Adam Bresson Demonstrates Fair Use at DefCon 313
nigelc writes: "Adam Bresson showed how to make copies of copyright-protected videos in a speech at DefCon. To quote the article, 'I hope he's got a lawyer and that they talked to somebody'" From the article, it sounds like Bresson simply used a video conversion box to defeat MacroVision -- something my notorious criminal father has been doing for years.
I'm shocked (Score:5, Interesting)
From the article:
Now Canopus [canopuscorp.com] has offices in the US. I figure that Bresson would probably not be prosecuted, basically cause there's no money involved. However, since Canopus has a branch in the US, I wouldn't be surprised if they were sued.
After all the best way to stop all of us "pirates" is to eliminate the tools we use.
The tools we use... (Score:5, Funny)
(and then we go after the pens)
We really do need a nuclear war to put all this in perspective.
Re:I'm shocked (Score:5, Interesting)
I hope that was sarcastic, heh.
In all seriousness, the way to stop 'unauthorized copying' (I refuse to call it piracy because there are fair reasons to do it) is to find it why people want/need to do it.
"People are downloading movies off the web, maybe it's beacuse they don't want to pay $20 for a DVD. Maybe we should sell a $10 no-frills DVD."
"People are ripping DVD's and saving them to their computer. Maybe they're doing that so that they can keep their DVD's safe. We should make it easy for somebody to get a replacement DVD if it gets damaged or lost."
"People are swapping movies they've never seen before on-line. Maybe we should make it easier to 'preview' the movie to see if it's worth buying on DVD. How about cutting deals with HBO so they can get movies faster?"
Imagine if they were to use logic like that...
Re:I'm shocked (Score:2)
Re:I'm shocked (Score:3, Funny)
Then they would fall back to the old dark ways of marketing, using obsolete reasoning likem "Find out what the customer wants and give it to them." Such anti-progress is unacceptable.
Re:I'm shocked (Score:3, Insightful)
Renting a movie implies driving off campus, finding a video store, renting the movie, and returning it in a timely fashion.
Problem 1: No car.
Problem 2: No video rental stores within 5 miles.
Purchasing DVD's is not out of the question, but buying more than a few a year stresses my budget. I did buy Oceans 11 and Lock Stock...Since I wore out my HD watching them on divx.
Problem 1: Students' incomes are quite low, and not continuous all year long.
Problem 2: I need to buy books. Textbooks are expensive.
Problem 3: 10 DVDs * $20 each = $200. 200 bucks is a large percentage (don't laugh) of my annual income.
Since the advent of CD's, I have only bought about 3. These CD's were compilations, since most artists don't have an entire CD of great songs. It's not that I enjoy downloading mp3s, but there is no way in hell i will pay $20 for a little plastic disc with 2 decent songs on it.
As mentioned in another comment, paying for a service to deliver high quality music to my desktop is not out of the question.
It needs to be always on, and able to stream at 50kb/sec.
Make it known that you can have any song, anywhere, anytime, and people will pay for this service. I know I would.
Availablity and price are the two things killing the music and movie industry today. Provide a low cost, easily accessable way to watch movies and listen to music, make it easier and faster than current P2P, and your industry will start raking in money.
Re:I'm shocked (Score:5, Insightful)
You have a choice. Pay for the movies, or pay for the books - but don't pretend that being short on cash makes it OK to watch rips off the net. It's still wrong.
Re:I'm shocked (Score:2)
Anyhow. It's like this. Prosecuting 19 year old kids file trading in their college dorm room isn't a great way to make money. It's a great way to get everyone to call you a jerk and never buy your stuff again.
It comes down to this. The people doing most of the file trading are the people they are trying to sell to. If you put these people in jail or sue them to peices they won't buy your product. So that's a bad idea.
What you want to do it find out why they feel the need to break the law. Once you know that you know something key about your target audiance.
I think an execelent point is made. I -=will not=- pay $23 for a DVD. Ever. No way. I'll buy it ten years later if I really have to have it... but never for $23. I don't download movies off of the internet or anything like that (56k is like that
That's what it boils down to. The buisness model is changing. More and more people are unwilling to shell out that kind of money for a DVD. There's still a sucker born every minute though.
Re:I'm shocked (Score:3, Insightful)
Problem 1: Students' incomes are quite low, and not continuous all year long.
Problem 2: I need to buy books. Textbooks are expensive.
Problem 3: 10 DVDs * $20 each = $200. 200 bucks is a large percentage (don't laugh) of my annual income.
$200 is a large percentage of your income? That's BS. It's a good thing you can play DVDs on your $5 computer. It's also lucky that you can leech free electricty from the building next to the cardboard box where you live. And you must be getting one hell of an education with the other $200.
Clearly $200 is only a large part of your disposable income. Someone (most likely your parents) is paying for your expensive education (unless you're stealing that too). Why don't you quit whining and ask them to buy you some DVDs for Christmas? And while you're at it, ask for a raise in your allowance.
-a
blatantly bad logic (Score:2)
he's not copying someone's MP3s and trying to pass them off as his own recordings. or are you suggesting he is opposed to having people download copies of his research papers and read them?
Re:I'm shocked (Score:2)
and a net connection to be of no other use then to pirate movies/music."
Actually, this exact thought is the basis of my post. If they examined why people copy stuff, as opposed to assuming it's for free content they need to pay for, they could increase their market share by providing what the consumer demands. Their perspective is twisted and they're turning their business into a war. They wouldn't consider hard-drives to be 'piracy' if they realized that the reason I have ripped DVD's on my computer is so that I can watch them on my CDROM-less laptop.
Blah, which some knowhow you can get rid of it (Score:5, Informative)
Re:Blah, which some knowhow you can get rid of it (Score:2)
Im not so sure if its worth the features, if I have to put up with a interface built by monkeys, and hardware thats flimsy.
Re:Blah, which some knowhow you can get rid of it (Score:2, Informative)
> (aka Sony, Toshiba, Panasonic).
what a surprise, given that the big players were part of the cartel [lemuria.org] that developed the whole CSS bullshit.
Re:Blah, which some knowhow you can get rid of it (Score:2)
For example this site [ianc.net] shows how to "hack" philips players.
Philips sold its (music) content business some years ago (Polygram); I think they saw coming the problems that the content providers would get in the digital age, and as a traditional HW vendor they didn't want to get into conflict with themselves.
Re:Blah, which some knowhow you can get rid of it (Score:2)
Re:Blah, which some knowhow you can get rid of it (Score:2)
I won't describe myself as a an "avid" DVD viewer, but I rent 1-2 typically new release Hollywood type DVDs every week and have never had a problem playing them in my Apex 3Disc model.
The only thing that somewhat approaches a "problem" has been some discs will "skip" once or twice during playback; the scene will freeze for 250 ms or so and then continue on. I've always attributed this to dust/scratches on the medium and not to software problems in the player.
As far as picture and sound quality goes, I'm probably a neophyte. My Apex is connected via S-Video to a 10 year old Sony Trinitron and the picture is way better than either of my VCRs, so good in fact that my wife even preferred it. I'm not doing surround sound with it, but the sound is much better than VHS, too. I found rental VHS tapes had non-usable stereo tracks about 30% of the time and damaged ones another 20% of the time, even on new releases I was sure had fewer than 20 playings.
The MP3 playback is pretty much laughable, though, although it is functional. Navigation is bad and there's no shuffle feature. Shuffle is even lacking on regular CDs. Again, it does all work and has worked since I got it, though.
Altogether I'd say it was a reasonable $150 investment 18 months ago; nothing else was available with MP3 then, and I doubt the MP3 features of other players are all that great anyway.
Just use a "video cleaner" (Score:3, Informative)
Nothing new... (Score:2, Insightful)
The question is, wether or not this satisfies fair use. If you can make a low-quality analog copy of a digital work, is the law not still guaranteeing you the right to use the work fairly in it's original - digital - format?
Re:Nothing new... (Score:2)
they don't have to make it easy for you to make a backup of your stuff, but they shouldn't take that right away altogether.
Re:Nothing new... (Score:2)
Just playing devil's advocate here.
Re:Nothing new... (Score:2)
Hammy
Suprise!!! (Score:3, Funny)
So, the MPAA lied about all these things happening if all copys were outlawed and anyone making a copy were not immediately jailed?
Re:Suprise!!! (Score:2)
Anyone can do this... (Score:3, Informative)
Re:Anyone can do this... (Score:4, Informative)
Re:Anyone can do this... (Score:2, Informative)
A little thought shows why this is: the Macrovision signal is just a very high-intensity band of very bright signal inserted just after the colorburst signal at the start of some video fields. It's completely in-band (if a little hot) so your modulator will be more than happy to add it to the modulated signal and pass it on down the chain.
Why spend $200? (Score:5, Informative)
*** Breaking News *** (Score:5, Funny)
Supportors of the DMCA where quoted as saying "We are very happy a public supporter of the DMCA has finally come forward from the slashdot crew movement"
Re:*** Breaking News *** (Score:5, Funny)
Hey, shouldn't that be: .. a bold and italic statement .. ?
yuk yuk yuk
Re:*** Breaking News *** (Score:2)
I hope he gets charged with infringement... (Score:5, Interesting)
We very much need a test case with a judgment in favor of consumer rights.
We need a legal case to which we can point, when we're arguing what our rights really are...
Personally, I've used one of those anti-macrovision boxes (I got mine for $50) and it works great. I didn't create the technology, and I've only used it in the privacy of my own home, excercising my 'fair use' rights as a consumer, so I should probably be safe.
The methodical corporate destruction of consumer rights must be stopped.
...and gets tried and acquitted in open court. (Score:2)
I don't want to wish the guy into jail, but perhaps widespread public outrage would be better than mere circumscription of the DMCA. With an acquittal no doubt fair use would be improved a little, but only to the extent of defeating Macrovision for your own non-infringing purposes in your own home. Region coding and Track-0 on DVDs would remain untouched. Security disclosure would remain a crime.
MacroVision Defeating Hardware...?!?! (Score:5, Informative)
It is a MacroVision-defeating hardware device, prepackaged, for $50 or so.
I was actually a bit astounded that someone hadn't come and stomped on the balls of this company.
For my money, though, it's VideoLan Client [videolan.org] or nothing.
Re:MacroVision Defeating Hardware...?!?! (Score:2)
I was actually a bit astounded that someone hadn't come and stomped on the balls of this company.
Well, I can't see how something like this could be illegal (or at least upheld in any court). I bet that nowhere on the package did they even mention Macrovision. It's just a thing that makes the signal clearer, which can have many legitimate uses. The same stuff is bound to be in any reasonably high-end video editing suite too.
AFAIK, Macrovision removers haven't been illegal at least until the DMCA. But does the DMCA outlaw them? They're not exactly digital...
History (Score:5, Interesting)
Has there ever been an industry which has survived solely on the basis of legislation?
The recording and software industries suddenly find themselves without the natural protections of severely limited bandwidth or formats which discourage copying. As such, their business models (which have only really existed for the last few decades) seem dangerously out of date, especially on the music side. Video games and movies are still somewhat protected by large size, but with the proliferation of available bandwidth this seems only like a matter-of-time issue (although non-console video games and other computer software have some other outlets, the effectiveness of those recourses is also open to question).
So, it appears that their only tool to perpetuate their current business model will be legislation like the DMCA. Can anyone think of an industry where this survival-by-lawyers tactic has worked for more than a few years? Or are they destined to slide out of business as they know it?
Of course, we live in a historically litagous time where the law and lawyers have more power than ever, so maybe part prescindent isn't relevant. It seems entirely possible to me that they could stave off any sort of mass-advancement just be completely crushing those who oppose them (am I going to risk any real threat of a massive fine just to copy a few CD tracks?).
If the RIAA had owned the buggy industry in 1900, I think we'd all still be whipping our horses to get to work in the morning.
Re:History (Score:5, Funny)
Re:History (Score:2)
I'm sure you can think of more.
Re:History (Score:2)
Amtrak
Nuclear power
Remodeled houses in the inner city
These are all the recipients of heavy, heavy subsidies. USPS is now theoretically independent, but try putting a UPS or FedEx package into your mailbox.
Tobacco survives only because of its lawyers; they survive currently in a legislative environment hostile to them.
Re:History (Score:2)
Amtrak
Nuclear power
Remodeled houses in the inner city
Tobacco
The USPS is financially independent; that's why it costs so damn much. Amtrak is being pushed in that direction, but it just costs too much to survive. These aren't industries that wouldn't survive without legislation, however. There are a lot of shipping companies that do quite well- you listed UPS and FedEx. The government doesn't keep them afloat. There are several rail lines that are doing well, too. Washington just wants to make sure that niche services like first class mail and passenger rail are universally available.
All the nuclear plants I can think of are owned by power companies. The government regulates the hell out of them but doesn't own them.
The remodeling industry does not survive because people are forced to get new kitchens every few years. Many cities that suck, however, are understandably interested in urban renewal.
Tobacco survives because they sell something people really want. Their lawyers are just there because of morons who whine when they get cancer, as if they didn't do it to themselves.
All of these industries are full of companies with good business models. Amtrak and the USPS would lose money without the support and/or protection they get, but they get it because Washington wants to make sure those services are provided.
None of these industries have failing business models and so need legislative protection. Washington doesn't want to insure that we continue to get crappy top 40, they just want to continue to get campaign contributions.
Re:History (Score:2)
Think about it. Would you carry something across the country for me for 37 cents?
I could be wrong here, but I think the USPS (letters, not packages) is very reasonably-priced.
Re:History (Score:2)
Where their real cost comes in is that they're a public service. A letter across town costs you just as much as a letter to the far tip of the Aleutians. They're not about to shut off the routes that cost too much to service.
If they streamlined, or recieved federal funds, we could probably still pay 20 cents an ounce- for local mail. So mail on high volume routes subsidises the sparse ones. 37 cents an ounce seems cheap, but my point was that USPS isn't government funded, so its prices are realistically high rather than artificially low.
Re:History (Score:2)
> the basis of legislation?
yepp, the law industry.
see, most laws are drafted by lawyers ("law expert advisors to congress"), then litigated in front of a lawyer/judge panel by opposing/collaborating lawyers (attornies). a perfect closed system, works like charm.
Re:History (Score:2, Insightful)
Or if a few (say 5 or so) large companies owned the automobile business, we'd still be driving to work in 2002...
Re:History (Score:2)
Before WWII trolleys were more common in cities. After WWII with the surge in spending on cars, the auto industry came in and bought up all of the trolley infrastructure they could. Now we use cars and buses, and bigger cities have subways. I guess San Francisco still has trolleys, maybe a few others.
Re:History (Score:2)
Now we're spending close to $1 billion of yours and my tax money on an under-capacity, over-budget, light rail transit system on a route where it's not needed the most. That's progress.
Re:History (Score:2)
This is kind of 'against the spirit' of what you're asking, but here is an example: The radar/laser detector industry.
Their lifeblood is the anti-speeding laws. Without such legislation, there would be no demand for radar/laser detectors because the police wouldn't be trying to clock you.
Re:History (Score:2)
The dry cleaning industry is trying to do it now. Discount dry cleaners are hurting the smaller independently owned cleaners and they are banning together to try to stop the big chains from going in. It seems that the discount guys are charging the same for women's clothing as they do for men's and that has these smaller guys in an uproar.
But in the case of the dry cleaners they are trying to stay in business via legislation where the entertainment industry is just trying to keep from being ripped off. Its not like the RIAA or the MPAA is preventing independent artists from distributing their work and making money. They aren't doing this to stifle competition. Maybe long term if they get their way then it would be difficult for an independent artist to produce and sell work without their representation but I don't think that is their goal. Even today if an artist were to sell his own MP3's for $.50 a song, those songs if good would be all over the P2P networks and he'd be just as pissed as Hillary Rosen.
Re:History (Score:2)
Airlines. You think the airports appear without legislation?
Re:History (Score:2)
Re:Hm, yes. (Score:3, Funny)
Bruce Perens??? (Score:2, Interesting)
What happened there?
Re:Bruce Perens??? (Score:2)
So what (Score:2, Interesting)
Macrovision is in the analog domain, and the much touted copyright "protection" law is only in the digital domain, hence the name:
Digital Millenium Copyright Act.
So he broke no law. So who cares?
Re:Patents (Score:2)
This isn't true.
A Time Base Corrector [datavideo-tek.com] defeats ALL forms of Macrovision and is still legal for sale in the USA [tenlab.com], not to mention created far before Macrovision was a glint in its maker's eye. If it weren't I know a LOT of broadcast studios that would be EXTREMELY angry right now.
If it has Macrovision don't copy it. (Score:3, Interesting)
You want to copy it for backup purposes.
I think I see 3 problems here...
I think before any DMCA type stuff is added to any kind of media, the media producer needs to be held accountable for replacement. I've never seen this happen however as most of them simply tell you "Return this to your place of purchase"
Problem is, the place of purchase has no easy way of RMA'ing defective merchandise.
Wait a minute!
*light bulb*
I think I see an easy solution to all this. When you purchase something you should be able to anonymously register your product online (HINT HINT!) When it goes bad, you go online, login, report it bad and get a POPRMA# (place of purchase return merchandise authorization #)You take your bad merchandise back to the store with your POPRMA and the store validates the POPRMA and destroys the media.
Now that the media producer has a valid POPRMA, they just mail you a new tape.
Unfortunately, reality is record companies (major labels) are all bloodsucking thirsty vultures that would eat your grandparents. They would soon as rather write off the sale with no recourse than be held accountable for it.
Despite all the good the internet can do, greed, jealosy, and evil are still a part of the human collective. Despite how easy of an idea this may be to implement, these negative instincts are rooted in the core of many peoples brain. You get a lot of money, you want a lot more. Bob has big nose, you want one bigger.
So until mother terasa is running the Media moguls, we're all fucked.
Re:If it has Macrovision don't copy it. (Score:2)
Is there?
Re:If it has Macrovision don't copy it. (Score:2, Funny)
So here's a scenario for you: You buy the latest NSync album. Fair enough. But you REALLY hate NSync, right? So you "scratch" the media to render it useless. You take it back to the store for a replacement. Becuase you hate media companies so much you repeat this process ad nauseum.
Lather, rinse, repeat. Soon no more media company... and no more NSync!
Re:If it has Macrovision don't copy it. (Score:3, Insightful)
Your purchase of a video or album gives you a license to the material. But if the media is damaged, you have no recoruse but to buy ANOTHER license to the SAME material.
The industries blow hot steam about copying and how much they lose to copying. Yet they collect a "royalty" on the sale of blank media, regardless of what the purcahser uses that media for. They receive payment for the sale of a product that they had absolutely NO connection to AT ALL. Its free money to them.
Hell, piracy is economically BETTER for the recording industry. If they sell fewer CDs and pay the artists LESS but make up the difference in the "tax" they collect on blank media sales.
Dazzle Hollywood DV Bridge (Score:2, Informative)
This is a rather nice side effect so now if I ever get motivated I can make some music videos or something for fun.
Good! (Score:2)
I had my worst experience with macrovision with an old TV with a VCR built in. The VCR broke, and I bought a new stand alone unit thinking I'd play it through the TV. But, it went through the TVs circuits and of course, the picture was screwed up.
I ended up buying a new TV. Now why should I be punished by this system for watching tapes that I OWN, that I'm not copying, and that I'm doing nothing illegal with?
I hope these people stop treating consumers like criminals.
Video Stabalizer (Score:2, Interesting)
Without this stuff, my DVD would be useless... (Score:4, Interesting)
Fsck that protection crap. If I didn't think it was futile, I'd never by DVDs out of protest....
BTW, I meant RF cable in TV, not AV cable. *NT* (Score:2)
Ugh.
Why do I even bother with slashdot anymore, mistakes like that are just too hard to correct.
Potter has no DVD Macrovision (Score:2, Interesting)
New Scientist has an interesting article which reveals that super-popular Harry Potter movie which was released on DVD in May, doesn't have Macrovision copy protection at all.
Macrovision's video protection can be found from virtually all DVD discs and commercial VHS tapes. Protection mechanism basically messes up with video sync signal and makes the video signal "unstable" so VCRs and DVD-recorders (stand-alone ones) can't record the video signal. And selling such VCRs in the U.S. which would circumvent this copy protection is illegal.
Now, since market is full of small "black boxes" that remove the Macrovision signal for you -- if you're interested, you can buy one by using this link -- Warner has obviously thought that it might actually be cheaper not to include the Macrovision on the disc and see how it effects on piracy. Adding Macrovision copy protection costs appx. $0.05 a disc. Macrovision is removed at least from USA and UK release versions of the DVD.
See http://www.afterdawn.com/news/archive/3039.cfm
ac
Leave 1201 out of this (Score:3, Insightful)
Using or trafficking in equipment that defeats Macrovision, is not a violation of DMCA.
The most obvious reason for this would be that such equipment has so many uses, that it would be difficult to argue that it is "primary intended" (DMCA language) for bypassing the access control. Most of these things are used in ways that aren't even a little bit gray; lots of people need them just to get their equipment hooked up sanely. I think that if anyone tried to sue someone over this, they would lose badly.
But the more interesting (and important) reason that it's kosher, is that Macrovision shouldn't count as a "technological measure that effectively limits access." (This argument didn't apply to CSS.) The error that Macrovision adds to a signal, is something that people sometimes had good reason to correct, even before Macrovision was invented. Surely, inventing Macrovision can't retroactively cause certain existing devices to become illegal, under DMCA. If your access control exploits a weakness that some peoples' systems may or may not have, it shouldn't count as "effective." DeCSS was developed to counter CSS. TBCs were not invented to counter Macrovision.
I think this is important, because of the stupid copy protection methods that some publishers are trying to use in the realm of music. Some of them seem to rely on bugs in popular CD-ROM firmware (e.g. iMac's) and/or particular ripping programs (e.g. Microsoft's) and may be completely impotent and transparent to more fault-tolerant and robust software that deals with errors smarter. (Software written by the kind of people who don't trust things to work just because they never fail. Do you ever check the return value of close()? ;-) It would be silly if someone were to invent a copy protection scheme that happened to work on 80% of installations, and then got to argue that it "effectively controls access" -- thereby causing the other 20% of users to retroactively become criminals.
So don't ever give an inch on this Macrovision crap. If MPAA wants to try to go after someone for good ol' fashioned infringement, that's fine. But if anyone brings up DMCA to try to suppress TBCs, they deserve -- ahem -- hardship.
When does my art become theft? (Score:4, Insightful)
It takes a specific definition of art to allow synchronous audio - video collage to be its own entity seperate from both the source video and the source audio. Sure, the timecode and scene list of our average video boils down to less than 75k...but it completely changes the context of both the audio and the video source. I can't think of Nick Cave's "Red Right Hand" any more without imagining Vampire Hunter D -- and as any good postmodernist will tell you, a change in context equates a change in meaning and therefore, in my definition of art, a seperate entity.
A painting emulating the style of Chuck Close is not a violation of copyright. A close to exact, hand painted copy of a Close painting is probably okay too. But a photograph of a Close painting, besides being tastlessly ironic, is a violation of his copyright.
If, at a coffeehouse, I hear your song and come up with a clever parody of it, I'm not guilty of copyright infringement. If I record my parody, I'm probably not guilty of anything. If I record you singing it, then speed it up a few hundred cycles per second so you sound like a chipmunk, I might have broken the law. And if I compress your singing using psychoacoustics, and leave it otherwise untouched, I'm a criminal.
I know it seems strange that I'm not arguing that I should be able to make copies of my own work...that seems to be the usual Slashdot line on Fair Use. But I don't care to do so...buying another copy of The Seven Samurai is not a big deal. What is a big deal is the idea that eventually all popular culture will be essentially locked away in copyright law for the 75 years...the better part of my lifetime.
Fair use laws are supposed to protect artistic interpretations, which in the digital age are bound to start with close to perfect digital replicas of the original. Losing our rights to work and create entities with new value is far more dangerous than losing our rights to copy our shit...it's new interpretations that cause us to rise above the trappings of a repetitive popular culture.
The view from the UK (Score:2, Interesting)
Over here almost all DVD players can bypass region encoding, and a many can bypass macrovision.
There are dozens of websites with details of how to disable region codes. Most just need a particular sequence of keypresses on the remote. You would have to try very hard to buy a player that couldn't be made multi-region.
We are region-2, but I would say that 50% to 75% of the DVD's in most peoples collections here are region-1. Even British-made films are released as region-1 only because region-2 is too small a market to make it worthwhile.
Region-2 is shrivelling to nothing, and I'd be suprised if the other regions were different.
Ahhh... Lawyers... (Score:2)
Re:No one cares about VHS anymore anyway (Score:2)
Nobody, unless you're allergic to dogs.
Re:Exactly... (Score:2, Insightful)
Big business does not want independant thinkers, just a mass of sheeple, and when one of those sheeple jump to a higher valence, Big Business and Government is waiting to smack him down.
Re:Huh (Score:2)
What if you're making a copy because you're worried that you are going to lose or damage the original? Fair use, right?
Re:Huh (Score:2, Funny)
Re:Huh (Score:2, Funny)
Re:Huh (Score:3, Informative)
If the original is a computer program, right. If the original is a video tape, wrong. From USC, Title 17, Chapter 1 [cornell.edu]: Nothing in there about backup copies.
From Section 117: So the privilege of making backup copies only applies to computer programs (and possibly rare printed material in certain circumstances) but not videos, CDs, DVDs, etc. It would appear that you and Timothy are both mistaken.
Re:Huh (Score:2)
Copyright law is intentionally very vague, and you neglected to include the most important two thirds of that statute.
There are four factors that have to be investigated in order to determine wether or not it is copyright infringement, or wether it is covered by fair use. It's up to a judge to weigh these four factors and make the decision as to wether or the use infringes on the copyright owner. However, in the situation above, it should be noted that the use is non-commercial, and in the case of the DEFCON presentation it could be argued that it was for educational purposes, and is likely to have a neglible effect on the market. Therefore it would likely pass two of the four factors, and in my reading of the findings in Sony vs. Universal City Studios, it's my opinion that those two factors are the ones that the Justices weighed most highly in reaching their conclusions.
Fair Use? DMCA practical vs expressive Re:Huh (Score:2)
The 2600 case (don't remember the full case name-- who was the plaintiff?) hinged to a very large extent on the limits of free speach, which is absolute insofar as that speach is of political, scientific, or artistic value, but does not exnent necessarily to practical components of a speach. In other words, if I say that the current president of the US is a terrorist and a broke into 1000 classified computers in Australia, this is in theory protected speach (has political value). But if I say "here is how you too can circumvent copy protection," the how-to aspects may not be protected.
That being said, wearing a T-Shirt with the de-css source code would probably be protected as a political statement, IMHO.
What I am saying is that if they decided to prosecute the fellow, they would not have to rely on copyright infringement to do so. Fair use in this case is a non-issue.
Re:Huh (Score:2)
Well, no. "Fair use" is a clearly defined legal term [cornell.edu]. Making copies of a work for your own private use isn't one of them. It's not against the law (says the S.C.), but it isn't fair use, either.
Re:VCDs (Score:4, Insightful)
Don't buy their DVD player, how about that? no one's making you. You can buy one that supports playing vcd, they exist! Hell, you could even start your own company to supply such a product, because demand is clearly high, you could become rich by doing this too! Rich and in the moral highground, way to go !! Or you could start a petition, again, because vcd is so overwhelmingly popular. Or you could do the lazy crap thing to do--whine about it on slashdot.
Re:VCDs (Score:2)
Actually, it's instructive to compare the tax rates that angered the colonists with our tremendously higher taxes today.
I hate taxes ok, but that's not the issue--the issue is taxation without representation. We are represented, feel free to vote for a candidate who DOESN'T want to raise taxes.
And look at the War on (some) Drugs and the Eternal War on Terror for many examples of infringements on freedom.
If you break the law, you're going to get in trouble, I have no problem with this.
Breakin' the law (Score:2)
Yeah...they should've thrown the book at Rosa Parks breakin' the law like that.
Who did she think she was?
Re:VCDs (Score:2)
Regardless of whether the law is just? Besides, you don't have to break any laws to suffer. 80% of citizens whose property is confiscated via asset forfeiture are never even charged with crimes.
What unjust laws are you referring to (note: I'm not denying that there are unjust laws, I just am unsure which you are referring to). I have no problems with drugs being illegal or terrorism being illegal.
as for your 80% stat--do you have any way of backing that up? I'd be really interested to know if that is true.
Re:VCDs (Score:2)
I have a problem with laws against the private use of relatively harmless substances such as marijuana, especially when enforcement of such laws reduces civil liberties and privacy for all citizens. (No, I don't use pot myself.) And I hope you can agree that the DMCA and Disney Copyright Extension Act are blatant abuses of government power.
as for your 80% stat--do you have any way of backing that up?
A quick google search came up with this [drcnet.org] and this [aclu.org].
Re:VCDs (Score:2)
I have a problem with laws against the private use of relatively harmless substances such as marijuana, especially when enforcement of such laws reduces civil liberties and privacy for all citizens. (No, I don't use pot myself.) And I hope you can agree that the DMCA and Disney Copyright Extension Act are blatant abuses of government power.
Pots just not a big deal to me. I've never seen it do good, and have seen many friends crash when getting into smoking and all, so I say good that it's illegal. As for DMCA + et al, I think they go too far, and yet, I think the artists and others have a right to protect their work from being stolen / whatever you want to call it on napster like systems, which is what a DMCA type law should handle.
Thanks for the links.
Re:VCDs (Score:2)
And thousands of people die every year from alcohol, but history has taught us that trying to ban it created more problems than it solved.
I think the artists and others have a right to protect their work from being stolen / whatever you want to call it on napster like systems, which is what a DMCA type law should handle.
Except that piracy was already illegal before the DMCA. The DMCA isn't about preventing piracy, it's about controlling use. It allows publishers to eliminate fair use by slapping any technological access controls on their products, which you are then forbidden to circumvent even if your intent is not to violate copyright.
Re:VCDs (Score:2)
Do you have any problem with cheesburgers being illegal too? How about with Slashdot?
Just because you "have no problem" with something doesn't mean that something is not contrary to the Constitution and rights acknowledged in it.
You don't get my point--the post was about "unjust" laws, and I was saying that I find none of the mentioned laws unjust in the slightest--or unconstitutional.
Re:VCDs (Score:2)
Re:VCDs (Score:2)
http://www.vcdhelp.com/dvdplayers.php
It seems that almost all the players there support VCD...what's the problem?
Re:VCDs (Score:2)
Re:VCDs (Score:2)
USA, government by the hypocrites, for the idiots.
Re:VCDs (Score:2)
Re:Is this really fair use? (ie. Devils Advocate) (Score:5, Insightful)
You get another bag at the grocery store if the first bag rips on the way out, right? Or would you leave the groceries on the sidewalk? Of course not. You've already paid for them.
Now imagine if the store told you you'd have to pay for the groceries again in order to get a new bag.
Same thing as when a record store asks you to pay full price for a replacement cd.
Re:Is this really fair use? (ie. Devils Advocate) (Score:2)
Since the copyright laws specify you're paying for the CONTENT not the MEDIUM it is stored on
Where? I must have missed that part of title 17.
I do think that is the intent, but I don't see it *specified* in the law as such.
Re:Is this really fair use? (ie. Devils Advocate) (Score:2)
Re:Is this really fair use? (ie. Devils Advocate) (Score:3, Interesting)
No, but if you get a scratch on your car, you can get it fixed without buying a whole new car.
Of course, the analogy is ridiculously flawed -- you can't easily compare 1s and 0s to large, resource and labor intensive objects like cars.
However, pretend the auto industry made money by designing cars and then licensing the right to build a single car based on that design (selling, of course, to people who have complete assembly lines in their sheds). People would use their own equipment to create the car based on the data provided.
If I wreck my car, shouldn't I be able to go build another? I bought a license for one Ford Focus, so as long as I'm not cranking out Foci for my whole family, I'm not taking any money out of the hands of Ford or it's designers. All I'm doing is reusing the data to create another instance of the product I've already licensed for my personal use.
Re:Is this really fair use? (ie. Devils Advocate) (Score:2, Insightful)
Further, you purchased a movie. The DVD/VCR tape is simply the medium upon which the movie is stored. A vehicle is a very poor analogy.
I would personally LOVE to be able to copy my DVD's and keep ONLY the copies accessible. The original Master copies would only come out when needed to re-copy a destroyed backup/use copy.
The point is not whether YOU have a need/want to copy your DVD's... The point is that we the people (in the U.S. at least), are losing our established rights to corporate greed steering a corrupt government, unchallenged by an apathetic populace.
Re:Is this really fair use? (ie. Devils Advocate) (Score:2)
Or walking into the room to see all there DVDs scatterd all over while they dance on them... sigh,
Re:Is this really fair use? (ie. Devils Advocate) (Score:2)
Have you ever rented a DVD that's more than a month or so old? It's not pretty.
Part of taking care of data is backing it up. Nobody's asking for each DVD to come with 5 free "backup" copies of the disc here, just to keep the right to back up data.
What does the FBI warning have to do with my legal rights? What does someone else's violation of the law have to do with my legal rights?
The solution to rampant lawlessness is to capture and punish the lawbreakers, not to extend the law to make everything illegal. Even John Ashcroft can't arrest everybody. Especially if they're breaking the law by exercising their legal rights. This is going to take a long time, but the courts are going to throw out a lot these laws. Until then, I guess a lot of us will just have to be "criminals."
Re:Is this really fair use? (ie. Devils Advocate) (Score:2)
When you buy a CD/DVD then you are buying the 'right' to listen/view the material within, with the understanding that you do not own that material, only the right to experience it. That is why most people feel that if the container of said media becomes damaged for any reason, it should be replaced at no fee to the consumer.
Now, let's look at the rest of your statement:
DVD's have a limited shelf life, just as any other media. Being able to make an archival copy of my DVD's ensures that I can enjoy them for as long as I own them.DVD's are susceptible to damage. So again, haveing a copy ensures that I can easily replace a damaged disk at no additional cost to myself.
DVD's are not the final storage media that will be presented to consumers. Why should I have to buy a huge movie library over and over again simply because the industry changes the format that they will support?
Then there's the idea of cultural archival. Consider that many classic movies have been altered in various ways by the studios. Guns removed from ET, editing changes made to Star Wars, etc. In 30 years, if you want to get a copy of the original version of these movies, you won't be able to purchase them from the studios.
So yes, the capability to copy a DVD is not only necessary, but vital. Casual consumer piracy is not the threat that industry pundits would have us believe it to be, nor should it be confused with concerted piracy.
Re:Is this really fair use? (ie. Devils Advocate) (Score:2)
In the UK DVDs are often advertised with the slogan "yours to own". Maybe they don't do that in the US or maybe they don't have laws about truth in advertising