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Why Does The Entertainment Industry Get To Decide Whether DVD Copying Is Legal?
from the thank-you,-DMCA dept
Back in April, a court found that Kaleidescape's high end DVD jukebox was perfectly legal, despite complaints from the entertainment industry. The DVD jukebox clearly was not for pirating materials. It would rip DVDs and store them on a hard drive, but it included all kinds of copy protection and cost $27,000. This wasn't for kids ripping DVDs in their bedrooms. When that lawsuit came out, the group in charge of the DVD spec, DVD-CCA whined that the lawsuit would delay the rollout of the latest DVD specs -- though it wasn't clear why. Now we know. PC Magazine has reported that the group has proposed a new amendment that would ban any product from making DVD copies or allowing DVD content to be watched without the actual DVD present. This is getting some attention on various tech sites, but it seemed pretty strange. How could an industry association, rather than the government, create the laws by which legally purchased DVDs could be used? However, as the EFF explains, it's the DMCA's fault. The DMCA effectively allows the industry to define what's acceptable innovation.
It's a little confusing how this works (and most of the initial reports aren't getting into the details). Obviously, the DVD-CCA can't change the laws and really "ban" DVD copying. DVD copying for personal use is protected fair use. However, in order to read a DVD you have to license the technology from DVD-CCA. So if you want to create a product that reads/copies/plays a DVD, you're supposed to agree to DVD-CCA's license terms first. The DMCA, with its anti-circumvention clause, means that anyone who ignores the license terms is guilty of violating the DMCA. Therefore, all the DVD-CCA needs to to in order to hinder innovation is change the terms of their license -- and ignoring it would breach the DMCA... even if all you're doing is providing tools for perfectly legal purposes (outside the DMCA). History is littered with examples of what happens when you put in incumbent industry to determine what kind of innovation is "allowed" and it never turns out positively. The incumbent industry is interested in protection, not innovation.
It's a little confusing how this works (and most of the initial reports aren't getting into the details). Obviously, the DVD-CCA can't change the laws and really "ban" DVD copying. DVD copying for personal use is protected fair use. However, in order to read a DVD you have to license the technology from DVD-CCA. So if you want to create a product that reads/copies/plays a DVD, you're supposed to agree to DVD-CCA's license terms first. The DMCA, with its anti-circumvention clause, means that anyone who ignores the license terms is guilty of violating the DMCA. Therefore, all the DVD-CCA needs to to in order to hinder innovation is change the terms of their license -- and ignoring it would breach the DMCA... even if all you're doing is providing tools for perfectly legal purposes (outside the DMCA). History is littered with examples of what happens when you put in incumbent industry to determine what kind of innovation is "allowed" and it never turns out positively. The incumbent industry is interested in protection, not innovation.
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Reader Comments (rss)
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Why do they get to decide?
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And no... not really.. In a free market - we can choose not to buy them. That would certainly send a message to the 'industry'. But, alas, people just choose to deal with it.
But in all seriousness - if I can't make a copy of a DVD or CD, for backup purposes - is it really worth what I pay for it? Or am I better off with On-Demand channels?
Or perhaps, I can get up and choose not to watch TV - maybe find more healthy things to do or more productive.
If there's anything I can thank modern entertainment for, it's annoying me to the point that I have done just that. In recent days, I have bought a 'project' car to work on, got my 10 speed back in shape and have been re-doing my bathroom.
Thanks Hollywood and RIAA - I'm finding stuff to do where I don't have to screw with 'DRM' and the like. I'm finding overall, I'm really more entertained, healthier, and happier. Seriously.
The only thing I ever watch on TV anymore is a Star Trek espisode or two before bed - that's really about it.
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Why?
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Its a basic tenet that government endorses copyright and makes it legal for people to restrict use of their work.
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WOW!!!
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This Call May Be Recorded For Training Purposes
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rotflmao.
Get political or die.
You don't need a million bucks in the bank and a endless supply of hookers & coke to make your voice heard. =)
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Re: This Call May Be Recorded For Training Purpose
I'd assume both parties have the copyright???
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*head scratch*
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'fixed' form
Permission is a completely different issue, to do with wiretapping laws and privacy..
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Re:
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Re: rotflmao.
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Re:
DVD-CCA makes "special" licenses available to "special" companies to allow them to manufacture DVD's.
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Typical!
We pay a big price for something , we should be able at the very least, be able to make a backup of "Our" investment. We are what they would concider, the lower end of society, if we dont make a "million or two a year". We can't afford to replace the often expensive product that, for the most part, are done on low quality DVD or CD Blanks whith a fancy design to cover them up, and designed to fail, so that you have to replace it and pay twice for the same product. And it has happened over and over again I will bet, to a lot of consumers out there.....
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Typical!
We pay a big price for something , we should be able at the very least, be able to make a backup of "Our" investment. We are what they would concider, the lower end of society, if we dont make a "million or two a year". We can't afford to replace the often expensive product that, for the most part, are done on low quality DVD or CD Blanks whith a fancy design to cover them up, and designed to fail, so that you have to replace it and pay twice for the same product. And it has happened over and over again I will bet, to a lot of consumers out there.....
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Re: Typical!
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Remember the golden rule...
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Might makes [copy]right.
Who needs a backup copy, I say!
PS- Please don't take this seriously, it's a joke. ;)
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this doesn't apply to individuals
What's really silly is that they're acting as though them controlling the DVD's means they control the *content* on the DVD's as well and that is supposed to somehow prevent companies from working out arrangements with individual media companies to, say, make a video jukebox and bypassing the DVD-CCA altogether. Yes, I know this isn't likely to happen but they're attempting to build themselves as an authority over a very, very limited domain. Big deal, let them rot.
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Re: Might makes [copy]right.
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Here's what I do
I also don't buy music CDs any longer. Who wants to spend $19.95 on a CD with 12 tracks, of which 11 are crap? Sorry, but I won't pay $20 for one song.
Here's how we fix this: Vote with your wallet, by not using it to support these ignorant boneheads.
I'll take my old collection of vinyl, play it on my turntable, copy it to tape or CD, and do with it as I please, just like I was able to do *before* the DMCA.
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Re: this doesn't apply to individuals
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Re: control of DVD and TV
We need to send a message - turn it off for a while, and stop buying/renting remakes of "the Exorcist," and old vampire movies - the originals were OK in their time, but their time has come and gone - so has the Hype of HD DVDs and and TV.
...Steve
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Re:
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Re: Here's what I do
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Re: this doesn't apply to individuals
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"Banned devices"
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DVD X Copy was shut down, but you can still easily
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Outlaws
"If guns were outlawed, only outlaws would have guns."
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