Personal computing discussed
Captain Ned wrote:Until the Librarian of Congress (somehow assigned copyright/fair use assignations under DMCA) states that defeating either the CSS encryption of DVDs or the AACS encryption of BluRays is acceptable for personal backup under Fair Use and not a violation of DMCA, links to sites or names of software products that offer same will be edited as Rule #1 violations.
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Captain Ned wrote:It's not that BD playback is impossible on the PC. It's more like legal BD playback on the PC requires software costing about the same as a standalone player. Something tells me that that's not a bug, it's a feature.
Walkintarget wrote:Captain Ned wrote:It's not that BD playback is impossible on the PC. It's more like legal BD playback on the PC requires software costing about the same as a standalone player. Something tells me that that's not a bug, it's a feature.
Well said. I was totally unprepared for the BD fiasco when I began to check into adding a BD burner to my HTPC. It's such a frustrating mess to know what software to buy that works for me that I am quite prepared to throw in the towel, forget about BD for a few years and just stick with my DVDs for now.
kamikaziechameleon wrote:Captain Ned wrote:Until the Librarian of Congress (somehow assigned copyright/fair use assignations under DMCA) states that defeating either the CSS encryption of DVDs or the AACS encryption of BluRays is acceptable for personal backup under Fair Use and not a violation of DMCA, links to sites or names of software products that offer same will be edited as Rule #1 violations.
Read. Learn. Grok.
Thanks for listening.
I don't understand what you said other than ripping of copyrighted media is protected under fair use.
kamikaziechameleon wrote:Captain Ned wrote:Until the Librarian of Congress (somehow assigned copyright/fair use assignations under DMCA) states that defeating either the CSS encryption of DVDs or the AACS encryption of BluRays is acceptable for personal backup under Fair Use and not a violation of DMCA, links to sites or names of software products that offer same will be edited as Rule #1 violations.
Read. Learn. Grok.
Thanks for listening.
I don't understand what you said other than ripping of copyrighted media is protected under fair use.
kamikaziechameleon wrote:I don't understand what you said other than ripping of copyrighted media is protected under fair use.
Flying Fox wrote:Circumventing CSS protection of DVDs seem to be now deemed ok for fair use, but for teachers and students only. No word on BD yet.
kamikaziechameleon wrote:Its just silly that they try to make money in the most frustrating places and end of the day when a technically compitent hits those sorts of walls they won't conform to what MGM, Sony, and their buddies want. They are literally driving nerds to crack, workaround, rip, and torrent their stuff. I think that most of us would agree that paying 20-30 for a Blu ray may be expensive but its a price we choose to pay because we love the movie in question. The idea that you essentially have what amounts to a new tax of viewership after purchase is just not right as you are not notified of this during the purchase of the BD or BD drive. If any other industry did this they would not continue to exist.
Captain Ned wrote:kamikaziechameleon wrote:I don't understand what you said other than ripping of copyrighted media is protected under fair use.
But the means to do so runs afoul of the DMCA prohibitions on the circumvention of copyright-protecting DRM, therefore any mention of apps that can perform same will be considered Rule #1 violations until the Librarian of Congress officially states the required DMCA exemption.
just brew it! wrote:Fair use doesn't explicitly make copying legal, it is an "affirmative defense" against an accusation of infringement -- i.e., the burden is on the accused to make the case that the copying falls within fair use guidelines.
kamikaziechameleon wrote:Ok so this is the thing I find goofy about the entire situation legally. There is never a terms of use presented at the point of purchase with a physical media disk of any kind so you as a consumer would never know that their is a DRM measure on the disk. That being said I've never legally agreed to not do something as its never been deemed anything more than a disk with some copyrighted material on it. Copyright law is all that actually applies in this situation not any DRM laws or legislation because you as a consumer were never notified. As such you may notice its legal to rip CD's under copyright law, Windows Media player does it, you will notice its never been a problem baring distribution(morally and legally reprehensible piracy). Digital purchases and instillation of many software including games have a EULA at the point of purchase or very least install but BD, DVD, CD's have none of these. DRM without a EULA at purchase is not legitimate its why they can't and don't prosecute. DRM cracking as it is present isn't exactly illegal its just not legal in these instances. If it went to court the consumer argument would hold up seeing that an EULA was never presented. Those propositions being outlined its actually not illegal to do anything to the contents of a BD. Its why other larger news outlets have detailed the ripping of the devices for some time. Just make sure you don't pirate a powerDVD update, that is illegal.
I'm not trying to discuss how to break laws by any means as I don't aspire to do that at all. Just the legal maze we live in as PC builders trying to watch our purchased movie collection.
kamikaziechameleon wrote:I'm not trying to discuss how to break laws by any means as I don't aspire to do that at all. Just the legal maze we live in as PC builders trying to watch our purchased movie collection.
just brew it! wrote:The issue is that the DMCA explicitly makes it illegal to crack DRM or distribute tools to crack DRM, so a EULA (or lack thereof) doesn't even enter into it. This is why CD ripping software is legal - with only a few exceptions (e.g. Sony's DRM rootkit fiasco), audio CDs do not have any DRM. You don't see (legal) DVD/BD ripping software specifically because all commercial DVDs/BDs have DRM baked in, making it illegal to distribute DVD/BD ripping software that can crack the DRM.
kamikaziechameleon wrote:just brew it! wrote:The issue is that the DMCA explicitly makes it illegal to crack DRM or distribute tools to crack DRM, so a EULA (or lack thereof) doesn't even enter into it. This is why CD ripping software is legal - with only a few exceptions (e.g. Sony's DRM rootkit fiasco), audio CDs do not have any DRM. You don't see (legal) DVD/BD ripping software specifically because all commercial DVDs/BDs have DRM baked in, making it illegal to distribute DVD/BD ripping software that can crack the DRM.
My point is that the DRM you are buying isn't advertised in the sale. The MEDIA, that isn't illegal to rip is. That kind of bait and switch is simply wrong and immoral.
Chrispy_ wrote:Has there ever been a trial/hearing/case where company A has successfully prosecuted individual B for having an illegally-obtained copy of a movie they have legally purchased?
The whole thing is a huge legal fiasco on a scale not far-removed from the ridiculousness of the US patent system.
MadManOriginal wrote:if such a case was tried it's highly likely parts of the DMCA regarding breaking DRM for personal fair use would be struck down and the publishers don't want that.
Chrispy_ wrote:MadManOriginal wrote:if such a case was tried it's highly likely parts of the DMCA regarding breaking DRM for personal fair use would be struck down and the publishers don't want that.
Aha, there's the clincher
It's "law" per se, but is used as a threat for scaremongering because it would never stand up as law after being excercised in an actual coutroom.
My god, the US legal system is a mucking fess!
(not that UK/EU law is perfect, either)