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 Originally Posted by heberman
Good summary nicegoogly,
But I haven't seen anywhere which states that USING DVD decrypter violates the DCMA or any other law. I also haven't seen where anyone has ever had trouble over copying their own DVD's for private, noncommercial use.
My post agrees with you, legitimate back ups of your own software and media are is permissible, provided you do not break the encryption to copy it. There is a bill currently before congress to reform the DCMA to permit legitimate decryption to permit owner of the the media to make back up copies. There are actually two laws that contradict each other right now, with, of course, the DCMA being the only one that the music and movie industry care about so the prosecution ensues. The problem with decryption software, arguably, is it's intended use. Since it is obvious that decryption software will be used, most likely, pirate dvd's and cd's, then it is illegal, which conforms with the currents Supreme Court decision to hold the creators of software that use the P2P networks that intend to share music and movies. DVD Shrink is a great example of trying to get around the "encryption" but at the same time, to compress, you must decrypt, and it also has a decryption function to tear the movie from the dvd itself.
CD's, especially the recent ones, are now considered encrypted since many cs's, like the XXX cd, are multimedia enabled with some video or photos when you place them in a cd rom. To copy these or make mp3's falls into the same illegal use. CD's are not excluded from the DCMA by any means now that a company, not unlike KRamsuers' example of the printer company, can put any cheesy software on their cd's and call it encryption. For example, the part of a cd that when you place it your cd drive contacts the CDDB to read out name of the cd, the artist and track number and name is considered a form of encryption. That has abeen a part of cd's for quite some time.
As far as the difference from making a cassete from the radio and records to making a cd of songs is simple: technology has allowed something better than a paper trail, a digital trail that shows that the item is a copy, where and whom you downloaded from and possible what software was used to rip it from wherever it came from. As much as the new technology tempts us to do more, it gives others greater evidence of wrongdoing that once went on behind closed doors in the privacy of your own home.
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