ChrisBrightwell said:
You're preaching to the choir on this one, my friend.
That said, I don't think anti-circumvention pieces of the DMCA have stood up in court (yet), so I still vote for fair use.
My friend, I know...and...you must be mistaken.
Chamberlain v. Skylink. US v. Dmitry Skylarov/ElcomSoft. Macrovision and MGM v. 321 Studios. And so on.
Oh, and did I mention Universal v. Reimerdes? The one preventing the guys at 2600 Magazine from making DeCSS (the then-popular form of DVD copy protection) available on 2600.com -
http://laws.lp.findlaw.com/2nd/009185.html
Oh hey, the content protection system that's most likely gonna be used on HD-DVD and BluRay disks was the technology voted most likely to fail by one of the IEEE magazines. For the same reasons CSS failed. Nice to know
ChrisBrightwell said:
Actually ... I vote for fair use, anyway. The DMCA is a product of lobbyists and ignorant legislators.
So until someone puts a decision on the Fair Use vs DMCA case, or until disc companies are willing to replace b0rk3d discs, fair use wins. Chalk it up to the consumer rights activist in me.
Fair use is a tough term to define. In fact, if we could define it in such a way that it wouldn't have to be redefined and amended every couple of months, we'd be solving the whole issue. But while people disagree on the definition of fair use, people are going to set their own standards. The DMCA is a product of lobbyists and ignorant legislators egged on by huge companies that provide lots of funding and has lots of power on Capitol Hill.
Don't wanna get into the copyright/cyberlaw stuff that i don't even half-understand but slogged through for my english term paper, I'm just gonna shut up about it now...(or, you can read up on the copyright act of 1970whatever..)
However, nobody's gonna prosecute you for making copies of DVDs for your personal use, besides, companies would look bad suing someone who used that as a way to save $20, and didn't like post it on a torrent site or something.
ChrisBrightwell said:
I disagree. If you bought the disc, it's yours. Call the studio and ask if they'll replace a scratched or otherwise damaged disc. If the answer is, "No," then copy away!
Well, the physical medium is yours. As in, the paper for the inserts, the plastic for the case and the shrinkwrap and the DVD. That doesnt mean the actual content on the disk is yours. It's owned by the entity that has the copyright(s) on it.
And, just look at the way studios are charging $20 for movies for your PSP. Trust me, they will not be replacing scratched/damaged disks en masse for free
So, I still stand by my point. DVD copying (in order to make it watchable) circumvents copy protection put in place, hence it is illegal. Whether or not making copies of said DVD, despite the circumvention, falls under fair use, is yet to be determined. In your book, fair use may win, but that's not something that's necessarily going to hold up in court