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"Judge: DVD Copying Software is Illegal"

By Neon Samurai ·
That's right. Making legal backups of your DVDs is now officially illegal. I'm sure the judge has a rich understanding of technology and experience to make such a decision.

http://www.wired.com/threatlevel/2009/08/judge-copying-dvds-is-illegal/

Some things just make me shake my head and think; what is wrong with people. That whole fair use thing is so inconvenient, we need something like the DMCA to do an end run around fair use and squash such freedoms dead.

I can only hope this is challenged repeatedly in court.

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OK first thing here is

by HAL 9000 Moderator In reply to "Judge: DVD Copying Softw ...

You need to read the Full Transcripts of the Evidence Submitted before you can even begin to consider what may be right or wrong.

Secondly as this is just what is effectively a repeat of a Ruling from a prior date there is nothing new in it and if anything it is only continuing the existing Ruling which may or may not be correct when all f the possible evidence is looked over.

As I don't have access to the Transcripts and I'm way too busy to look at the moment I'll leave things to others to pick over the bones on but from my experience with the Legal Fraternity I would expect that both sides picked what they thought was their Best Bet on getting a ruling that suited their case and the one who made the fewer mistakes in the Judges Eyes got the ruling that they wanted.

If the full story is not presented to the Judge to be mulled over the Judgment is flawed and judging by the report linked to this is a very Flawed Judgment where you can copy and use what you already own but it is Illegal to traffic in the methods to make the copies to begin with.

The only real outcome may very well be that Under the Fail Use allowances of the Act it is Illegal to Encrypt the Data to begin with thus preventing the End User who pays their money from having Fair and Reasonable Access to their Property.

But knowing how the Legal People work I very much doubt that this will ever be argued before the courts and any one wanting to Take the Movie Industries DVD production Houses would most likely fail to find representation of a suitable calabar to run the case.

Col

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Interestingly the Aussie copyright laws allow for media

by Deadly Ernest In reply to OK first thing here is

transfer for personal use as long as you keep possession of a legitimate copyrighted copy and don't try to give away or sell copies. This would make the anti-copying systems a denial of free and fair use of a purchased product under Australian consumer laws.

Hmm, I wonder how a court case on that would go? I just don't want to be footing the bill.

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Me Neither.

by HAL 9000 Moderator In reply to Interestingly the Aussie ...

I've however always found things simpler if you keep the Legal Eagles out of the Decision Making process. They only manage to muck things up completely.

Col 0:-)

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I fear your correct

by Neon Samurai In reply to Me Neither.

In that it was the legal team with less errors rather than teh legal team with the more just side of the argument that won.. and that it will not be properly contested in court leading to the criminalization of yet another freedom.

I can only hope our courts don't follow the example.

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ok, just to be a wiseguy...

by eM DuBYaH In reply to "Judge: DVD Copying Softw ...

So, it's illegal to copy 'DVD software', but we're all in the clear if it's on CD, right? ((chuckle))

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Now the people who own the copyright to the software

by Deadly Ernest In reply to "Judge: DVD Copying Softw ...

just have to sell it to someone living outside the USA where the DMCA has no jurisdiction and they can make it and sell it from there.

It's funny how the US judges seem to think they make laws for the world, when they don't.

Edit -

The best way to fight pirate copies is to stop charging ten thousand percent profit mark up, and sell for a realistic price - the pirates can't make much any profit then due to no scale savings.

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Or instead of selling

by HAL 9000 Moderator In reply to Now the people who own th ...

They could move off shore and setup business in a place like China.

When they could do as they like and thumb their noses at the US Legal System all that they want.

Of course the Copyright Owners don't help in the anti Piracy side of things as they sell to both sides of the fence at different prices. They firmly believe that the only way to have complete Control is to Control Everything. So they make the Media and then sell it as they please to who they please to make more money for themselves.

Col

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or at least show the justification for such prices

by Neon Samurai In reply to Now the people who own th ...

I mean, if one blockbuster is going to fund a number of more intelligent films then that is something the public should know about. At the moment it's just a high cost with no explanation other than "what the market will bare".

I do think piracy should be discouraged. By that I mean actually duplicating for the purpose of resale not the RIAA over-reaching definition of not buying the same thing over and over for each personal use media format.

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