[olug] Keeping digital backup copies [Was: DVD Ripping]

Will Langford unfies at gmail.com
Fri Oct 17 17:32:15 UTC 2008


On Fri, Oct 17, 2008 at 11:53 AM, Sam Tetherow <tetherow at shwisp.net> wrote:

> That is what Real thought as well, but it seems that the MPAA is now
> stating that if the disc is not in the drive a playback time, you are
> 'circumventing' the CSS encryption.
>
>
> http://arstechnica.com/news.ars/post/20081005-judge-temporarily-halts-sale-of-realdvd-in-wake-of-lawsuit.html
>
>    Sam Tetherow
>    Sandhills Wireless
>

While... it also might have seemed I answered my own question -- it was
still the whole 'fair use' vs 'breaking encryption clause'.

Also - the argument about the disc having to be in the drive is ....
interesting without full infos.

According to:

http://www.usnews.com/articles/business/technology/2008/10/15/realdvd-suit-could-spur-flood-of-legal-dvd-copies.html

It appears the 'disc in drive' is contractual based - not really DMCA .... .
 Also note, that in the case mentioned here, 'disc in drive' was lost by the
studios (or their partners etc).

-----

Despite
the risks, Hollywood had little choice but to invoke the DMCA. That's
because another company that makes media servers had backed the
studios into a corner in a case decided last year. Called
Kaleidescape, that company directly challenged the studios with
software that can rip DVDs to the server, where they are protected
from further copying.

The company was unsuccessfully sued by the group that governs DVD
contracts, a group that includes the Hollywood studios. But that suit
avoided the question of the DMCA ban on copying. It instead claimed
that Kaleidescape had violated a contract with the DVD group.

The suit said that contracts governing DVD players require that the
disk be physically present in a player. The judge, however, said that
requirement was in a secondary document that is not part of the
contract itself. That ruling is under appeal.

----



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