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theyellowdart

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  • Apr 24, 2015 @ 11:42am

    The DMCA makes it unlawful to circumvent digital protection measures, so there are certain things that you can be sued for doing with a DVD that you own.

    The DVD-CA is arguing that the fact that a purchaser of a DVD or Blu-Ray is restricted in the uses that they are allowed to make of their purchased item is equivalent to a license.

    As far as I can tell, their logic is this: there are restrictions on a purchaser's right to use DVDs that they buy (from the DMCA). Licenses are a thing that restrict the uses that purchasers make with the things that they buy. Therefore, people that buy DVDs are entering a license agreement. This is obviously illogical.

    This is part of a broader effort on the part of content producers to attempt to trick courts into allowing the DMCA to bleed back into copyright ownership. The reason it is a problem is that the issue is complex, and judges frequently don't really understand copyright law. I hope that the copyright office makes significant efforts to push back against this trend.