict me. I'll laugh at my cellmate, and I'm sure he'll laugh with me when I tell him why I'm in jail.

      Yeah, he'll say, "Ha, ha, yeah, well I'm in for forcible sodomy". (the judge will have sent you to a supermax facility because you laughed at him).

      And when I get out, you'll can be damn sure I'll go right back to ripping my DVDs, assuming I don't decide to emigrate somewhere else, first.

      Nobody wants a convicted felon.

    104. Re:No, Clearly a Horrible Anti-Fair Use Ruling by HungryHobo · · Score: 1

      so if you download it from a country where it's legal are you guilty of importing it?

    105. Re:No, Clearly a Horrible Anti-Fair Use Ruling by khellendros1984 · · Score: 1

      If you damage your car, you can replace the part of the car that got damaged. If you damage your optical media, there's no legal way of getting replacement for the damaged data short of buying a new copy of the thing. Car damage doesn't cost pennies to repair either, the way that replacing a movie disk does. They aren't really comparable situations.

      --
      It is pitch black. You are likely to be eaten by a grue.
    106. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Orbijx · · Score: 1

      No, but your local copy house (FedEx Office, and anywhere that clerks are trained to do so) or commercial copy machine owner might.

      The ones who follow the rules they've been given will tell you, "I am sorry, but this is copyrighted material, and therefore I cannot duplicate this content."

      I speak from experience on both sides of the line -- I was once the guy who had to tell someone, "I'm sorry, but I need you to read the big yellow label on the machine before you copy another page, sir." :-/

      Guy was 30 pages into his copying, too (at 15 cents a pop).

      --
      One of these days, I am going to flip out. When I flip out, I'll be back in five minutes.
    107. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Jherico · · Score: 1

      "Under current law in order to exercise exactly the same rights with a DRM-protected medium with a book you require assistance from the manufacturer."

      which he is not legally obligated to provide.

      --

      Jherico

      What can the average user can do to ensure his security? "Nothing, you're screwed"

    108. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      Try shoving a VHS cassette into a DVD player.

      Now, in x years, try shoving a DVD into a [insert future media here] player.

    109. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      At which point he told you to go fuck yourself and went about his business.

    110. Re:No, Clearly a Horrible Anti-Fair Use Ruling by dangitman · · Score: 1

      No, the net effect is that there is no possible way to exercise your right to a single backup of a DVD for your personal use.

      Say what? Of course there is. Simply create a disk image of the DVD on your hard drive, without decrypting the CSS. It will play back fine with many desktop DVD player applications.

      --
      ... and then they built the supercollider.
    111. Re:No, Clearly a Horrible Anti-Fair Use Ruling by thejynxed · · Score: 1

      My set-top player goes directly to the menu if I tell it too with a nice Main Menu button on the remote....

      The only thing it still plays as mandatory is the FBI warning, which is something I can live with. It ignores all of the other "do-not-skip" flags enabled on commercial dvds.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    112. Re:No, Clearly a Horrible Anti-Fair Use Ruling by awol · · Score: 1

      Haven't bought a real DVD for 10 years (I bought a couple of 99c clangers as a joke present, even then technically it was someone elses money!). Won't ever buy one again until this madness ends.

      --
      "The first thing to do when you find yourself in a hole is stop digging."
    113. Re:No, Clearly a Horrible Anti-Fair Use Ruling by shentino · · Score: 1

      Except in this case, it's against the law to keep your own spare parts.

    114. Re:No, Clearly a Horrible Anti-Fair Use Ruling by psxndc · · Score: 1

      What everyone misses is that the DMCA, for everyday people doing the right thing(TM), is not that bad.

      It is pretty explicit in Sec. 1201(c)

      "(c) Other Rights, Etc., Not Affected.--(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title."

      You can make your own.

      --

      The emacs religion: to be saved, control excess.

    115. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Desler · · Score: 1

      Yes to both.

    116. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Desler · · Score: 1

      Now, in x years, try shoving a DVD into a [insert future media here] player.

      Since the future media format is most likely going to be another optical disc format, there is no reason to expect it won't be backwards compatible with DVD like any and all Blu-Ray/HD DVD standalone players and computer drives support reading.

    117. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      If writing software weren't "manufacturing" then why the fuck is Software Development considered an engineering discipline instead of a mathematical one?

    118. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Blackhalo · · Score: 1

      This seems to be on weak constitutional grounds, as DRM + DCMA + Copyright = unlimited protection for creators, as DRM'd content would be unretrivable at any (c) expiration. A key component of Copyright, it would seem to me, should include a path to public domain.

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

      --
      "There is nothing to do it. But to do it." -Floyd Pepper
    119. Re:No, Clearly a Horrible Anti-Fair Use Ruling by honkycat · · Score: 1

      No shit! But "the law does not require X" is hardly an argument against "the law should require X," now is it?

    120. Re:No, Clearly a Horrible Anti-Fair Use Ruling by darthvader100 · · Score: 1

      And the industry will blame your Stand against them as a sign that Piracy(Shiver me timbers) is on the increase and add more DRM.

      In order for this sort of thing to work you need publicity(preferably lots of it) and numbers(with publicity)

      Unfortunately the sad truth is that lost sales imply piracy.

      The real solution is to promote a piracy free paradigm (If you buy Iron man, you are contributing towards Iron Man 2, etc - though that doesn't always work[no way am i paying for catwoman 2 even if HB is hot])

    121. Re:No, Clearly a Horrible Anti-Fair Use Ruling by darthvader100 · · Score: 1

      But if you still have your soggy copy of 1984(with the contents illegible, but the cover readable), then you *could* use it as a license to *borrow* an ebook from a file-sharing friend. Provided that you keep the original cover as proof of ownership (it is the same as ripping a CD, and keeping the disc as proof of purchase)

    122. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      If writing software weren't "manufacturing" then why the fuck is Software Development considered an engineering discipline instead of a mathematical one?

      Exactly. As I told a programmer friend of mine (a CS grad), "just because you can describe the shape of a car with curve formulae doesn't make automobile manufacturing a branch of mathematics."

    123. Re:No, Clearly a Horrible Anti-Fair Use Ruling by rohan972 · · Score: 1

      Writing one yourself would be considered "manufacturing".

      DeCSS code is protected speech http://www.afterdawn.com/news/archive/5020.cfm
      I think compiling would be the manufacturing step. Writing it would still be speech.

    124. Re:No, Clearly a Horrible Anti-Fair Use Ruling by syousef · · Score: 1

      More robust media would actually mean that the media in question should come with it's own backup, in a burnable format so that a consumer could make a duplicate of the DVD/BlueRay/CD/etc *when* that physical media gets scratched or damaged in such a way as to make it non-playable on the intended media reader.

      No it doesn't. A backup is available even after the original fails no matter how durable that original was. If I have my collection on MyRobustMedia, and my house burns down, my collection is gone.

      --
      These posts express my own personal views, not those of my employer
    125. Re:No, Clearly a Horrible Anti-Fair Use Ruling by JosKarith · · Score: 1

      Sure it'll be backwards compatible. Complete with those unskippable "You wouldn't steal a car" ads, no scene selection/fast review (as they're not supported in the emulation), random freezing and drop-outs caused by the cheap-ass software emulation.
      Backwards compatibility is industry speak for "Stay locked into our format, and pay extra for a feature that doesn't actually work properly so will force you to re-buy everything, keeping you locked in for another hardware generation."

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    126. Re:No, Clearly a Horrible Anti-Fair Use Ruling by JosKarith · · Score: 1

      Because the car manufacturer is selling you a product, not a restricted licence. Can't have it both ways - I either own the CD and have the rights to do _anything_ I like with it, or I'm licencing a service so they have to replace the media if damaged.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    127. Re:No, Clearly a Horrible Anti-Fair Use Ruling by JosKarith · · Score: 1

      Oooh, I like this. I'd love to see a judge hand down a ruling that once you've bought a film the media company is liable for replacement of damaged copies for the duration of the copyright...

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    128. Re:No, Clearly a Horrible Anti-Fair Use Ruling by dpastern · · Score: 1

      Yes, it is horrible for the consumers. It is becoming more and more clear to me that the US legal system is severely fucked up, in favour of the RIAA and MPAA. The real way to break their stranglehold is for every single individual with a high speed Internet connection to continuously download illegal content. The courts can only fine you so much, and let's face it, fining someone a massive amount of money that they can't possibly pay back can only do so much as a deterrent. Taking people's possessions away will only result in resentment and anger and crime. It'll also result in fewer people being prepared to actually work, when they don't get any return for it (if the RIAA gets such a large portion of their pay packet that little is left for them to survive on). Furthermore, the Jail systems cannot hold so many people - either they put everyone in jails with a severe drop in quality of life in jail (violating the UN rights of the individuals), or introduce ultra harsh extremes like the death penalty for piracy. The problem with that is if everyone's doing it, and everyone gets punished, it leaves no workers for the rich powerful corporations, which means that they don't make any money. They wouldn't like that, and the US economy, and indeed, the world economy would collapse with no hope of recovery, and since our society is built on money and power, ultimately, society would collapse. I'd personally rather see that happen than let these bastards continously get away with their greed.

      You can't punish the vast majority of society - it just doesn't work. Oh, and removing the ability for the majority of the population to have an Internet connection just won't work either - it'd kill the entire communications industry and cause massive problems economically.

      Sometimes, civil disobedience on a massive scale is the only way to win. Solidarit.

      Dave

      --
      Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
    129. Re:No, Clearly a Horrible Anti-Fair Use Ruling by dpastern · · Score: 1

      Oh, and the legal systems can only act so fast. Clog them up and that system breaks. Something like this would need 95% of the Internet based population worldwide continously and brazenly downloading copyrighted material. Non stop.

      Dave

      --
      Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
    130. Re:No, Clearly a Horrible Anti-Fair Use Ruling by the_bard17 · · Score: 1

      Yeah, I had a feeling my cellmate might say that. He might think differently after I reach back, grip (after thoughtfully growing my fingernails out), impale, and twist. He might kill me afterwards, but a man's gotta die someday.

      Oh... yeah, convicted felon. Hmm. Sounds like I'll have to settle for being a pain in the arse for this country, then.

    131. Re:No, Clearly a Horrible Anti-Fair Use Ruling by Anonymous Coward · · Score: 0

      YANAL!

    132. Re:No, Clearly a Horrible Anti-Fair Use Ruling by jesset77 · · Score: 1

      The publisher has said that they don't want anyone in their market, so don't go out of your way to try to be in their market.

      No, it's not that they don't want anyone in their market. It is that they want everyone in their market shell shocked and buying the same drivel multiple times. Even if their supply of paying customers dwindles, they can overbill and rebill whoever is clueless enough to continue doing business with them and file for tax breaks against 200% of mis-calculated lost sales in the name of "piracy" while all the time collecting a cut on all blank media sold in the US and collecting on a parade of copyright infringement claims against any entrepreneur who attempts to do anything innovative regarding digital media. All of those funds (left over after lining executives' pockets) are re-invested in ensuring that no sufficiently clueless citizen sees or hears any media they don't happen to be selling.

      Aren't you glad we have intellectual property laws on the books to ensure that the market enriches both our creative minds and our public domain so carefully and competently? I, for one, am downright humbled.

      --
      People willing to trade their freedom of expression for temporary entertainment deserve neither and will lose both.
    133. Re:No, Clearly a Horrible Anti-Fair Use Ruling by USPTO · · Score: 1

      Section 1201 also says this:

      (c) OTHER RIGHTS, ETC., NOT AFFECTED- (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.

      This should suggest the ban on anti-circumvention does not apply to fair use, e.g., making a backup copy on your own hard drive for your own personal use.

  12. And no building your own printing press, either! by pla · · Score: 0

    So while it may well be fair use for an individual consumer to store a backup copy of a personally owned DVD on that individual's computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies.

    Nice doublespeak there, Marilyn, but a right that you have no way to exercise does not exist.

    Now, saying that Real violated the terms of the CSS license, I have no problem with. But extending your ruling to the more general case, I find both absurd and insulting.

    Consider yourself in contempt of rational humanity - I sentence you to arguing with an Intelligent Design proponent for 30 days or until you realize the problem with calling something definitionally (rather than factually) true (or il/legal).

  13. Kaleidoscope anyone? by Anonymous Coward · · Score: 0

    Still legal... but what make it different from Real Networks RealDVD? (Beside the fact it costs about 8K USD)

  14. decss by MancunianMaskMan · · Score: 2, Funny

    Real did not elect to return (or destroy, with appropriate certification) the CSS General Specifications

    maybe they used DVD Jon's version?

  15. Purchase AnyDVD HD before it's illegal by DigiShaman · · Score: 4, Informative

    This is exactly why I purchased my own copy of AnyDVD HD with a lifetime license (does not expire). Slysoft update's the ripping program at least once every two weeks, so you know many bugs are being worked out with ripping DVDs and BD disks.

    I would highly suggest purchasing this program before it becomes illegal to do so. If not by Slysoft, by some other company.

    http://www.slysoft.com/en/anydvdhd.html

    --
    Life is not for the lazy.
    1. Re:Purchase AnyDVD HD before it's illegal by just+fiddling+around · · Score: 1

      Well, it is already illegal, and has been so since the DMCA. FTFA: "a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies.' "

      At least, you can still possess it, for now.

      --
      You're not old until regret takes the place of your dreams.
    2. Re:Purchase AnyDVD HD before it's illegal by AtomicJake · · Score: 1

      Interestingly enough, your direct link to AnyDVD is illegal in Germany. Will we see STOP signs? Or will Gemany close /.?

    3. Re:Purchase AnyDVD HD before it's illegal by DigiShaman · · Score: 2, Insightful

      At least, you can still possess it, for now.

      Heh, ya. Just like my guns...

      --
      Life is not for the lazy.
    4. Re:Purchase AnyDVD HD before it's illegal by Anonymous Coward · · Score: 0

      Everyone griping about this should ship your ~$80-US to Antigua. Give SlySoft the resources to continue to do battle. And prepare for all hell to break loose when SlyPlayer is released. No, I don't work for or profit from SlySoft in any way. Buy DVDfab for all I care, http://www.dvdfab.com/ .

    5. Re:Purchase AnyDVD HD before it's illegal by Phillibuster · · Score: 1

      Slysoft update's the ripping program at least once every two weeks, so you know many bugs are being worked out with ripping DVDs and BD disks

      I'd be careful with the updates. With the history of so many 'upgrades' reducing functionality, I wouldn't be surprised if one day the update is going to disable the ability to copy DVDs.

    6. Re:Purchase AnyDVD HD before it's illegal by Anonymous Coward · · Score: 0

      I believe purchasing the software is already illegal. Paying for the program would be "trafficking," and as the company is based in Antigua, you would be importing.

      Both prohibited by 1201(b).

    7. Re:Purchase AnyDVD HD before it's illegal by VoltageX · · Score: 1

      Have you seen how expensive a lifetime license is?

      --
      "Anonymous could not immediately be reached for further comment." - International Business Times
    8. Re:Purchase AnyDVD HD before it's illegal by DigiShaman · · Score: 1

      According to the invoice, I paid 109 Euros for it. I'm not sure what the exchange rate was at the time, but currently that puts it about 155 Dollars. If I recall, that sounds about right when I looked at my bank statement then.

      --
      Life is not for the lazy.
    9. Re:Purchase AnyDVD HD before it's illegal by BitterOak · · Score: 1

      This is exactly why I purchased my own copy of AnyDVD HD with a lifetime license (does not expire). Slysoft update's the ripping program at least once every two weeks, so you know many bugs are being worked out with ripping DVDs and BD disks.

      I would highly suggest purchasing this program before it becomes illegal to do so. If not by Slysoft, by some other company.

      http://www.slysoft.com/en/anydvdhd.html

      So how is AnyDVD legal, while this RealDVD thing isn't?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    10. Re:Purchase AnyDVD HD before it's illegal by Anonymous Coward · · Score: 0

      Not a bad idea, but I was concerned that it wouldn't still work after several years. Then I found out it was closed source, so in order to make sure I had a good back up I downloaded it from WAREZ.TORRNTZ along with the crack, to remove that pesky license and limited installer. Now I can make sure that my backup program is backed up so I can backup my Netflix movies for later viewing.

      other side of the coin eh? /joke

      apt-get install k9copy anyways.....

    11. Re:Purchase AnyDVD HD before it's illegal by syousef · · Score: 1

      This is exactly why I purchased my own copy of AnyDVD HD with a lifetime license (does not expire). Slysoft update's the ripping program at least once every two weeks, so you know many bugs are being worked out with ripping DVDs and BD disks.

      I would highly suggest purchasing this program before it becomes illegal to do so. If not by Slysoft, by some other company.

      Sounds like it already is illegal, in which case downloading updates just implicates you as a criminal whether or not the main program becomes unavailable.

      Someone please stop this madness. The current laws are the epitome of turning the law against the people.

      --
      These posts express my own personal views, not those of my employer
  16. Welcome to Idiocracy by Evardsson · · Score: 5, Insightful

    FTA: 'So while it may well be fair use for an individual consumer to store a backup copy of a personally owned DVD on that individual's computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies.'

    Yes, the law says you can make and keep a backup copy of your DVD. But since the law also says that making or delivering a tool to do that is illegal, what are consumers expected to do?* Not everyone can afford to hire Superman to come over for the evening to burn backup DVDs with his laser vision. (Not to mention, he gets bored and starts flipping bits for the hell of it.)

    *BTW: consumers are expected to buy the same DVDs multiple times as they get scratched up, left on a windowsill to warp by your nephew or chewed up by your dog, That's what consumers are expected to do.

    --
    Death looks every man in the face. All any man can do is look back and smile. - Marcus Aurelius
    1. Re:Welcome to Idiocracy by Caledfwlch · · Score: 1

      "Idiocracy"... now there's a movie that I wouldn't care if I had a tool to crack the DRM!

      --
      These views express my own personal opinions, not those of the other voices in my head
    2. Re:Welcome to Idiocracy by NormalVisual · · Score: 3, Insightful

      consumers are expected to buy the same DVDs multiple times as they get scratched up, left on a windowsill to warp by your nephew or chewed up by your dog, That's what consumers are expected to do.

      And that's because they're consumers and not citizens. Citizens take an interest in what goes on in their society beyond the sound bite du jour, and the DMCA and absurd copyright extension laws would never have survived in the face of an active citizenry.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    3. Re:Welcome to Idiocracy by nine-times · · Score: 1

      Yes, the law says you can make and keep a backup copy of your DVD. But since the law also says that making or delivering a tool to do that is illegal, what are consumers expected to do?

      Find some better representation?

      Ultimately, this isn't the judge's fault, and it's not the judge's job to answer that question. A judge is typically restrained by the law. Every now and then they're in a situation where they can rule that a given law is unconstitutional, but otherwise, they just have to go by the law. The problem is the law is bad.

      So why is the law bad? Because a bunch of morons in Washington DC wrote a bad law. These morons weren't thinking about your best interest or my best interest. They were either (a) seriously misunderstanding the results the law would have; or (b) specifically catering to the publishing, music, and movie industries without concern about the damage to society. Either way, they weren't doing a good job of representing our interests.

      So what are we supposed to do? I say, we have to find better representation. We have to put better people and smarter people into office so that they can make the law right.

      If the system is really rigged so badly that we can't do that, then (as crazy as it sounds) at some point we should revolt. The government and these large companies are allowed to exist by us, collectively, by way of social contract. If no one is representing our interests, then the social contract is void, and we should stop allowing them to exist. Governments and companies have no intrinsic power or right to exist.

    4. Re:Welcome to Idiocracy by b4dc0d3r · · Score: 1

      If you copy it, they remind you that you only have a license. You can't do *everything* you want to do because you don't own it, you just have a license to listen to it.

      You should ask them for replacement media since you didn't purchase a physical object - your license is still valid while you have a product, unusable as it is. If they refuse, ask them if downloading a copy is permissable since you have a license to listen but no way of doing so.

      They can't have it both ways.

      Currently it is handled as a warranty item for console gaming - as if you purchased a physical product (example uses Wii)
      http://www.nintendo.com/consumer/systems/wii/en_na/ts/gameDiscReplacement.jsp

    5. Re:Welcome to Idiocracy by GNT · · Score: 1

      Yes, it is the judges fault. ANY law that is found to be self-contradictory IS VOID FOR VAGUENESS. The complete lack of common sense in judges, especially this twit Patel, who for some reason keeps getting these case, and is completely incapable of making the right choice, ie -- tossing this law out -- drives me to apoplexy.

    6. Re:Welcome to Idiocracy by AtomicJake · · Score: 1

      If you copy it, they remind you that you only have a license. You can't do *everything* you want to do because you don't own it, you just have a license to listen to it.

      You are wrong (at least for audio CDs and movie DVDs). If you bought a CD or DVD you own it. You can do with it whatever you want (note: this does NOT include violating the copyright - which is a distribution right); there is no EULA. Those licenses exist for software, though.

    7. Re:Welcome to Idiocracy by nine-times · · Score: 1

      Is the law really all that vague? I was under the impression that it was clear, and that distributing DRM-cracking technology was considered illegal.

    8. Re:Welcome to Idiocracy by Anonymous Coward · · Score: 0

      These contradiction laws can only be resolved when either DVD's or consumers become illegal. I'm betting on both.

    9. Re:Welcome to Idiocracy by syousef · · Score: 1

      Yes, the law says you can make and keep a backup copy of your DVD. But since the law also says that making or delivering a tool to do that is illegal, what are consumers expected to do?

      Wittle their own from Licoln Logs.

      --
      These posts express my own personal views, not those of my employer
  17. The problem is... by dbet · · Score: 2, Insightful

    Judges are not held accountable for their own bullshit. We just have to collectively hope they are fair, similar to dictators or kings. If they ruin lives, oh well.

    1. Re:The problem is... by Emerssso · · Score: 3, Insightful

      Judges are not held accountable for their own bullshit. We just have to collectively hope they are fair, similar to dictators or kings. If they ruin lives, oh well.

      What? As I understand it, a judge's purpose is to decide whether or not an individual (corporate or otherwise) has broken a law, not to legislate from the bench. Your statement makes no sense. This judge stated that her decision was based on the *laws* put in place by the legislature. Take your bitterness to your *elected* local Congressman, not the judge who has to muck around in the horseshit they spew and figure out what to do with it.

    2. Re:The problem is... by ShadowRangerRIT · · Score: 4, Insightful

      You can't really fault the judge for this. It's bad law, but explicit legislation trumps common law. Fair use is common law, created by the judiciary. The DMCA is legislative, passed by Congress and signed by the President. Common law is law of the gaps; the DMCA closed most of the gap, and the judge has no choice but to abide by it. If the case ever makes it to the Supreme Court, they have some leeway in striking or reinterpreting parts of the law, but a low level judge has to follow precedent and adhere closely to the letter of the law.

      --
      $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
    3. Re:The problem is... by AdmiralXyz · · Score: 4, Insightful

      Judges are not held accountable for their own bullshit. We just have to collectively hope they are fair, similar to dictators or kings. If they ruin lives, oh well.

      This is wrong, wrong, wrong. The purpose of judges is to uphold the law. This is true even citizens think the law sucks. Personally I think it sucks that the law prevents me from walking into Wal-Mart and grabbing all the money I can from the cash registers, but even if the judge agrees with me, I'm going to be prosecuted.

      Whether you agree with the it or not, the DMCA is extremely clear that RealDVD is illegal. There is no ambiguity in this case. As a result, the judge really had no choice but to enforce this ruling.

      Yes, the DMCA is retarded. Yes, the ruling implies that we have the right to make backups of our DVDs but not the means to make those backups, which makes no fucking sense. But decisions like that are not the domain of judges, nor should they be, unless the law is unconstitutional, which the DMCA, despite its many flaws, is not. Judges exist to enforce the laws that Congress passes. If you think the laws suck, your legislators are the ones you should be griping about. The judge made the right call here.

      --
      Dislike the Electoral College? Lobby your state to join the National Popular Vote Interstate Compact.
    4. Re:The problem is... by Theaetetus · · Score: 1

      Judges are not held accountable for their own bullshit.

      From the decision:

      However, the reach of the DMCA is vast and it does not allow courts the discretion to make this assessment and render a value judgment untethered from the language of the statute. In the words of Justice Cardozo, âoe[l]aws are not to be sacrificed by courts on the assumption that legislation is the play of whim and fancy.â People ex rel. Alpha Portland Cement Co. v. Knapp, 230 N.Y. 48, 62 (1920).The court is bound by the DMCA provisions at issue, even if it determines the extent to which innovative technologies realize their future potential.

      You'd rather have an activist judge overturning statutes left and right even though they're clearly not unconstitutional?

    5. Re:The problem is... by Anonymous Coward · · Score: 0

      I thought the point of our *3* branches of government was check and balance.

      Last time I looked the Legislative branch of the government wasn't the stop and start of the law.

      "Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court â" once the Supreme Court interprets a law, inferior courts must apply the Supreme Court's interpretation to the facts of a particular case." (from http://www.whitehouse.gov/our_government/judicial_branch/)

      Seems to me you need to take a course in understanding how our government works - as Judges do have the power to interpret - and always have - as it is written into the constitution.

    6. Re:The problem is... by FooAtWFU · · Score: 1

      I thought the purpose of judges was to toss you in jail for 6 months without a trial for contempt of court for a little disruptive yawning.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    7. Re:The problem is... by captaindomon · · Score: 1

      I agree with the parent. We shouldn't try to address the problem by creative judicial decisions. We need to work to get clear, easy to interpret laws passed that allow these things. As long as we continue to try to get the judicial to interpret laws the way we want them to, we're not going to make any headway.

      --
      Just because I can hook a shark from a boat, I do no offer to wrestle it in the water.
    8. Re:The problem is... by NormalVisual · · Score: 1

      Judges exist to enforce the laws that Congress passes.

      No, that's what the executive branch is for. Judges are there to interpret the law, and implicitly act as a brake on both the legislative and executive branches.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    9. Re:The problem is... by Anonymous Coward · · Score: 0

      Interpret the law, and apply the law do not mean throwing out the law if you don't like it. They can overrule laws if they are unconstitutional, but that doesn't apply in this case. The clear reading of the law says it is illegal to distribute DVD copying software, so there's not much wiggle room for creative interpretations.

    10. Re:The problem is... by Doctor_Jest · · Score: 1

      Maybe the DMCA will make it to the Supreme Court and they can handle it like they did Heller. If it is a right to make backups, but the law prohibits the means to make them, then it's unconstitutional. :) D.C.'s phantom "registrar" was set up to get around the problem of making guns "illegal". (which the powers that be in D.C. wanted). The DMCA quite similar in scope. D.C. never said you couldn't have guns, but the requirements for owning a handgun had a provision for registration that could not be fulfilled. No one is arguing that you can't make backups. You just can't get the software to do it. (Granted, you can in real life, but this is from a legal standpoint...)

      Of course we are talking about a basic Constitutionally enumerated (God-given as the founders mention) right vs. an implied right. But I think the same reasoning holds true. The right of the people to make archival backups of their own DVD collection is nil if law removes the ability to exercise that right through other means. Therefore the law is unconstitutional. *shrug* IANAL, so put the torches down if I'm off-base here. I am just spitballing. Seems reasonable to me. :)

      --
      It's the Stay-Puft Marshmallow Man.
    11. Re:The problem is... by Khelder · · Score: 2, Informative

      I agree that the judge made only decision possible under current law.

      However, I'd like to point out that fair use is statutory law:

      http://www.law.cornell.edu/uscode/17/107.html

      It's true that it has/leaves more room for interpretation by the courts than some statutes, but it's still based on statute.

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

      er, no.

      Fair Use was codified in 17 USC 107. (http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html)

      This case actually raises interesting questions of internal conflicts of laws. The judge decided that the DMCA narrows s 107 rather than s 107 narrowing the DMCA. The DMCA was drafted after 107 was codified, so maybe this was the right call. I don't know if she even addressed the issue because I haven't read the opinion - who rtfa on slashdot?

    13. Re:The problem is... by cdrguru · · Score: 1

      There is yawning and then there is disrespectful yawning. One thing that makes judges pissed off is even the hint of disrespect to their office or their proceedings.

      Yawning while a witness is testifying is one thing. Yawning while the judge is speaking can easily be interpreted as disrespectful and it is clear the judge did indeed interpret it that way.

      About the only thing a judge has going for them is respect for them and their office.

    14. Re:The problem is... by geekoid · · Score: 1

      False.
      They are held accountable.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    15. Re:The problem is... by Anonymous Coward · · Score: 0

      Again, NO. The proper function of a judge beyond being courtroom arbiter is to
      (1) Look to the Constitution and State Consititution and see whether or not the law falls under the enumerated powers. If not, it gets tossed. If yes, (2)
      (2) Is the law constructed so that a rational human can actually understand it? All 1000 page laws get tossed. If understandable goto (3)
      (3) Is the law self-contradictory (like DMCA)? If yes, toss.
      (4) Is the law vague? If yes, toss
      (5) Is the outcome UNCONSTITUTIONAL? If yes, toss

      The DMCA is actually ALL the above, Patel's absurd ruling, nonwithstanding. 200 years ago we could have taken her out and hanged her for stupidity.

    16. Re:The problem is... by GNT · · Score: 1

      No -- the purpose of a judge is to secure my rights. THAT is his function, THAT is what they are supposed to do, THAT is the piece that you weren't supposed to miss in civics class -- the government is not here to make me safe, it is here "to secure these rights, governments are instituted among men" and judges are there to secure rights -- and the LAW is the primary violator and what I am supposed to be guarded against.

    17. Re:The problem is... by db32 · · Score: 1

      From Wikipedia regarding Fair Use
      The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. 107
      Fair Use has been law for quite a bit longer than the DMCA has been law.

      --
      The only change I can believe in is what I find in my couch cushions.
    18. Re:The problem is... by CorporateSuit · · Score: 1

      But decisions like that are not the domain of judges, nor should they be, unless the law is unconstitutional, which the DMCA, despite its many flaws, is not.

      Yes it is. The 9th amendment.

      --
      I am the richest astronaut ever to win the superbowl.
    19. Re:The problem is... by jonaskoelker · · Score: 1

      Personally I think it sucks that the law prevents me from walking into Wal-Mart and grabbing all the money I can from the cash registers

      Do you think it sucks that the law forbids (not prevents) Wal-Mart from walking into your living room and grabbing all the stuff it can from your shelves?

      I would be in my best interest to take other people's stuff. However, it would not be in my best interest if taking people's stuff would generally be legal, and I have no basis to argue that the law should favor me when it comes to taking other people's stuff. So I make do with a law that's fair :-)

    20. Re:The problem is... by Anonymous Coward · · Score: 0

      "Fair use is common law, created by the judiciary."

      Get your fucking lies off this forum, liar.

      Fair use is codified in the 1976 Copyright Act.

      http://en.wikipedia.org/wiki/1976_Copyright_Act

    21. Re:The problem is... by Anonymous Coward · · Score: 0

      Hopefully RealNetworks will takes this that far if they can, IANAL but as far as I know, SCOTUS has a good habit of striking down "legal in name only but not legal in practicality" syles of laws. I'm pretty sure their is a SCOTUS precedent (i forget the exact case involved) that was mostly based on that style of thinking, that laws must make things legal/illegal in practicality and just just name only.

      can SCOTUS strike down a law for not being self-consistent and doing this kind of "legal in name but impossible to practice" style law?

    22. Re:The problem is... by ShadowRangerRIT · · Score: 1

      I stand corrected. I was misinformed, and passed it on without checking it. Thanks for the correction.

      That said, it appears clear that the conflict can, in a purely logical sense, only be resolved the way the judge ruled. Fair Use created a general right, but the DMCA cut off most avenues for exercising that right. Since the DMCA makes no exceptions for fair use, an established law at the time, she must work under the assumption that no exceptions are allowed.

      --
      $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
    23. Re:The problem is... by russotto · · Score: 1

      We shouldn't try to address the problem by creative judicial decisions. We need to work to get clear, easy to interpret laws passed that allow these things.

      And by what method do you expect to defeat the juggernaut which has managed to get clear, easy to interpret laws passed that forbid these things? The Senate vote was unanimous and the House vote was by acclimation. We have no allies with legislative power.

  18. What about bittorrent by Anonymous Coward · · Score: 0

    How will I ever back up my dvds!!?!?!?!?!

    Oh wait. I don't have any because they are overpriced, I'm not legally allowed to back them up anyways, and I hate the movie industry fat cats that they fund. Maybe if they made them:

    1) way cheaper (arn't they like 5 cents to make or something like that, being generous maybe even a whole dollar with the case)
    2) non-encrypted
    3) non-existant (non-encrypted and distributed online?)

    It's not really surprising that real got screwed here. We all know that we arn't actually allowed to make fair use copies. And that's why we all use linux to make fair use copies. (or just cut out the middleman and get it for free since the other option sucks.)

    1. Re:What about bittorrent by Jellybob · · Score: 2, Insightful

      1) way cheaper (arn't they like 5 cents to make or something like that, being generous maybe even a whole dollar with the case)

      You appear to be confusing the cost to produce the disk, and the cost to produce it's contents, and what you're in fact being asked to pay for.

      Unless the DVD you buy is completely blank, it cost more then 5 cents to produce.

    2. Re:What about bittorrent by Anonymous Coward · · Score: 0

      the funny part is that for every blank dvd sold in Italy riaa equivalent get some money out (more than 50% of the price) as to offset the piracy losses from blank dvd used from the bad guys (no really!)

      side question: we paid a blanket licence to copyright holders for every dvd, so are we entitled of a rip of any other dvd?
      a: no

    3. Re:What about bittorrent by foniksonik · · Score: 1

      You don't have kids do you?

      When/If you do you'll get to know the joy of children handling their Dora, Diego, Strawberry Shortcake, Wiggles, Weebles, Big Red Dog, Elmo, Baby/Young Einstein, the list goes on - DVDs with peanut butter encrusted fingers. These titles aren't cheap and even if you get them used at garage sales for $1 a piece, replacing them could be $20 - $30 or your child getting pissed randomly because their favorite episode is no longer available (no it's not the end of the world but they act like it is).

      Burning to disk and putting them in a media center for quick easy access is a godsend on cranky days when nothing else will work... no more having to wait 10 minutes while the non-skippable commercials and anti-copy notices play through - just straight to the episode you've set as a favorite and peaceful tranquility in your home.

       

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    4. Re:What about bittorrent by Hawke666 · · Score: 1

      Guess what? There's this amazing product called "soap" which can wash off a lot of things -- even peanut butter!

    5. Re:What about bittorrent by Anomalyst · · Score: 1

      IANAP (Parent). However, I have been in the presence of family with young children. From your normal position in/at your recliner/computer/stove, I defy you to outrun an ambulatory child transitioning from feeding mode to entertainment mode in a beeline for the player. I have no proof but am reasonably certain that they use a transporter to get from A to B, as it is the only explanation for their arrival at the destination so quickly. You are far more likely to exceed the speed of light coming down a staircase than to intercept that child, especially if your intent is to "clean them up" as that seems to double or triple the already mind-boggling velocity of their travel.

      --
      There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
    6. Re:What about bittorrent by Hawke666 · · Score: 1

      Yeah, but it's not like peanut butter permanently damages discs.

  19. Re:BitTorrent, the legal way of getting backup cop by BeardedChimp · · Score: 3, Interesting

    If it's a "DMCA violation to distribute products that enable consumers to override copyright owner preferences against unauthorized copying", then does that mean that repositries that distribute libcss2 are breaking the law?

  20. Anonymous Coward by Anonymous Coward · · Score: 0

    Another judge payed for by the Industry.

    You treat us a criminal - so we seek our own way.. its called freedom .. look it up some time industry you may be shocked to know it helped created your business. It can also end it. Its your choice...

    ()

  21. I wouldn't say this delays the distro of RealDVD by Centurix · · Score: 4, Funny

    More of a buffering really.

    --
    Task Mangler
  22. Stop making sense by Anonymous Coward · · Score: 1, Insightful

    You should know by now that the content of the actual law is not relevant--only how much or how little /. posters like it!

    You're obviously correct, by the way. The law may be an ass, but it's not a judge's job to kick that particular ass. If you don't like the law (and this one is supremely stupid), go change your lawmakers.

    1. Re:Stop making sense by Anonymous Coward · · Score: 1, Funny

      >>If you don't like the law (and this one is supremely stupid), go change your lawmakers.

      I thought we just did. Change we can believe in, right?

      I'm sure any moment now the dems will vote to repeal the DMCA. Right?

      Any... second... now....

  23. Re:BitTorrent, the legal way of getting backup cop by ShadowRangerRIT · · Score: 3, Insightful
    Yeah, but they wanted a test case against a private company with real money and little public support. As soon as a Linux distributor has enough money to be worth the bother, expect to see either:
    1. libcss2 to be removed from their repositories
    2. The company to reincorporate overseas to avoid DMCA (only possible for smaller companies)
    3. Lawsuits

    Of course, it doesn't help that RealDVD is more accessible to consumers, and takes the easy "wizard" approach of doing a single task well. libcss is not a special purpose ripping program, even if it enables that sort of functionality. RealDVD is.

    --
    $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
  24. Problem? by Anonymous Coward · · Score: 0

    Maybe I'm misunderstanding but how is this a problem for U.S consumers? You can still buy foreign applications to do the job as that is neither trafficing nor manufacturing anything in the U.S. Trafficing would be reselling or similar or is trafficin synonymous with buying now?

  25. You are free to shovel on your property, but... by ProteusQ · · Score: 1

    ...all shovels are illegal.

    That's my interpretation, but IANAL. Any thoughts from those how know something about law?

    1. Re:You are free to shovel on your property, but... by tnk1 · · Score: 1

      In this case, (the shovel analogy) shoveling is legal, and ownership of a shovel is also legal. Even making a shovel is legal. What is illegal is the distribution of shovels, free or not, to other people. You are also not permitted to use your shovel to shovel someone else's pile of dirt. You may only shovel dirt that you own already.

      Since most people are not in the possession of a forge to create a shovel blade, this usually means that only the people who can make shovels are the only ones who can actually shovel anything. So, unless you buy your land pre-shoveled from the previous owner (the movie distributor) who has charged you a significant landscaping fee for the service, you're shit out of luck.

      Of course, the analogy is imperfect because one could foresee someone making their own shovel in some manner, because it is actually a rather simple tool. Decoding an encryption scheme on a DVD, however, is a task requiring a lot of specific knowledge on the subject, as well as programming skills. Chances are good that creating such a tool, unless you could distribute it, would be a big waste of time.

    2. Re:You are free to shovel on your property, but... by MistrBlank · · Score: 1

      Except that in this analogy, you don't own the dirt, you are only granted right to use the dirt.

    3. Re:You are free to shovel on your property, but... by cdrguru · · Score: 1

      Further, gaining access to the encryption scheme (legally) on a DVD involves signing agreements that say you will not do certain things. Such as, specifically, distributing a tool to decrypt DVDs and copy them.

      I think what the core of this issue is about is the violation of that agreement.

    4. Re:You are free to shovel on your property, but... by VGPowerlord · · Score: 1

      In this case, (the shovel analogy) shoveling is legal, and ownership of a shovel is also legal. Even making a shovel is legal. What is illegal is the distribution of shovels, free or not, to other people. You are also not permitted to use your shovel to shovel someone else's pile of dirt. You may only shovel dirt that you own already.

      Actually, if this is a DMCA analogy, it's illegal to make (manufacture) your own shovel, too.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  26. Re:I wouldn't say this delays the distro of RealDV by Em+Emalb · · Score: 1

    lulz. Nicely done sir.

    I would say more, but my typing is buffering.

    --
    Sent from your iPad.
  27. Simple Solution by Anonymous Coward · · Score: 2, Insightful

    Stop buying movies that have anything to do with the MPAA. Stop going to movies at the theatres too...unless it's an independent film. While I'm ranting, stop buying anything musicwise associated with the RIAA. This site can help you find out who to boycott.

    Furthermore, reject the purchase of any media (music, movies, games) that utilize DRM. Don't even check-out these materials from your local library--for those lucky enough to have a library that offers music, movies, and software. While you are at it, if you have cable, shut it off othewise you're still giving money to these quasi-criminals.

    Don't even go to network television websites (or Hulu, etc.) to watch programs. They are getting ad revenue from advertisers everytime you go. This includes watching movie trailers anywhere that posts adverts. Yahoo! Movies comes to mind.

    Stop downloading ringtones from (insert your favorite band here) as if they are associated with the RIAA, they're likely getting royalties.

    Bottom line: vote with your damn wallet. I can't stress that enough. VOTE WITH YOUR WALLET. Support indepedent artists. Support independent film. Support your local public radio and television stations. Let's make the dinosaurs of big media the extinct creatures they should be.

    1. Re:Simple Solution by Anonymous Coward · · Score: 0

      Yeah that sounds easy. Actually that sounds really hard to do at all.

    2. Re:Simple Solution by Pentium100 · · Score: 1

      stop buying anything musicwise associated with the RIAA.

      Well, music and movies are not interchangeable as hardware devices (I want an MP3 player but hate Apple - I'll buy some other MP3 player). If I want that movie, I can either buy it or download it, I can't buy it from somewhere else.

      Furthermore, reject the purchase of any media (music, movies, games) that utilize DRM.

      That's easier for music, since CDs are still produced and do not have DRM. With movies the only non-DRM formats are CED, laserdisc, VHS and film and you can't buy new movies in those formats. If I want to buy an old movie, I'll buy VHS or laserdisc though.

      Don't even go to network television websites (or Hulu, etc.) to watch programs.

      I agree - you can record the movie from TV or just go to thepiratebay.

      Stop downloading ringtones from (insert your favorite band here) as if they are associated with the RIAA, they're likely getting royalties.

      This has always puzzled me. While some time ago cell phones could only play their specific ringtone formats and later MIDI files, the ringtone provider was necessary. Now my cell phone can play a mp3 file as a ringtone (probably all 4year old Nokia phones can), so there is no reason to buy a ringtone, you can make one yourself by (optionally) editing the mp3 file of the song and then copying it to the cellphone. I recorded the sounds that a dialup modem makes when connecting and use those as my ringtone.

    3. Re:Simple Solution by Anonymous Coward · · Score: 0

      I recorded the sounds that a dialup modem makes when connecting and use those as my ringtone.

      you are a sick, sick individual

  28. As opposed to an activist judge? by Theaetetus · · Score: 5, Insightful
    From the decision:

    However, the reach of the DMCA is vast and it does not allow courts the discretion to make this assessment and render a value judgment untethered from the language of the statute. In the words of Justice Cardozo, âoe[l]aws are not to be sacrificed by courts on the assumption that legislation is the play of whim and fancy.â People ex rel. Alpha Portland Cement Co. v. Knapp, 230 N.Y. 48, 62 (1920).The court is bound by the DMCA provisions at issue, even if it determines the extent to which innovative technologies realize their future potential.

    Basically, she's saying that Congress wrote this law, and it's not unconstitutional, so she can't strike it down. If you want to change it, contact your legislator. Don't biatch at her.

    1. Re:As opposed to an activist judge? by R2.0 · · Score: 2, Interesting

      "Basically, she's saying that Congress wrote this law, and it's not unconstitutional, so she can't strike it down. If you want to change it, contact your legislator. Don't biatch at her."

      Yes, that's what she is saying. What she didn't say is that the law fundamentally conflicts with previously established and adjudicated law. If we have a right to make a backup copy of a DVD, how can it then be illegal to make and distribute the means to back it up? In Miranda, the Supreme court established that a right is useless, and therefore abridged, if there is no means to execute that right.

      The media companies have every legal right to make it as hard as possible for me to copy their material; but Congress does not have the power to enforce that business decision under the color of law. Either copying DVD's under fair use is a right, (which makes her ruling incorrect), or copying DVD's under fair use is NOT a right, in which she should have had the balls to rule that way and take the appellate beat down.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:As opposed to an activist judge? by Theaetetus · · Score: 2, Insightful

      Yes, that's what she is saying. What she didn't say is that the law fundamentally conflicts with previously established and adjudicated law.

      Because it doesn't. A judge's job, when faced with two constitutional, but conflicting, statutes is to attempt to find a reading that is consistent with both. It's not to invalidate one, merely because the other came first. In fact, if anything, the later statute (the DMCA, in 1998) would be read as superceding the earlier statute (17 USC 107, in 1976).

      But if the judge can find a reading consistent with both, then she has to take it, even if it's not the optimal. Judges can't write laws.

      Here, the judge found a reading consistent with both: consumers have the protection of fair use as a defense to copyright infringement and manufacturers can't make or sell devices that circumvent copy-protection and encryption. These are logically consistent, even if it makes it really tough for consumers to make backups. You don't have a right to a backup - you have a right to use section 107 as a defense if you're sued. If we have a right to make a backup copy of a DVD, how can it then be illegal to make and distribute the means to back it up? Notwithstanding that you don't have "a right to make a backup copy", it's legal to possess an automatic weapon but not legal to make or sell them. It's legal to possess oxycontin, but illegal to sell it without a prescription. It's legal to possess bongs, but illegal to sell them. The law is not required to make everything easy.

      In Miranda, the Supreme court established that a right is useless, and therefore abridged, if there is no means to execute that right.

      This is Slashdot, and you're trying to claim that you have no way of making a backup of a DVD unless you use the RealNetwork's utility? Really?

      The media companies have every legal right to make it as hard as possible for me to copy their material; but Congress does not have the power to enforce that business decision under the color of law.

      They're not enforcing a business decision. They're saying "it's illegal to sell a protection-circumvention mechanism". Same sort of thing as requiring licensing for buying lockpicks.

    3. Re:As opposed to an activist judge? by _Sprocket_ · · Score: 1

      In Miranda, the Supreme court established that a right is useless, and therefore abridged, if there is no means to execute that right.

      This is Slashdot, and you're trying to claim that you have no way of making a backup of a DVD unless you use the RealNetwork's utility? Really?

      Moot point. I know all manner of ways to use technology to circumvent the law. Doesn't mean that I should have to in order to exercise my legal rights. And it doesn't mean someone with less technical knowledge should be unable to exercise their rights.

    4. Re:As opposed to an activist judge? by Theaetetus · · Score: 1

      Moot point. I know all manner of ways to use technology to circumvent the law. Doesn't mean that I should have to in order to exercise my legal rights. And it doesn't mean someone with less technical knowledge should be unable to exercise their rights.

      What's moot about it? The GP's point was that a right is useless if there are no ways to execute it. You admit that there are myriad ways to execute it. So the problem is that it's not so completely easy that any idiot can do all of them simultaneously while juggling chainsaws? And that somehow, this is the judge's fault?

    5. Re:As opposed to an activist judge? by R2.0 · · Score: 1

      But if the judge can find a reading consistent with both, then she has to take it, even if it's not the optimal. Judges can't write laws.

      Here, the judge found a reading consistent with both: consumers have the protection of fair use as a defense to copyright infringement and manufacturers can't make or sell devices that circumvent copy-protection and encryption. These are logically consistent, even if it makes it effectively impossible for consumers to make backups.

      Change 2 words, and that doesn't make a lot of sense, does it? Because , per the wording of the DMCA, you cannot CREATE a means of circumventing that protection, even if it's for personal use. The DMCA says, in effect, that if a manufacturer puts encryption on a piece of media, copying it is a violation of the law. Period. There previous law says that copying for a backup copy is a defense against copyright claim. So, in a single action I am both subject to and defended against prosecution. How can that not be a conflict?

      Following on, if we are to take the position that the provisions of the DMCA supercede the previous law, fine - then THAT's the way she should have ruled (as I pointed out in my post).

      This is Slashdot, and you're trying to claim that you have no way of making a backup of a DVD unless you use the RealNetwork's utility? Really?

      Finally, cut me a frikken break - you argue for half a page regarding the law, precedence, and judicial practice, and are then going to pretend this case was just about this one piece of software? As many comments have noted, as nice as it is to see Real Networks get spanked, that's not what this is about, is it?

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    6. Re:As opposed to an activist judge? by Theaetetus · · Score: 1

      The DMCA says, in effect, that if a manufacturer puts encryption on a piece of media, copying it is a violation of the law. Period.

      I'm amused that you can say a declaratory statement, ending with an emphatic "period", while simultaneously hedging with "in effect". The DMCA says no such thing. You are perfectly free to make a backup copy of the piece of media. You are not free to create a derivative work by disabling encryption. That violates their copyright.

      There previous law says that copying for a backup copy is a defense against copyright claim. So, in a single action I am both subject to and defended against prosecution. How can that not be a conflict?

      Because you're not making a copy. You're modifying the original and making a new, derivative work. How can that possibly be a "backup copy" if it's not the same as the original?

      Following on, if we are to take the position that the provisions of the DMCA supercede the previous law, fine - then THAT's the way she should have ruled (as I pointed out in my post).

      She could have, but there was no need - and judges are only allow to rule that if there's no way the two laws can coexist. Here, they can - you can make backup copies, and you can't create a device for disabling encryption.

      Finally, cut me a frikken break - you argue for half a page regarding the law, precedence, and judicial practice, and are then going to pretend this case was just about this one piece of software? As many comments have noted, as nice as it is to see Real Networks get spanked, that's not what this is about, is it?

      And what's your point here? You stated the lofty rhetoric from Miranda that "a right is useless, and therefore abridged, if there is no means to execute that right" and I said that there were plenty of means to execute this right. You can probably name a dozen off the top of your head. And your response to that is... 'well, it's not just about this one piece of software'? Nice backpedaling. Your citation to Miranda was misplaced and irrelevant.

    7. Re:As opposed to an activist judge? by _Sprocket_ · · Score: 1

      If the only way I can exercise a right is by breaking the law, then I'm not free to exercise that right. Yes, I know how to break the law and accomplish the task. I shouldn't have to break the law.

      The problem isn't that it's "not so completely easy that any idiot can do all of them simultaneously while juggling chainsaws." The problem is that it requires very specialized knowledge to exercise that right due to legal barriers (assuming THAT is possible - likely not). Technical barriers isn't a legal issue and entirely beyond my point so you can safely put your chainsaws down.

    8. Re:As opposed to an activist judge? by Theaetetus · · Score: 1

      If the only way I can exercise a right is by breaking the law, then I'm not free to exercise that right.

      Ah, ha! There's the problem. You may not fully understand the law - the DMCA makes it illegal to manufacture or sell circumvention technology. Manufacturing and selling have nothing to do with Fair Use. You need neither be a manufacturer nor a retailer to make a backup of media.

      Look - I know that this creates a situation where it's tough for people to make backups, my point is that it's not legally inconsistent. For example - let's say that it's legal to possess marijuana in certain amounts (as it is in Massachusetts, for example), and let's also say that there's a statute that makes it illegal to sell or distribute (as there is). Those statutes are not inconsistent. What they end up doing is criminalizing dealing, but not purchasing or possessing. Same thing. Though it ends up being a sucky situation with a confusing mishmash of laws, they're neither inconsistent or unconstiutional (and thus able to be invalided by a judge). Here, the two statutes are consistent and not unconstitutional. Therefore, to fix it, you have to go to the legislature. If the judge had either invalidated the DMCA, or invalidated Fair Use, she would have been overstepping her bounds.

    9. Re:As opposed to an activist judge? by DragonWriter · · Score: 1

      What she didn't say is that the law fundamentally conflicts with previously established and adjudicated law.

      New laws are allowed to do that.

      If we have a right to make a backup copy of a DVD, how can it then be illegal to make and distribute the means to back it up?

      It can't, because it being illegal is the same thing as not having the right. However, insofar as the right is statutory in origin, a new statute can eliminate the right.

      In Miranda, the Supreme court established that a right is useless, and therefore abridged, if there is no means to execute that right.

      Miranda was a ruling on a Constitutional right. There is an important difference between statutory and Constitutional rights, since a later statutory enactment can alter, restrict, or eliminate a statutory right, but cannot do so to a Constitutional right.

      Either copying DVD's under fair use is a right [...]

      Its not. "Fair use" is not a right, it is a limitation on the exclusive rights given to copyright holders under copyright. It overlaps with first amendment rights, but backup copies aren't protected by the First Amendment.

      Anyhow, even if it were a right under statute law existing before the DMCA, it would be a statutory right, which means that the DMCA, as a newer statute, would be free to modify or even eliminate the right.

    10. Re:As opposed to an activist judge? by R2.0 · · Score: 1

      How is making a backup copy a derivative work?

      If it is because the "copy" isn't bit-for-bit, then the solution would be to say "Fine - consumers are not breaking the law if they make a bit-for-bit copy of a DVD. How would a consumer do that? By obtaining the keys from the content provider. But the content provider won't provide the keys. Which brings us back to the DMCA.

      Allow me to ask a question: How would someone LEGALLY make a backup copy of a DVD that would not run afoul of the DMCA. You say things like "This is slashdot" and "you can probably name..." referring to the multiple ways to make a backup copy of a DVD. Well, the only ways I know of are illegal under the DMCA.

      Educate me.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    11. Re:As opposed to an activist judge? by R2.0 · · Score: 1

      You reinforce the last part of my comment - the judge didn't say "the DMCA supercedes the previous statute." She affirmed the previous statute and ruled that they do no conflict.

      You are defending the judge's decision based on principles that the judge did not herself use. If it's that cut and dried, and the DMCA simply supercedes the previous statute, why did she not say so?

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    12. Re:As opposed to an activist judge? by Theaetetus · · Score: 1

      How is making a backup copy a derivative work?

      What I said: Because you're not making a copy. You're modifying the original and making a new, derivative work. How can that possibly be a "backup copy" if it's not the same as the original?

      Making a backup is a backup. But if you edit and decrypt the original, then the backup is no longer a backup. It's a derivative work.

      If it is because the "copy" isn't bit-for-bit

      This. Same thing happens if you make a "backup copy" of a book, but just happen to remove the pages at the beginning with the copyright and author information. It's not a backup anymore, it's infringement.

      then the solution would be to say "Fine - consumers are not breaking the law if they make a bit-for-bit copy of a DVD.

      That is the law. It was not an issue in this case, however, because no one was claiming that Real's software made a bit-for-bit copy. Judges aren't allowed to rule on issues that aren't in the case before them.

      How would a consumer do that? By obtaining the keys from the content provider. But the content provider won't provide the keys.

      And you think the content provider is obligated to provide the keys? Since when? This is like saying that if someone has an easement across your property, you're also required to give them your housekeys and the combination to your safe.

      Allow me to ask a question: How would someone LEGALLY make a backup copy of a DVD that would not run afoul of the DMCA.

      Metal press. Or high resolution camera. Or bitwise copy mechanism. As long as you're not moving any bits around, it's not a deencryption scheme, nor does it make a derivative work.

    13. Re:As opposed to an activist judge? by DragonWriter · · Score: 1

      You reinforce the last part of my comment - the judge didn't say "the DMCA supercedes the previous statute." She affirmed the previous statute and ruled that they do no conflict.

      That's because they don't conflict.

      The fair use provision limits the scope of applicability of the exclusive rights provided in one section of copyright law. It has no bearing on the applicability of the DMCA restrictions, which are completely different provision than the one it limits.

      You are defending the judge's decision based on principles that the judge did not herself use.

      No, I'm not. I was pointing out that the argument you made, which had as a premise that there was a conflict, would fail even if one assumed that premise to be correct, because new statutes can change rights granted under existing ones.

      It also fails because there is no conflict in the first place. An argument can be wrong for more than one reason.

  29. Re:BitTorrent, the legal way of getting backup cop by Anonymous Coward · · Score: 0

    VHS?

  30. Re:And no building your own printing press, either by Desler · · Score: 2, Insightful

    Nice doublespeak there, Marilyn, but a right that you have no way to exercise does not exist.

    But Fair Use isn't a right. Fair Use only exists because Congress codified exceptions in the 1976 Copyright Act to allow people to do certain things without them being a violation of copyright. Congress can revoke such fair use at any time they want since they created such exemptions in the first place.

  31. The REAL problem is... by crmarvin42 · · Score: 1

    The law contradicts itself, and judges are not allowed to rewrite the law as they see fit. Only the first part of that is actually a problem. The second half is intentional to prevent judges from "ruining lives" on a whim, since many judges are appointed for indefinite terms of office, and the supreme court judges are appointed for life.

    I would be very surprised if the Judge wouldn't have prefered ruling the other way. However, the law is what it is. Condemning the judge for something they cannot control is myopic. Real is free to appeal the ruling to a higher court, where one of the laws can be struck down, but the court this case was decided in does not have that authority.

    This case was never going to end in this court room. Too much is at stake for all involved.

    --
    Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
  32. Just Ask? by Anonymous Coward · · Score: 0

    Has anyone ever mailed the content owner and asked if they could make a backup copy? If they replied with a yes, could you then legally use libcss2 or whatever to copy the DVD?

  33. Re:BitTorrent, the legal way of getting backup cop by xaxa · · Score: 1

    Didn't Debian used to have a server somewhere in Europe for distributing encryption stuff that wasn't allowed to be distributed in the USA?

    (I don't remember the details, as I don't live in the USA so it didn't affect me.)

  34. What DVDs? by Anonymous Coward · · Score: 0

    My perspective is different. I have no problem buying any glitzy DVDs I want, and then ripping them to my hard drive for quieter hours. But I cannot even think of a current DVD I really want. There are some classic movies I'd like, but it seems they are not on DVD in any language, except from most mysterious sources. I will pay, happily, but not if the 'industry' delivers only jejeune junk.

  35. There is one solution... by Anonymous Coward · · Score: 1, Interesting

    Boycott.

    Every time we buy their product, we give them the power to fuck us in the ass. That's exactly where our money is going. If that is acceptable, then don't complain.

    No illusions. This is the only thing that frightens them and it is the only thing that will stop their abuse.

  36. Re:BitTorrent, the legal way of getting backup cop by Anonymous Coward · · Score: 0

    i think already libcss2 is stored in third party repos, though I guess even Ubuntu ships with these repos available just by clicking through an ok/cancel dialog

  37. The opposite of a Bong by blackfrancis75 · · Score: 3, Interesting

    This is a really strange reversal of the laws that govern Marijuana:
    In many countries it's illegal to smoke marijuana, but legal to sell the tools to do so (Head Shops).
    In America, it's legal to make copies of your DVDs, but illegal to sell tools to do so..

    Kind of makes a mockery of the law, doesn't it?

  38. Good ruling, bad law by Junior+J.+Junior+III · · Score: 1

    It seems to me that the judge applied the law correctly as it is written; however, the law is bad. It'd be nice if the law could be struck down in a court case, but that's only going to happen if the law violates the constitution, not simply because the law is stupid. Write your congressman, or run for congress yourself. This is why things like the (stupidly named) Pirate Party need to be supported.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:Good ruling, bad law by ivan256 · · Score: 2, Interesting

      After a ruling like this, congress should be proactive and fix the law. But they won't. Why? 'cause they could give two shits about making things right. They're busy trying to make themselves look good. So they're going to be 100% focused on "fixing" health care.

    2. Re:Good ruling, bad law by residieu · · Score: 1

      Congress won't "fix" the law because the law is doing exactly what it was intended for. Real doesn't have enough money to push Congress around.

    3. Re:Good ruling, bad law by Junior+J.+Junior+III · · Score: 1

      After a ruling like this, congress should be proactive and fix the law. But they won't. Why? 'cause they could give two shits about making things right.

      Because they can't do anything right.

      Also, not to quibble, but if Congress did act now, it would be reactive, not proactive.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    4. Re:Good ruling, bad law by cyber-vandal · · Score: 1

      Which normal people would think is just a teensy little bit more important than whether ripping a DVD to XVid is legal or not.

    5. Re:Good ruling, bad law by ivan256 · · Score: 1

      If by "normal" you mean "stupid", sure.

      Congress' job is to legislate, not to play politics. And not just legislate on one issue. They are supposed to represent the needs of the country, not put on a show to win them as many possible votes and campaign dollars as possible.

      Lets not create the false dichotomy of having to choose between fixing health care, and fixing one industry pushing a company in another industry out of business using an unintended effect of some broken legislation. They can fix both. (Though I have my doubts that they know how to fix health care. And even bigger doubts that they would do the right thing instead of playing politics with the issue even if they knew the right way to fix it..)

    6. Re:Good ruling, bad law by cyber-vandal · · Score: 1

      Stupid in your opinion. But then you obviously haven't had any problem getting healthcare, else I'm sure your opinion would be different. "Socialised" medicine hasn't ruined the economies of any of the other countries that it exists in, why is it somehow stupid to have it in your country. Or do you think that you'll always be able to afford (or have your company pay for) your healthcare?

    7. Re:Good ruling, bad law by ivan256 · · Score: 1

      Stupid in your opinion. But then you obviously haven't had any problem getting healthcare, else I'm sure your opinion would be different. "Socialised" medicine hasn't ruined the [...]

      Way to ignore my point and start arguing about something completely different.

      In case you were wondering, and are too lazy to go re-read my comment, my point was that congress has lots of jobs, and they shouldn't be able to ignore most of them so that they can showboat on the politically popular ones.

  39. Write your own tool to do it? Umm, don't see how? by King_TJ · · Score: 1

    The courts seem to be saying that simply because DVD movies are encrypted, the laws banning unauthorized decryption of said content trump one's "fair use" rights to copy the source material.

    (That's the only logical conclusion I can draw from their making the distinction to Real Networks that their unwillingness to "return or destroy" the CSS agreement constituted their loss of rights to market this product.)

    Ultimately, such an agreement is either legally binding, or it isn't -- and if "fair use" rights trumped it, then it shouldn't be legally binding anymore.

    If you go off and develop your own tool to make DVD backups, you *have* to break the encryption to successfully do it - so once again, you're doing something illegal. The fact you didn't obtain it from someone else seems to be irrelevant. This is why we need to repeal the DMCA.....

  40. Overturning bad laws? by phorm · · Score: 1

    I could be wrong, but don't judges and/or the courts have the ability to overturn stupid laws. If the law conflicts with your rights to personal use, then that law needs to be shot down.

    I know this happens with laws that are unconstitutional. Fair use is AFAIK not a constitutional issue, but couldn't the bad law still be shot down?

    1. Re:Overturning bad laws? by cdrguru · · Score: 1

      Not at the level this trial was conducted at.

      Move up to the federal appeliate level and things change a little. There you can have precedent. But even at this court you do not get to overturn laws. It might come out that the law while seeming to apply doesn't really in this case.

      Probably this would have to go to the Supreme Court for a constitutional decision. There is where laws are overturned, not just decided that they do not apply.

    2. Re:Overturning bad laws? by Zxern · · Score: 1

      I think a case can be made that the DMCA violates the first amendment by abridged fair use and with it parody which is recognized as free speech. Of course the MPAA would never let a case get that far, so it would have to be done by a group with the explicit purpose of bringing a case to that point.

  41. Re:And no building your own printing press, either by Anonymous Coward · · Score: 0

    Nice doublespeak there, Marilyn, but a right that you have no way to exercise does not exist.

    But Fair Use isn't a right. Fair Use only exists because Congress codified exceptions in the 1976 Copyright Act to allow people to do certain things without them being a violation of copyright. Congress can revoke such fair use at any time they want since they created such exemptions in the first place.

    I think you've got that a bit backwards, Congress created copyright laws (along with other IP law) and can recind them or define limits (such as Fair Use). Copyright is not a natural right and because information and ideas aren't dependent on property to exist (i.e. they can exist in a person's mind regardless if they are ever recorded elsewhere) the default state is total free use for every creative or intellectual work someone wants to share. The only way this wouldn't be the case is if people don't have the innate right to learn and think about what they have learned. The orginal intent of IP law was to encourage the creation and sharing of these works through means of a limited, artificial monopoly, giving people a both a profit motive and potentially allow the creators to have a primary income source marketing their creation. Given sane lengths and a restrengthed Fair Use protections, it can do so properly. However, in its current form copyright usually enriches parasitic non-creators, often at the expense of both the actual creative talent and the general public.

  42. Re:BitTorrent, the legal way of getting backup cop by IBBoard · · Score: 2, Informative

    Yes - in America. That's part of why Fedora doesn't include it but Suse does - Fedora is quite American-centric, while Suse has always been quite German-centric. Just because using libcss2 in the US is illegal to make use of "fair use" rights doesn't mean that it's illegal in the rest of the world ;)

  43. Re:This is your life, slashdot! by Anonymous Coward · · Score: 0, Insightful

    Except the part where nobody's forcing you to read slashdot. Go away. Do your job.

  44. Real "took over" online media???? by Shakrai · · Score: 1

    While I hate RealNetworks and all it stands for, and will never forgive them for taking over online media with their crappy bloated players and codecs

    How do you figure that Real "took over" online media? Most of the online media that I interact with these does uses Flash. A smaller percentage uses Sliverlight and/or WMP. I honestly can't remember the last time I ran across a site that uses Real exclusively and I don't even have the bloatware loaded on my PC anymore.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
    1. Re:Real "took over" online media???? by old_skul · · Score: 1

      I guess you have to have been around the net since around 1996, when Real burst on to the scene. They were among the first to offer video to the desktop, long before Flash, Macromedia Director, or any of the now-Adobe ilk came into vogue.

      It used to be that in Windows, you had to install a 3rd party player to play video. Real was the industry leader and all the media companies released in Real format (.rm, .ram, etc.). Their player was nifty at first, but like all do-it-all players, eventually became a bogged-down bloatware monster.

    2. Re:Real "took over" online media???? by markkezner · · Score: 1

      I believe he was referring to a time in the 90's and early 2000's when a large chunk of online audio\video was in Real networks' format. Thankfully, their market share has faded since then.

      --
      Dangerous, sexy, turing complete: Femme Bots
  45. Re:And no building your own printing press, either by JesseMcDonald · · Score: 1

    But Fair Use isn't a right.

    On the contrary, Fair Use is what little remains of a much more extensive natural right which was violated to create the force-backed monopoly privilege known as copyright. The right remains, of course, but is no longer recognized by the law or upheld by those charged with enforcing the same.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  46. "A device or tool" - so any computer, then? by IBBoard · · Score: 2, Insightful

    a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies

    My computer can copy bits from a CD, making it a device or tool that permits me (a customer) to copy copyrighted stuff. Does that make my computer illegal as well (if I ever hauled it to America)?

    1. Re:"A device or tool" - so any computer, then? by geekoid · · Score: 1

      Only if you are using it to crack the encryption.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:"A device or tool" - so any computer, then? by Landshark17 · · Score: 1

      Please don't give them any ideas.

      --
      This sig is false.
    3. Re:"A device or tool" - so any computer, then? by dangitman · · Score: 1

      My computer can copy bits from a CD, making it a device or tool that permits me (a customer) to copy copyrighted stuff. Does that make my computer illegal as well (if I ever hauled it to America)?

      No. It's not illegal to copy a CD or DVD. What's illegal is circumventing the copy protection mechanism. You can easily make a copy without removing CSS, perfectly legally.

      Also, as the case with vide recorders went, it's not illegal to supply or use tools that can be used to violate copyright, as long as said device has significant non-infringing uses. Which clearly your computer does.

      --
      ... and then they built the supercollider.
  47. Kaleidescape by Anonymous Coward · · Score: 1, Informative

    Didn't Kaleidescape win this same argument in 2007? See the Slashdot article: http://yro.slashdot.org/yro/07/04/29/1913251.shtml

    How is the RealDVD case any different?

  48. The problem is with the law, not the ruling by Sloppy · · Score: 1

    every DVD copying solution seems to be illegal.

    DMCA doesn't say anything about copying. It prohibits access. Once you have the plaintext, DMCA doesn't say a single word about what you do with it next, whether it's writing it to other storage, or sending it to a screen.

    Why are you focusing on copying? It's just as illegal to play (without authorization) a DVD as copy it. (Do you have authorization? Got it in writing? Got any evidence, at all?)

    If you don't want to violate DMCA, download pirated copies and play those. It might not be legal to get 'em, but at least it's legal to use them, and you can't say that about a DVD.

    I'd go easy on the judge. The law is designed to make anyone who watches movies into a criminal, whether they buy those movies or not. He upheld the law's purpose, to the detriment of movie industry (who would undoubtably benefit by having movie players, such as Real's product, legally available on the market).

    What people need to do about this, is either repeal DMCA, or obey DMCA and keep on pirating until the MPAA companies die, so that no one will be using DRM anymore. And then we can have a for-profit movie industry again. And if there are any players in the existing industry who want a place in the future for-profit one, here's the solution for you: stop using DRM.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  49. Laws cannot be contraditory by beldraen · · Score: 1

    It is a misunderstanding to say that the laws are coming into conflict. As an example, if it was against the law to drive less than 50 mph and above 40 mph on a road, you are guilty of one or both for driving on the road. Law is about one question: which, if any laws, have you violated. For those with which you are guilty, what should be your punishment. This is why the law is about people finding people guilty or not guilty. Innocence is not a part of law. Unfortunately, laws that are astutely obvious get struck down because there is enough outrage.

    The DMCA was written specifically to kill fair use without actually striking down fair use. In an admiring-an-evil-genus way, I'm impressed withe DMCA.

    --
    Bel, the mostly sane.. "Of course I can't see anything! I'm standing on the shoulders of idiots." -- Me
  50. No by macemoneta · · Score: 1

    I think that the lawyers involved were not technically oriented. DVD copying does not involve decoding or violating the DMCA in any way. For example, you can copy a DVD with a simple:

    dd if=/dev/sr0 of=mydvd.iso

    I think they were referring to the decoding of the content, which occurs on transcoding or playback. The copy itself does not involve any decoding of CSS.

    --

    Can You Say Linux? I Knew That You Could.

    1. Re:No by cdrguru · · Score: 2, Informative

      Uh, no, that is not correct.

      CSS-protected DVDs have a title key which until the proper key is presented to the drive prevents you from copying protected sectors from the disc. So your dd command will fail when it gets to protected (aka scrambled) sectors.

      Once you get the title key set correctly, the drive will then let you read all the sectors. The rest of the CSS protection involves encryption of those protected sectors. You could, in theory, put off that decryption operation until you went to play the material and just copy the encrypted sectors.

      So you can copy without decryption but not unlocking access. Both are part of CSS protection and are therefore covered by DMCA. And the only way you get to find out how it works - legally - is through signing an agreement with the DVD Copy Control Authority, part of the DVD Forum. The big deal seems to be that Real violated their agreement with DVD CCA.

    2. Re:No by macemoneta · · Score: 2, Interesting

      You're right; you can only do this on DVDs after the title key has been presented.

      However, if I start to play the DVD and quit, I can then copy it. The copying software itself obviously is not decrypting/circumventing anything, so why is it covered under DMCA?

      --

      Can You Say Linux? I Knew That You Could.

    3. Re:No by StikyPad · · Score: 1

      Because it *is* circumventing the protection mechanism. You don't have to decrypt to circumvent *copy protection*, and the fact that there exists a weakness in that protection makes no difference. The same is true of anything else.. you don't get to copy dollars just because you can, or take things out of my house just because because you found my keys, or because the door opens when you kick it really hard.

      I agree 100% that the DMCA is a bad law, but you're trying to argue that because the protection has a flaw, it shouldn't be covered, which is neither logical nor true.

    4. Re:No by david_thornley · · Score: 1

      The WIPO treaty and (I think) the DMCA refer to effective anti-copying measures. You can't just quickly obfuscate stuff and expect to be protected under the law as written. The question is what is effective, in a legal sense, but it might well be legal to copy something if it's easy enough.

      Of course, if you do that, and get convicted, you don't get to blame me.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    5. Re:No by macemoneta · · Score: 1

      Copy 'protection' that is so ineffective that you don't even notice is not copy protection in any sense.

      1. Pop in a DVD.
      2. Play with your favorite player for a while.
      3. Decide to copy the DVD to your HD.
      4. Done.

      When did a circumvention occur? Certainly not during the playback, which is legal. Certainly not during the copy, since no keys were even used.

      The problem is with the law, not with the technology. I legally own the DVD. I legally own the player. I should legally be able to play the content. Playing the movie on my laptop or PMP does not take money out anyone's pocket. I paid for the content and the hardware. Beyond that, it's none of the industry's business what I do.

      --

      Can You Say Linux? I Knew That You Could.

    6. Re:No by StikyPad · · Score: 1

      Obviously the circumvention occurred when you made the copy. Maybe you could argue that you didn't do it intentionally, and that you weren't even aware that copy protection existed, but intent is *not* 100% of the law, and ignorance is never an affirmative defense.

      I agree that the problem is with the law.. in fact, that's my whole point.

    7. Re:No by macemoneta · · Score: 1

      The 'circumvention' you're referring to occurred in the firmware of the DVD drive, and is in accordance with the requirements of the movie industry.

      The copy operation does not involve a circumvention, as it only asks the DVD drive for data, and the drive complies. Per the DMCA:

      Circumvention, according to Section 1201(a)(3)(A), means "to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner."

      No such action occurred for the copy.

      --

      Can You Say Linux? I Knew That You Could.

    8. Re:No by pugugly · · Score: 1

      The problem is none of these are equivalent to the 'crime' in question. We're not talking about the digital equivalent of breaking and entering into a locked store in the middle of the night.

      We're talking about the digital equivalent of being invited onto property during the course of doing public business during standard business hours, then having the manager accuse you of breaking and entering - and asserting that merely because the door was unlocked and you were doing standard business during standard business hours, you are still breaking and entering.

      And having the Judge somehow find this logical.

      Three things badly need to happen.

      A) The courts need to overturn several dumb on the face of them precedents that are holding consumers to contracts in ways expressly forbidden by the Uniform Commercial Code. There are all sorts of shortcuts available 'Between Merchants' that are exceptions applied to make doing business convenient. Unfortunately, the coursts have expressly said that these distinctions are a pain to decide on, so they treat everyone as a merchant - the exact opposite of what the UCC actually reads where the consumer protections are actually clearly written in the main text and the merchants are clearly listed as exceptions.

      B) The "Owner of a Copy" Provisions of copyright need to be enforced. I wish the term were defined properly in USC 17 definitions like it should be, but there are provisions throughout the copyright act that explicitly limit the whole "You don't own a copy, you own a license" argument - spells them out in black and white. The courts have flat out ignored them.

      C) Courts that think UCC code shouldn't apply to License agreements should quit writing wonderfully sarcastic opinions about the UCC and software licenses that ignore the actual wording of the UCC as written is favor of enforcing illegal agreements and say that there is no such legal document as a 'license'. If it's a contract, enforce it as a contract. If it's not a contract, don't enforce it - but don't treat the UCC as a smorgasboard and pick the paragraph you like.

      Sorry - I'm about disgusted with the number of frankly stupid legal opinions about licenses and copyright - I used to buy into the "Well, copyright is a really specialized part of the law" arguments I heard, but with the exception of the deliberately vague 'fair use' tests, UCC and copyright law are written clearly - the problem here is court precedents that ignore perfectly plain use of well defined language.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  51. Obviously this is not surprising... by divisionbyzero · · Score: 2, Interesting

    The judge said it all. We are entitled to Fair Use but any attempt to exercise that right is illegal. There are two ways that this can change: Congress or the Supreme Court. I have little faith in either.

  52. It's a democracy by wilder_card · · Score: 5, Insightful

    It's said that in a democracy people get the government they deserve. Until we start voting these issues, the lobbyists will own the law.

    1. Re:It's a democracy by Entropius · · Score: 1

      The problem is that for each person who actually votes on the issues, there are three who vote based on some combination of:

      --who their pastor/minister tells them to vote for, or who shares their religion or ethnicity
      --who "seems more patriotic"
      --who invokes the Fear of Terrorism more forcefully
      --who promises their local district, or their particular profession, more goodies
      --who looks better on TV and has more polished campaign ads

      A populace easily swayed by emotional appeals isn't compatible with the democratic ideal of "free and fair elections produce the best governance."

    2. Re:It's a democracy by physicsdot · · Score: 1

      Actually, this can only be true if the government doesn't lie to the people.

  53. makes perfect sense by MagicMerlin · · Score: 2, Insightful

    so...it's legal and acceptable to have copies, you just can't make them...

  54. DMCA Exemptions by MobyDisk · · Score: 1
  55. Re:And no building your own printing press, either by cpt+kangarooski · · Score: 1

    Fair Use only exists because Congress codified exceptions in the 1976 Copyright Act to allow people to do certain things without them being a violation of copyright. Congress can revoke such fair use at any time they want since they created such exemptions in the first place.

    No, the courts created the fair use doctrine back in the 19th century. Congress came along and codified their particular version of it, but the judicially created doctrine is based on the Copyright Clause and the First Amendment and would not be so easy to get rid of.

    --
    -- 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.
  56. WTF by hesaigo999ca · · Score: 2, Interesting

    I find the ruling really missing the point. When you sell the dvd copying software, it allows a user to make a backup copy of their dvd, which they already own. The problem is when THAT copy is given or sold to someone else other then the owner.

    I think they should effectively come up with a better way to watermark the copy of the dvds and send a bot to monitor torrents and such, then the watermark (of the original dvd) could then be used to track down the owner, and say if 20,000 copies showed up on the net or on the black market, you could easily know who was responsible.

    However, it is easier for every one, including this useless judge, to just point the finger at the person allowing legit copying to not happen. Smoking pot is legal, selling pot is illegal, so the only way to ge your pot is through the gov.
    Copying a dvd is legal, selling the dvd copying software is illegal, so does that mean owning the dvd copying software is also illegal or using it...I am interested in seeing how it pans out, and what sort of precedent this case sets!

    1. Re:WTF by MasterOfMagic · · Score: 1

      I think they should effectively come up with a better way to watermark the copy of the dvds and send a bot to monitor torrents and such, then the watermark (of the original dvd) could then be used to track down the owner, and say if 20,000 copies showed up on the net or on the black market, you could easily know who was responsible.

      No. You know which DVD was copied. You still don't know who did the actual copying. A friend borrows your DVD, rips it, and puts it on the Internet then the MPAA and cops will come after you and you can bet they won't give a shit if you say you lent it to a friend. Same when your DVD collection is stolen. Thief makes the copies, you do the time.

      The studios went to DVD partially out of consumer demand but also because it was a process that in the long run is much cheaper. It costs pennies to stamp out a DVD, but it takes much more equipment and time to dub a videocassette. This cost savings is a double-edged sword - digital, in most cases, is easier to copy for the people receiving the product. Much easier than dubbing a copy onto videocassette for both the producer and the consumer.

  57. Horrible law, more than horrible ruling by DragonWriter · · Score: 1

    No, the net effect is that there is no possible way to exercise your right to a single backup of a DVD for your personal use.

    As this appears to be the intent of the DMCA -- to make it legally impossible to copy "protected" media -- this doesn't show that the ruling is horrible. It shows that it is a correct application of a horrible law.

    While fair use in some respects overlaps with Constitutional rights under the First Amendment, and there might be some argument that there is a First Amendment restriction here, I haven't heard that, just complaints that the application here of a later statute (the DMCA) sharply limited exercise of a statutory right that existed before the new law in a way which seems clearly within both the letter and intent of the newer law. Doing so may make the law bad, but it doesn't make the ruling bad; judges aren't supposed to issue rulings based on what laws Congress should and should not have passed (but for Constitutional restrictions on Congress' power), but on the laws they have passed.

    If you don't like the DMCA, take it up with Congress.

  58. Outlaws by Stenchwarrior · · Score: 3, Insightful

    If you outlaw copyright-protected-media backup software, only outlaws will have copyright-protected-media backup software.

    --
    Loading...
  59. SUSE doesn't distribute libdvdcss by Sits · · Score: 1

    Among other things SUSE's parent company is Novell which is US based. Repositories not run by SUSE/Novell may include said library but then it is not SUSE themselves doing it...

    As far as I know none of the commercially backed Linux distros include libdvdcss in their standard repositories/CDs (this is different to including a commercial DVD player though as those are unlikely to be libdvdcss based). Many Linux distributions are also distributed in America and including such risky (in terms of attracting expensive lawsuits) technology would be too great for a commercial company that saught to do business in the US. MP3 playback using libmad (as oppossed to the fluendo stuff) or AAC playback using libfaad run into similar distribution issues for vendors.

  60. Re:Contact the house/senate where you live by b4dc0d3r · · Score: 1

    Contact your people in Washington, and ask them point blank: since you are tasked with writing the laws, how can we have a law which directly conflicts with fair use? You need to either outlaw fair use (which is political suicide), or rewrite the DMCA to allow people to enforce their rights.

    I bet they try to outlaw fair use if you bring it to their attention, but seeing the replies posted together somewhere would be extremely enlightening.

  61. (1) Load gun (2) Aim at foot (3) Fire by frdmfghtr · · Score: 1

    Dear MPAA,

    You may find this hard to believe, but SOME of us don't redistribute movies ripped from DVD for personal use or use p2p or BitTorrent to get free copies of movies. Thanks to Handbrake and Apple TV, I've bought more DVDs in the last year or so than I would have otherwise. Digital downloads from the like of the iTunes Media Store (should be "Media" instead of "Music") usually don't hold a lot of appeal to me, as I like having physical media as a backup. I also like having my full movie collection available with a few clicks of a remote control. Your actions are contrary to my wants, therefore you risk losing my business.

    By pursuing this path of litigation, tech-saavy users like myself with disposable income will find other uses for our money--uses that don't contribute to your bottom line.

    !Love,
    Your Customers

    On a more serious note--we have representation in Congress. I suggest contacting them and expressing concerns. I admit that sometimes it feels futile, but it can't hurt.

    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  62. Re:BitTorrent, the legal way of getting backup cop by Kjella · · Score: 1

    Under the craptastic EUCD it's probably illegal in Europe too. But at worst it'll be like with the complete w32codec pack (straight out 18th century copyright infringement) and many other things, you must add a special repo and install them yourself.

    --
    Live today, because you never know what tomorrow brings
  63. So the selling and owning by geekoid · · Score: 1, Insightful

    of DVD players is illegal? I mean they are specifically designed to circumvent DVD encryption.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:So the selling and owning by vux984 · · Score: 1

      of DVD players is illegal? I mean they are specifically designed to circumvent DVD encryption.

      Of course not. They are expressly licensed and given the keys to do what they do. Its not 'circumvention' when you have the owners key AND their express permission.

  64. Re:BitTorrent, the legal way of getting backup cop by geekoid · · Score: 1

    You can ahve a tool to do that, just not crack the encryption to do so.
    You could grab the files from the DVD and drag it to your desktop.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  65. Re:This is your life, slashdot! by reallyjoel · · Score: 1

    Some people like that. Maybe not the gray matter thing, but the rest seem perfectly reasonable.

  66. Re:BitTorrent, the legal way of getting backup cop by Anonymous Coward · · Score: 0

    no,actually the idea is that there is a public repository of non-DRM protected media that you can access to exercise your rights. In Portugal the national library has that responsibility. Of course I have never tried to go there and explain why my case is a justifiable exception to the law.

  67. and thus the whole point of the DMCA by seeker_1us · · Score: 1

    'So while it may well be fair use for an individual consumer to store a backup copy of a personally owned DVD on that individual's computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies.'

    The DMCA gives big media companies expanded control over material beyond what copyright allows so that they can make more money.

  68. dd if=/dev/dvd of=copy.iso by Anonymous Coward · · Score: 1, Funny

    Who wrote dd? Who came up with character and block special files? Who made my CPU, the cable to the DVD drive, the DVD drive. We shouldn't be going after the end user here. We should go after the big fish who made it all possible.

  69. WTF, Real? by LoudMusic · · Score: 1

    I've said it before and I'll say it again, how the fuck is Real still in business?

    --
    No sig for you. YOU GET NO SIG!
  70. analogous to removing a muzzle? by dirtydog · · Score: 2, Interesting

    What if the court had said in another case:

    "We understand that the defendant has a right to speech, but as federal law has made the removal of 'speech restraint devices' illegal, the defendant will have to leave the muzzle on.

  71. Anonymous Coward by Anonymous Coward · · Score: 0

    so...its legal to do a thing, but illegal to make the tools required to do that thing?

    what a load of bullshit.

  72. She's just a "matrix" fan by pugugly · · Score: 1

    Neo: You can't scare me with this Gestapo crap. I know my rights. I want my phone call.
    Agent Smith: Tell me, Mr. Anderson... what good is a phone call... if you're unable to speak?

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  73. Re:BitTorrent, the legal way of getting backup cop by rohan972 · · Score: 1

    If it's legal to store backup copies of your discs, but you can't legally buy a tool to make them, it seems that the only way to exercise your fair use rights is to download backup copies from BitTorrent and similar services.

    Indeed. As far as I understand the law in my own country, there would be less penalty for downloading a movie without paying at all than there would for ripping a copy from a legally purchased DVD. You would be facing a lawsuit rather than criminal charges. It's ridiculous.

  74. Re: member the bailouts by mjwx · · Score: 1

    Stop buying movies that have anything to do with the MPAA. Stop going to movies at the theatres too...unless it's an independent film. While I'm ranting, stop buying anything musicwise associated with the RIAA. This site can help you find out who to boycott.

    Good luck with that.

    Remember how you all decided to stop buying crappy American made cars because the Japanese cars were cheaper, reliable and more efficient. Well GM did go bankrupt and they ended up getting your money anyway in the form of a bailout from your tax dollars.

    Stop buying from the RIAA and they will just get their money from you a different way. The RIAA/MPIAA are like viruses, you cant stop a virus by prevention when you already have the virus, the virus will simply find another way to survive and multiply (I'm certain there are levels of survival they are willing to accept). You can only stop them by creating an environment which does not allow the virus to survive, this means either changing copyright or changing the legal system.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  75. Re:BitTorrent, the legal way of getting backup cop by cbhacking · · Score: 1

    I thought most US-based distros already don't include DeCSS libraries in their official repos. Most of them will make it pretty easy for you to get the libs ("Want to play DVDs? Click here to find out how you can"), but you have to get them from some third-party repository yourself.

    --
    There's no place I could be, since I've found Serenity...
  76. Re:BitTorrent, the legal way of getting backup cop by Anonymous Coward · · Score: 0

    If it's legal to store backup copies of your discs, but you can't legally buy a tool to make them, it seems that the only way to exercise your fair use rights is to download backup copies from BitTorrent and similar services.

    Anyone able to comment on the legality of this? It seems like something they'd have made illegal somehow....

  77. Idiot Judge Makes Idiot Ruling by thesquire · · Score: 1

    Hi: As a retired judge [Saskatchewan, Canada], I appreciate the problems, however, the ruling made by Whatsherfutz, is patently nonsense. Either a denizen [or is it a citizen] of the USA has the right to make a backup copy of a commercial DVD or not, and, judicial sophistry aside, either that right is effective or not. If not, then it is not a right and any software company that assists the citizen to do what is a right is in the right. If it is a right, then her judgment is B.S. and she is at the least, mistaken, and at the most, an idiot, and, in between, she is a fool. I am tired of such nonsense. Unfortunately, the corporations and people that are trying to deny the rest of us the right to protect our purchases, are venal and evil greedy bastards. They are leaning heavily on the cowardly Canadian government to come into line and enact similar evil legislation. Guess what the venal bastards are likely to do.