Results 1 to 20 of 20
  1.    #1  
    The iTunes video discussion got to me thinking about "fair use" and the Treo as a multimedia device. Not much content is sold specifically for use on the Treo. What does the law say about taking various forms of media (music, video, audiobooks, ebooks) and "repurposing" them for use on the Treo and other devices that were never indended as playback devices?

    I think an easy case is a DVD I own. I rip a copy of the film down so it fits on my Treo and I do not give it to anyone else. Legal? I assume so - am I correct?

    How about a TV show I record on a Windows Media Center PC? I never "bought" that content. Can I rip it and do the same as I did with my purchased DVD? I don't know.

    People who create content clearly have rights regarding its distribution and a right to receive compensation from consumers, don't they? Is some content protected and other content not?

    I thought this might make for a lively thread - but I wanted to separate it out from the specific iTunes video issues being discussed elsewhere.
    Current: iPhone 3G
    Retired from active duty: Treo 800w, Sprint Touch, Mogul, Apache, Cingular Treo 650, HP iPaq 4350, T|T, M505 - Nokia 3650 - SE R520m, T610, T637, Moto P280, etc, etc...
  2. #2  
    There is no fair use in the US any longer, remember 321 Studios, DVD XCopy Gold ?
  3.    #3  
    Quote Originally Posted by dlbrummels
    There is no fair use in the US any longer, remember 321 Studios, DVD XCopy Gold ?
    So technically, even my "easy case" of copying my own DVD for my own use is illegal today?
    Current: iPhone 3G
    Retired from active duty: Treo 800w, Sprint Touch, Mogul, Apache, Cingular Treo 650, HP iPaq 4350, T|T, M505 - Nokia 3650 - SE R520m, T610, T637, Moto P280, etc, etc...
  4. #4  
    Quote Originally Posted by phurth
    So technically, even my "easy case" of copying my own DVD for my own use is illegal today?
    Yes, it is. The CEO from 321 Studios spent all there funds fighting Jack for "Fair Use".
  5. #5  
    There is still fair use, but there is the DMCA now as well. It apparantly trumps fair use. You aren't allowed to circumvent a copy protection schemes or encryption in order to make a copy. Most DVDs have a copy protection scheme built in, although a weak one, and you are circumventing it when you rip them.
  6. #6  
    Nope, you are not entitled to make a backup even for yourself.

    Quoting Jack Valenti, "If you want a backup copy then you have to buy another" !


    "Companies have a responsibility to develop products that operate within the letter of the law and that do not expose their customers to illegal activities," said Jack Valenti, chief executive of the Motion Picture Association of America.
    Last edited by dlbrummels; 10/13/2005 at 07:17 PM.
  7. #7  
    The fair use part of copyright law encompasses a lot more than making backups of a DVD or cd. You can't just say that fair use is gone. It still exists, the only reason that DVD Xcopy (and DVDdecrypter and others like them) got in trouble is because of the DMCA.
  8. #8  
    Yes it is all copyrighted material.

    To silence research that could impinge upon the entertainment industry's desires to protect its intellectual property at all costs.

    1. Executive Summary

    Since they were enacted in 1998, the "anti-circumvention" provisions of the Digital Millennium Copyright Act ("DMCA"), codified in section 1201 of the Copyright Act, have not been used as Congress envisioned. Congress meant to stop copyright pirates from defeating anti-piracy protections added to copyrighted works, and to ban "black box" devices intended for that purpose.[1]

    In practice, the anti-circumvention provisions have been used to stifle a wide array of legitimate activities, rather than to stop copyright piracy. As a result, the DMCA has developed into a serious threat to several important public policy priorities:

    Section 1201 Chills Free Expression and Scientific Research.

    Experience with section 1201 demonstrates that it is being used to stifle free speech and scientific research. The lawsuit against 2600 magazine, threats against Princeton Professor Edward Feltenís team of researchers, and prosecution of Russian programmer Dmitry Sklyarov have chilled the legitimate activities of journalists, publishers, scientists, students, programmers, and members of the public.

    Section 1201 Jeopardizes Fair Use.

    By banning all acts of circumvention, and all technologies and tools that can be used for circumvention, section 1201 grants to copyright owners the power to unilaterally eliminate the publicís fair use rights. Already, the music industry has begun deploying "copy-protected CDs" that promise to curtail consumersí ability to make legitimate, personal copies of music they have purchased.

    Section 1201 Impedes Competition and Innovation.

    Rather than focusing on pirates, many copyright owners have wielded the DMCA to hinder their legitimate competitors. For example, Sony has invoked section 1201 to protect its monopoly on Playstation video game consoles, as well as their "regionalization" system limiting users in one country from playing games legitimately purchased in another.
  9.    #9  
    So content that happens to be encrypted or copy-protected cannot be duplicated, but content that is not - can? If I purchase a music CD, I can make all the personal copies I like. If I buy the same music from the iTunes Music Store I can't? (Ignore for the moment that Apple specifically grants permission to burn purchased music to CD for the purpose of playing it in a traditional CD player or for backup)

    That seems crazy. No wonder there's so much confusion out there. How is the non-technical consumer to know that audio tracks on CDs aren't encrypted?

    So it seems I had it backward: the case of ripping a purchased DVD for my own use on my Treo is illegal - because it's encrypted. Copying an episode of Lost (which I paid nothing for) to as many different mediums as I like (as long as it's for my own use) is perfectly OK.

    If fact, it would seem that I could play the DVD, TiVo the playback, and from there do something with it. Or is that circumventing the copy-protection?
    Current: iPhone 3G
    Retired from active duty: Treo 800w, Sprint Touch, Mogul, Apache, Cingular Treo 650, HP iPaq 4350, T|T, M505 - Nokia 3650 - SE R520m, T610, T637, Moto P280, etc, etc...
  10. #10  
    If you didn't buy it your a pirate, arrrrrgh.

    http://www.eff.org/IP/DMCA/?f=uninte...sequences.html
  11.    #11  
    Quote Originally Posted by dlbrummels
    If you didn't buy it your a pirate, arrrrrgh.

    http://www.eff.org/IP/DMCA/?f=uninte...sequences.html
    ...and if you bought it - you're still a pirate!
    Current: iPhone 3G
    Retired from active duty: Treo 800w, Sprint Touch, Mogul, Apache, Cingular Treo 650, HP iPaq 4350, T|T, M505 - Nokia 3650 - SE R520m, T610, T637, Moto P280, etc, etc...
  12. #12  
    Quote Originally Posted by phurth
    ...and if you bought it - you're still a pirate!
    Only if you duplicate it without sending another check to the B**tards !


    Last edited by dlbrummels; 10/13/2005 at 07:57 PM.
  13. #13  
    The DMCA sucks. Call your congressman. Support the EFF. Screw the RIAA/MPAA. etc. etc.

  14. #14  
    You got that right !!!
  15. #15  
    Fairplay? Eh...

    http://www.hymn-project.org/

    I'm just waiting for the JHymn/Hymn project to get done and also for future possilble support for video... although since all the vids will only be 320x240, I question the value of trying to rip to dvd etc...
    _________________
    aka Gfunkmagic

    Current device: Palm Pre
    Device graveyard: Palm Vx, Cassiopeia E100, LG Phenom HPC, Palm M515, Treo 300, Treo 600, Treo 650, Treo 700p, Axim X50v, Treo 800w



    Please don't PM me about my avatar. For more info go here.

    Restore your Pre to factory settings using webos doctor and follow these instructions
  16. #16  
    I've reviewed the DMCA and am still not convinced that it prohibbits the owner of a DVD from using DVD Decrypter and making a backup copy.
    Palm V-->Visor Deluxe-->Visor Prism-->Visorphone-->Treo 180-->Treo 600-->Treo 650 on Sprint-->Treo 700p-->Centro-->Diamond-->Pre-->HTC EVO 4g???!
  17.    #17  
    Before using any of the software on this web site, you should be aware of the legal standing of DRM circumvention technology in your own country and make your own decision whether using Hymn Project software is right for you.
    So - again - in the U.S. this is technically a violation of the law. Right?

    Related thought - would the iTunes Music Store be a success without DRM? More precisely, would the music studios allow nearly as much (any?) music to be sold online without the DRM protection?
    Current: iPhone 3G
    Retired from active duty: Treo 800w, Sprint Touch, Mogul, Apache, Cingular Treo 650, HP iPaq 4350, T|T, M505 - Nokia 3650 - SE R520m, T610, T637, Moto P280, etc, etc...
  18.    #18  
    I've reviewed the DMCA and am still not convinced that it prohibbits the owner of a DVD from using DVD Decrypter and making a backup copy.
    It would be nice if the law would catch up with the technology. There are an awful lot of criminals out there who don't even know it...
    Current: iPhone 3G
    Retired from active duty: Treo 800w, Sprint Touch, Mogul, Apache, Cingular Treo 650, HP iPaq 4350, T|T, M505 - Nokia 3650 - SE R520m, T610, T637, Moto P280, etc, etc...
  19. #19  


    As already mentioned above, please support the Electronic Frontier Foundation.
  20. #20  
    By all means protect consumer's rights !

Posting Permissions