MPAA Sues Firm For Loading Legally Owned DVDs Onto iPods

from the come-again? dept

It really was just a few days ago that the entertainment industry folks were claiming that it was the consumer electronics industry that was trying to pervert "fair use," right? Somehow, it seems like it's the entertainment industry that's the one pushing the boundaries. Almost exactly a year ago, we had a post about a new service that would sell you a video iPod and DVDs... and would load the video from the DVDs onto the iPod (and then ship you both the iPod and the DVD). This should be perfectly legal. After all, the owner has legally purchased both the iPod and the DVD, and the company is simply making the process easier by transferring the video to the iPod as well -- and it's well established that you can make a personal backup of content you have legally purchased. However, knowing how the industry views fair use, Carlo titled his post "Sue Me, I Dare You" and noted in the text: "the clock's ticking on the first lawsuit." Well, it turns out the clock ticked a little longer than we expected, but it did happen eventually. The EFF is noting that the MPAA has sued a company for doing exactly this. They are, of course, claiming that ripping the DVDs is a DMCA violation, because the DVDs have copy protection, and circumventing that is against the DMCA -- even though physically copying content you own to another format is legal fair use.

As the EFF notes in the post, while the MPAA is focusing on this company that does the ripping for you, the meaning is clear: they do not believe that making a personal copy of a DVD is legal -- despite all of the historical precedent set with CDs and software. The only "difference" here is that the DVD has some weak copy protection, and therefore the DMCA applies. In other words, they're not saying that it's illegal to make a copy -- because it's not. They're saying it's illegal to get around the copy protection. And, of course, they're doing this because they want to force you to buy the same content over and over and over again. And, yet, they still claim that it's folks like us who are changing the meaning of "fair use."

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  1. identicon
    Nick o Las, 17 Nov 2006 @ 7:06am

    I don't really understand what there is to be so upset about. They can sue this guy (which appears to be something he wanted) and chances are they will lose.

    Media comes with copy protection, how many people honestly make backups of all the media the legally purchase? I'm willing to bet very few and of those very few most are interested in the illegal aspect of this (copies of media you don't own).

    I personally feel that copy protection violates a number of the rights we have to use the media as we want. If I want to put my dvd I purchase on my video ipod, I don't want to have to use tools to break through the protection. At the same time think about it...if you really want to get the media off, do a little research and get the tools and bam you've got it off and nobody is going to prosecute the individual user for doing it.

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