02-17-2010, 12:36 PM | #61 | |
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Technically the barrier to backing up a DVD is that one must circumvent the CSS encryption on most DVDs to do so. Others are correct, however, in that the RIAA has largely given up on litigating against those who rip CDs and no real legal definition of the practice's standing is extant. |
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02-17-2010, 12:44 PM | #62 | |
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Because, as you suggest, it "doesn't add up" in a world of fair use. Alas, nobody ever accused the DMCA of being written according to any calculus other than that of its media-mogul lobbyist backers' profit streams. We, as normal humans, believe ripping a CD to our computer and copying it to an iPod is fair use. The RIAA believes that this enables listening to it in two places at once (you're out listening and a housemate is home listening) which should (to them) require the purchase of 2 copies. Your copying to allow this, then, connotes "stealing 1 copy." The DMCA (having been largely authored by these folks) largely agrees and definitely agrees if said content is laden with DRM. |
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02-17-2010, 12:46 PM | #63 | |
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02-17-2010, 12:48 PM | #64 |
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The best illustration of the insanity of it all was when G.W. Bush (former President of the USA) showed off his mp3 player that he used while jogging, filled full of his homemade ripped mp3 tracks off his CD's he had bought. Up to that point the RIAA was arguing hard that ripping tracks off your own CD was illegal, it was ok after that. We don't want to fine the Pres several mil bucks, do we!
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02-17-2010, 12:59 PM | #65 | |
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02-17-2010, 01:03 PM | #66 | ||
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If you want to talk about the MPAA and DVDs, that is a completely different discussion. |
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02-17-2010, 01:08 PM | #67 | |
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Last edited by CyGuy; 02-17-2010 at 02:22 PM. |
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02-17-2010, 01:09 PM | #68 | |
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As far as the RIAA claiming that copying CDs for personal use is illegal, the RIAA has long since reversed their position on that. You're talking about claims they were making back in 2007. |
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02-17-2010, 01:09 PM | #69 |
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02-17-2010, 01:12 PM | #70 | |
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But you are basically correct, the "analog hole" still exists. That's why the copyright owners are trying to eliminate it with things like HDMI, etc. |
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02-17-2010, 01:13 PM | #71 | |
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Piracy Fight and the constitution
Patents and Copyright are Federal issues. Shoplifting is a state or local issue. That's the way the American Constitution was written. And yes, if Wal-Mart calls the local police, sure enough the police come and pick up those shoplifters even though you could (and people do) make the case that it's the government protecting the rich.
I confess I share the nervousness I see on this loop when I see the government wanting to "help me" but I don't think reflexive attacks or naive appeals to libertarianism are the right approach. Then again, I'm in the business of creating intellectual value and I don't believe I should have to arm myself with a rifle and personally protect my copyright. Rob Preece Publisher, BooksForABuck.com Quote:
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02-17-2010, 01:22 PM | #72 | |
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There's a big difference between "RIAA vs Joe citizen" and "The People vs Joe citizen". The second is only supposed to happen in criminal trials. |
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02-17-2010, 01:30 PM | #73 | |
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As for the situation in question I'd offer the Sony rootkit example as evidence it did happen:
I agree CDs and DVDs are indeed separate under the DMCA. But the DMCA was written to clear difficulties interpreting these very issues. The MPAA went "whoa, look what happened to CDs ... what're we gonna do to make sure it doesn't happen to DVDs?" Result? Their lobbyists virtually wrote the DMCA. So separate under DMCA? Yep. Separate as far as attempting to remove fair use rights? Nope. |
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02-17-2010, 01:39 PM | #74 | |
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This is a bit complex under US law, so I will explain. The DVD player, under the legal functions allowed in the US, does not produce a recordable signal on the analog outputs (or digital ones for that matter). The analog out is Macrovision encoded. Removal of the Macrovision encoding, falls under the DCMA rules. Now, many players are sold in world-wide markets with different laws and different consumer demands. So there is often a hidden control menu allowing things like region code, Macrovision encoding flag, PAL/NTSC/SECAM output to be varied from lot to lot depending on the market being shipped to. Such models used to be in demand as "hackable" machines, mainly to remove region code restriction. This is illegal, but the odds of being prosecuted are nil. (A test case of region restriction versus the US constitutional rights to freedom of speech would make an interesting case law, and the MPAA has made certain that they are involved in no such cases ) If you reset your DVD player, assuming it is capable of being reset, to remove your Macrovision flag, then you could record from your analog outlets. Of course, if you want a digital copy of the recording, you would have to re-encode the analog signal, causing a gen loss in the resulting copy. It would be digital thereafter. HD signals use HDMI by US law, which remains encrypted through out the signal path until the final decryption inside the television itself. There is an analog hole possible there, which is also illegal, but I'm tired of discussing a noxious subject.... |
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02-17-2010, 01:41 PM | #75 | ||||
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