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Proposed Amendment Would Ban All DVD Copying
Posted by
kdawson
on Thu Jun 21, 2007 10:07 AM
from the not-your-bits dept.
from the not-your-bits dept.
Ynefel writes in with a PC Magazine article reporting that the DVD Copy Control Association is considering an amendment to the agreement equipment vendors must abide by, which would completely ban all DVD backups, whether fair use or not, and prevent DVDs from playing without the DVD disk being present in the drive. The amendment is being voted on imminently and if approved would go into effect within 18 months. Quoting: "The proposed amendment was made public in a letter sent by Michael Malcolm, the chief executive of Kaleidescape, a DVD jukebox company which successfully defeated a suit by the DVD CCA this past March."
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Proposed Amendment Would Ban All DVD Copying
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For those who don't RTFA (Score:5, Insightful)
(http://www.intelligentblogger.com/ | Last Journal: Monday August 27, @11:47AM)
I think that Kaleidescape is right to worry in this situation. The change to the license agreement appears to be a direct attack on their business. Which, if successful, would represent irreparable harm to the market at large. The convenience aspect of digitally ripping the media cannot be understated. With such devices on the market, consumers are able to place their physical copies in storage while still having easy access to their media. Most of us do it with our CDs without giving it a second thought. Why should our movies be any different? (I know that I can't be the only one who has shelf-space problems with CDs, DVDs, and Video Games.)
As a party being directly harmed by an artifcial monopoly, I certainly hope that Kaleidescape takes this to court should it be approved. Consumers have a right to use their bought and paid-for media as they like. The DVD standard shouldn't be used as a bludgeon to take that away. If Kaleidescape is unsuccessful in their suit, I would hope that a class-action suit could be initiated for the harm caused to consumers.
The real problem ... (Score:5, Insightful)
Re:For those who don't RTFA (Score:5, Insightful)
Re:For those who don't RTFA (Score:4, Informative)
They just don't care and will accept anything *ANYTHING* the media cartels can push through congress.
I don't think so. I remember when CDs came out. Vinyl was about $8 per album and CDs were about $16 per album. CDs were cheaper than vinyl, but at the time, it was hard for people to react in any way since home burners were not available at that point. Once they were available, blank media became popular, then, finally, there was Napster. While I think there are always greedy people who will take what they can for free, most are willing to pay a reasonable price for it. Napster was, among other things, a rebellion against the high price of CDs. Even though the prices had not gone up in the roughly 2 decades CDs were out, people still felt they cost more than a fair price. That's why iTunes is so popular. While it includes DRM, $.99 a song is a much more reasonable price to most people.
I remember back in the days of my Apple
Re:For those who don't RTFA (Score:5, Interesting)
Contracts are merely written accounts of agreements between parties. As such, they can be changed. I have a contract right here that is a legal representation of an agreement between me and my former employer, which has been manually edited by both parties numerous times, and notarized thereafter.
Here's a hint the lawyers don't want you to know: Contracts aren't actually worth the paper they are written on. They can ALWAYS be contested. They can also always very easily be changed, in whole or in part. They can't be invalidated because they are never validated in the first place per se.
There is a reason that contract law is basically a profession in and of itself.
Re:For those who don't RTFA (Score:4, Informative)
(http://www.kibbee.ca/)
Where would we be without fair use? (Score:4, Interesting)
The only reason that copyright conventions got passed in the first place was that they EXPLICITLY made provisions for fair use.
If you buy a book, can you lend it to a friend? Can you invite you friends over to watch a DVD? Can you donate your unwanted books to a library? Can you even play a music CD with others in the room? Without Fair Use, the answer to all of these would be NO.
Re:Where would we be without fair use? (Score:4, Insightful)
(Last Journal: Friday June 11 2004, @11:15AM)
Yes.
Can you invite you friends over to watch a DVD?
Yes
Can you donate your unwanted books to a library?
Yes
Can you even play a music CD with others in the room?
Yes
Without Fair Use, the answer to all of these would be NO.
No it wouldn't. None of these uses count as public performances, broadcasts or copies.
Fair use means that you retain the right to make copies for a number of reasons. It is not a right in itself. It's a limitation of rights of the copyright holder. i.e. if they sue you, fair use is a defence.
Re:For those who don't RTFA (Score:5, Interesting)
(http://www.intelligentblogger.com/ | Last Journal: Monday August 27, @11:47AM)
Actually, there's a LOT to sue over here. According to the fair-use laws (including the DMCA), you can make a backup, but you can't break the encryption to do it. It needs to be an exact backup. Thus the only way to make a legal backup is to use a licensed device like Kaleidescape's. The device complies with both the DMCA and DVD license requirements by backing up the disc with its CSS protection intact. So copying the data out of the device won't gain you much. (At least according to TFA.)
By changing their licensing agreement, the DVD CCA would be demonstrating anti-trust behavior that is damaging to consumers and market competitors. Ergo, they could be brought up on a variety of contract disputes AND anti-trust charges.
Standard Disclaimer: I am not a lawyer, nor do I play one on TV. But I did stay at a Holiday Inn Express once!
Re:For those who don't RTFA (Score:5, Informative)
(http://www.intelligentblogger.com/ | Last Journal: Monday August 27, @11:47AM)
In addition, the DVD drive has to authenticate a CSS disc with its own encryption checks before it will allow the disc to be read.
DeCSS works by brute-force cracking the encryption. (CSS uses a 40-bit key.) So it's not really possible to create a *legal* backup of a DVD disc without a license and equipment from the DVD CCA.
Re:For those who don't RTFA (Score:5, Insightful)
(http://www.intelligentblogger.com/ | Last Journal: Monday August 27, @11:47AM)
So you do work for the MPAA or member company. Thought so.
No offsense, but how about dropping the charade and logging in? Or at the very least, make an argument of your exact problem with Kaleidescape rather than taking sideswipes at their supposed use as a piracy tool. If you have a good point, then I might agree with you. But as it stands right now, you're not doing anything to reverse the generally poor impression of the MPAA and its members.
(And for what it's worth, I've often defended the MPAA as "not quite as evil as the RIAA". This move is not helping that case any.)
I won't lie to you. This is environment is generally hostile to large organizations. But if you're going to argue your case (which I would actually be interested in seeing) then do us all a favor and go all the way with it.
What's my guarantee that the company owning "It's a Wonderful Life" will even publish a backup copy? I used to have tapes of a really great show called "Captain Power" that I very much enjoyed. Now they cannot be purchased. Someone has the rights to them, but I can't get a new tape or DVD unless I can find a used copy in good condition or resort to illegal copies.
This situation is the exact situation that fair-use backups are intended to cover. I may have lost my Captain Power tapes, but thanks to such backups I still have original Commodore 64 floppies. The original owners were smart enough to make a backup, then store the original. When the backup wore out, they'd pull the original and make another backup. That way the media lived on for far longer than it would have if the original media had been used.
I wish I had been as dilligent about backups when I was young. If I had been, I might still have a lot of my old tapes as well as nearly irreplaceable software such as Where in Time is Carmen Sandiego. (You may notice that the republished versions are very different games.)
So what is the MPAA member supposed to do to stay in business? Generate new content worth purchasing. Reselling the exact same content with no added value is not a business model. That's merely trying to cheat people out of their hard earned money.
Related Thoughts (Score:5, Insightful)
(http://www.intelligentblogger.com/ | Last Journal: Monday August 27, @11:47AM)
From one perspective, I *do* understand where DVD producers are coming from on this. I positively know of at least one person who uses Netflix by backing up the DVDs when they come in, then immediately shipping them out for new ones. While it's a nice trick for improving one's own convenience, it's not really in the spirit of the service. So there are some legitimate arguments against DVD Backup devices.
However, the solution is NOT to ban good devices in an attempt to nail the edge cases. All you're going to do is piss off your customer base. But what should happen if a report stating that backup-piracy is NOT an edge case crosses an important desk? Should that executive then decide to make the problem go away?
NO!
What that exec is looking at is what I like to call a "Crisitunity". (Shamelessly stolen from other sources.) It's a crisis that presents new opportunities. All that's needed is an analysis of the problem to see where a workable solution might be introduced.
The first question to ask is: "Is this piracy about the money?" I think in most cases you'll find the money to be a secondary concern. Consumers like value (thus why they won't pay for an electronic copy of Pirates of the Carribean when they can get a physical copy for the same price), but they are willing to pay for the media under most circumstances. Ok, then why are they performing backup-piracy?
The obvious answer is: Convenience. Consumers are getting used to having things on their own schedule. Tivos allow them to shift television to a more convenient time. DVDs shift blockbuster movies out of the movie theater and into the convenience of the home. MP3s make jogging or travelling with your music a no-brainer. Gameboys/PSPs let consumers take their interactive entertainment on the go. Laptops let internet surfers work while they sip a latte at Starbucks.
Let's face it. We're an economy that's addicted to convenience. So much so that we will spend unnecessary money just to make something more convenient. Which should raise the flag of new opportunities. If consumers are so addicted to convenience, then why not find ways of providing it? Online movie distribution seems like the most promsing answer. Yet if you log into iTunes (analogous to DVDs in the store), Vongo (analogous to Netflix), or MovieLink (analogous to Blockbuster) you'll have a duece of a time trying to find a movie worth watching. And if you *do* find a movie worth watching, you may feel that the price is too high without a physical backup to protect your investment.
Thus the truth is that the movie industry is killing themselves through risk-adversion. The music industry already made that mistake once. One would think that the movie industry could try paying attention.
Re:Related Thoughts (Score:4, Funny)
It's just like kids and hot stovetops. Just cause Jane already burned her hand doesn't mean that Jimmy doesn't have to try again whether it hurts to put his hand on it.
Unlike with kids, my sympathy is rather limited in this case.
Re:Related Thoughts (Score:5, Informative)
In my entire life, I've only met one person that copied movies - and he was doing it using two VCRs. It was simple, anyone could do it. You buy two VCR's and you record the movie from one onto the other. A grade-schooler could probably figure it out. My point is the same as yours, however, he's the *only* person I've ever known that's done this.
These execs need to be focusing on places like SE asia where burned movies are sold on the street like penny candy. When will they learn to stop biting the hand that feeds them? Do I want to copy my DVD's and CD's? Yes! Why? Because when the original media is scratched it RUINS your enjoyment of that movie / music. I copy as many of mine as I can so that I don't have to worry about it. I also keep burned copies of my CDs in my car to protect me from theft. If some jackalope breaks into my car and steals my CDs... I don't care, I'll just buy a spindle and re-burn them - because the probability of the cops getting them from the thief or of insurance fully reimbursing me for their worth is pretty slim. Ever lent a CD to a friend and gotten it back trashed? Of course you have... that's why copies are great.
As a consumer - if there's no simple, legitimate way to protect the media I've invested my money in then I'll just find another means of acquiring it.
dear execs (Score:5, Insightful)
(http://libtom.org/)
Whether I buy a movie or not is not dictated by whether I can pirate it. It's by whether I can a) play it, and b) want to watch it. Stop making shitty movies and I'll buy/rent more (speaking of renting my last 6 or so rentals were all shitty despite being "highly rated" so I'm a bit pissed off).
Tom
Re:dear execs (Score:4, Interesting)
(http://libtom.org/)
Thanks,
Tom
At last! (Score:5, Funny)
Re:At last! (Score:5, Funny)
Re:At last! (Score:4, Funny)
Not everyone, just Companies (Score:4, Insightful)
(Last Journal: Thursday March 15 2007, @12:56PM)
The proposal is an amendment to the agreement that all DVD hardware manufacturers must agree to to get access to the DVD standard's specifications. The proposed text FTA:
This, as the article notes, is at essence designed to put Kaleidescape out of business. This is bad; however, the real idiocy might be with the latter half about "persistent copy" making. It is trivial (although not trivially cheap) for a consumer to assemble a dedicated computer with a DVD drive, massive storage, TV video output, and free open-source software to duplicate the functioning of a Kaleidescape Jukebox. The DVD-CCA might use this to try and retroactively remove this capability from the market... despite that I don't see how it might be possible to do so without removing either DVD drives or TV-out computer components.
Of course, I'm not sure that this amendment can prevent someone from making a Kaleidescape-like jukebox; while less elegant, it wouldn't be hard to redesign the Jukebox to use a standard 1-bay 5.25" DVD drive -- at which point, a manufacturer need not be a signatory to the DVD-CCA agreement, but merely buys (bulk, OEM) DVD drives as a component. Therefore, the only impact of this amendment (unless they try to ban the DVD drive — which I don't rule out) is a slight delay (until someone does this) and to try and put Kaleidescape out of business... which, as the company president notes, is likely to be held unlawful.
I suspect it boils down to someone stupidly and criminally trying to be vindictive against Kaleidescape for having previously beaten the DVD-CCA in court. This should go well....
Re:And just how they plan to actually enforce it? (Score:5, Insightful)
(http://www.whitepost.org.uk/)
I think they've looked at the Kaliedescape product and the video iPod and reckon that within a few years, such items could be as commonplace as the DVD player is today. And as soon as the movie can be seamlessly, easily copied from the medium it's distributed on by even the least technical person, the studios start to lose control of what happens to it - something which the MPAA appear to be absolutely terrified of.
The idea of this is to prevent such products ever hitting the marketplace, and thus maintain control.
Re:And just how they plan to actually enforce it? (Score:5, Insightful)
(Emphasis mine) No! It's not their money, it's your money. Unless, of course, you never buy or rent movies, or go see a movie in the theater. But rest assured, the MPAA and friends subsidize their DRM efforts (tech and lobbying) with increased prices. That's what I find particularly irksome: if you buy a DVD (or HD-DVD or BluRay), part of the cost goes to cover the expense of its DRM. We're paying for stuff we don't want. Nobody requested DRM!
I hate to repeat the standard mantra, but... no DRM, lower prices and better content and all this "piracy" would just go away. I mean, we all know it can never be totally squelched, but can easily be made unprofitable enough to be marginalized.
the real reason for a drop in sales? (Score:5, Insightful)
(http://www.gargoyleslanding.com/)
Re:the real reason for a drop in sales? (Score:5, Funny)
Thanks, thanks, be here all week
Re:the real reason for a drop in sales? (Score:5, Funny)
(http://www.parallelrealities.co.uk/)
Does Bittorrent count?
Well if that's the case... (Score:5, Insightful)
(Last Journal: Friday March 26 2004, @02:46PM)
It'll be just as effective, no? (or did these yahoos forget about those little A/V out ports on the back of each player?)
If I can read it, (Score:5, Interesting)
(http://tpno-co.org/)
There's just one thing I don't understand... (Score:5, Interesting)
(http://slashdot.org/~Spy+der+Mann/journal/ | Last Journal: Saturday November 10, @01:50AM)
1. How will that prevent the 99% of existing computer users with DVD-R/Ws from using their compies to backup their dvd's?
And 2. How will that prevent the 10% of existing computer users with Divx software from ripping their dvd's?
Re:There's just one thing I don't understand... (Score:4, Informative)
Re:Who cares? (Score:5, Insightful)
Not enforceable. (Score:5, Insightful)
Also how will this relate to products like the PSP and iPod? Where people can convert there DVD to a mpeg stream for viewing on the go?
Re:Not enforceable. NOT TRUE AT ALL (Score:5, Insightful)
Sorry, but this is not true. It's not what you drive can read, but what it can write afterwards. For example, your drive can read the media descriptor block on your DVD, but it can't write the block of your choice onto your writable disc. To demand that a DVD must be in a drive, enforced by the drive hardware itself, with a media descriptor that you can't buy on blank discs, or write with any consumer writer, would require the original physical disc to be present for playback. The way around this is to rip the content with an unauthorized player, for which the will then try and sue you. Lawyers will make lots of money over this, notoriously insecure movie studio execs will sleep soundly over this, and the average person's life will become incrementally more difficult than before in a constantly ratcheting spiral.
DRM needs to be banned at the federal level, as an impediment to Fair Use and other consumer rights. Until the public at large is willing to make this a top priority, this garbage will continue.
Time (Score:3, Insightful)
We could make this discussion about the lack of quality movies nowadays, but if you have 11 unlocked doors and 1 locked door, just where do you think we (humans) will want to get into most?
Go for it! (Score:4, Funny)
(http://frobnosticate.com/ | Last Journal: Friday October 26 2001, @10:05AM)
I can't remember the last time I bought a DVD. I wonder why?
You think you're joking, but you're not (Score:5, Interesting)
(http://www.dpbsmith.com/)
Sometime before home video turned off (and turned out not to be the "strangler" of movies that Jack Valenti testified it was), RCA developed a system intended for video rental that they thought would overcome studios' objection to putting their content on home video. It was a cartridge with a mechanical design that would not rewind; the tape locked in place when viewing was complete, and required a special tool to release it. You could only watch it once, then you'd have to take it back to the video rental store where they would unlock it, rewind it, and charge another rental fee for another viewing.
RCA brought studio executives in for a demo, sure they had a winner. The executives said "We have no interest in this whatsover. You've given us absolutely no way to know how many people were watching it."
Now, in recent years there has been quite a lot of activity in biometrics and eyetracking. It is not at all inconceivable that someone could design a relatively low-cost device that could be built into a DVD player, PVR, whatever, that could tell how many eyes were watching. (And might even be able to discount cats' eyes, although dogs' eyes would be harder). And charge you accordingly. And maybe even charge extra if it detected that nobody had been watching the ads and coming attractions at the beginning.
Re:You think you're joking, but you're not (Score:5, Funny)
(http://fbjon.deviantart.com/gallery/ | Last Journal: Saturday May 21 2005, @09:56AM)
Re:You think you're joking, but you're not (Score:4, Funny)
(https://today.dla.mil/)
in New Amerika[tm] DVD watches YOU!
Stupid Rules Degrade All Rules (Score:5, Insightful)
(http://bluezhift.proliphus.com/ | Last Journal: Wednesday January 31 2007, @10:25AM)
Re:How would they enforce this at the end-useEASY! (Score:4, Informative)
And if you believe this has never happened before, you're wrong. The so-called "music blank CD's", which are the only sort your audio component CD recorder would ever accept use exactly this same trick! A music writable CD-R is identical to a computer CD-R, except that it has a special media code that the audio component CD-R recorder recognized, and this indicated that a tax (up to $0.30/CD-R) was charged for this otherwise identical recordable media. It worked there, and would be hard to defeat here if the content industries can force through legislation mandating its use in all equipment and players sold in this country.
Is DVD tech dying. (Score:4, Interesting)
My biggest concern is how long till this will happen. With DVD's VHS was obsoleted quickly. But with Blu-Ray/HDDVD it really doesn't negate DVD as a good media.
So maybe this is just a way for them to try and squeeze even more dollars before DVD's go away.
licenses are all set up wrong (Score:5, Interesting)
(http://www.devinmoore.com/ | Last Journal: Thursday May 24, @06:16AM)
Different take on what the amendment means (Score:3, Insightful)
Yeah, this will stop me! (Score:3, Insightful)
(http://www.gis.net/~cht)
My current DVD player, a 4 year old Samsung is shortly to be retired, replaced by a Phillips all region PAL/NTSC player.
I've a 3mbps DSL line and a few BitTorrent clients. When FiOS makes its way to my neighborhhod, I'll exchange the DSL for Verizon's fiber 20mbps broadband.
The only reason I now burn copies of my DVDs is that I have yet to buy a used XBOX and install XBMC on it, along with 25 feet or so of CAT5 to run between the PowerMac and the XBOX.
Once the XBOX is in place, all the copies get copied to the XBOX hard drive and they get stored with the old Samsung.
At some point, I'll have a TiVo, and the ancient RCA VCR goes to live in the closet as well.
So, the question I have to ask is:
How on Earth is this silly amendment to the manufacturers license going to affect me in any way whatsoever?
One way or another, I will have backups of my DVDs. Those that I own now, and those that I will purchase in the future.
Seriously, do they actually expect this to do anything at all to stop DVD copying or piracy?
How did he win? (Score:5, Informative)
Did he win in court because he pointed out the license agreement didn't prohibit this usage, or did he win on other grounds? If they're changing the license agreement to close up some holes (think GPL 3), he may have a case of unfair and tortorus interference in his business. If he won on other grounds, this might not affect him -- or us, under the same decision -- at all.
As far as I'm concerned, I'm ready to support removing ALL rights from the movie industries. They'd still find a way to survive, and even prosper, but not in the insane taking of public rights they now enjoy.
Remember, everyone who initially came to Hollywood to found the western movie industry did it because they were stealing the use of Edison's patents, and were trying to avoid his enforcers. They were all a bunch of thieves to start with, and that hasn't changed all that much since!
Article update (Score:3, Funny)
A note to DVDCA... (Score:3, Interesting)
(http://www.edgeio.com/ | Last Journal: Wednesday March 09 2005, @10:42AM)
I doubt I'm alone - people who buy large volumes of legal DVD's are the ones who'll be the most affected by this. Actual pirates will easily work around it.
More laws just means more broken laws (Score:4, Insightful)
(http://slashdot.org/)
Dear Hollywood... (Score:3, Funny)
(http://mal-2.com/ | Last Journal: Thursday January 15 2004, @05:41PM)