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  1. Member
    Join Date: Jan 2004
    Location: United States
    Search Comp PM
    If someone buys a video DVD (not encrypted with CSS), rips the content off and uploads it on sites like rapidshare, et al, what specific US law are they violating? Is it a section within the DMCA? I know it's illegal, but I cannot seem to find this information anywhere.
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  2. Member
    Join Date: Oct 2004
    Location: Freedonia
    Search Comp PM
    The DMCA forbids violating copy protection unless you get a waiver. They are granted but NOT to individuals for home use (libraries and universities are who gets them). If you share something you ripped, you've violated US copyright law. If that answer isn't good enough, you need to see an attorney, which the folks here are NOT.
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  3. The DMCA makes it illegal to decrypt the encrypted data on the DVD. It says nothing about overcoming any of the other copy protection techniques used (file/folder obfuscation, bad sectors, etc.). For non-encrypted DVDs the DMCA does not apply.

    Copyright law applies to all Copyrighted material. Copyright law gives the Copyright holder exclusive distribution rights to the material. You are not allowed to distribute the material without the consent of the Copyright holder.
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  4. I wonder if anyone has received any letter/legal action for capturing/downloading an on demand stream TV program, and then distributing this file.
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  5. Originally Posted by jimdagys View Post
    I wonder if anyone has received any letter/legal action for capturing/downloading an on demand stream TV program, and then distributing this file.
    File sharing/storage/usenet sites get DMCA takedown notices for that all the time. I don't know if legal action has ever been taken (or threatened) against the uploaders though.
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  6. Banned
    Join Date: Nov 2005
    Location: United States
    Search Comp PM
    Originally Posted by jagabo View Post
    Copyright law applies to all Copyrighted material. Copyright law gives the Copyright holder exclusive distribution rights to the material. You are not allowed to distribute the material without the consent of the Copyright holder.
    there's actually a bit more to it than that. in order for a copyright claim to be valid and thus actionable a copy of the work must be deposited with the library of congress within 30 months of the date the work is published:

    http://www.copyright.gov/help/faq/mandatory_deposit.html

    furthermore if one wishes their copyright to be enforceable they must register the work with the copyright office:

    http://www.copyright.gov/help/faq/faq-general.html#mywork

    i think there's also a few more provisions that people have used to defeat claims of copyright infringement.
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  7. Member
    Join Date: Jan 2004
    Location: United States
    Search Comp PM
    So the law with regard to uploading and sharing via those sites that would apply would just be general copyright law, not the provisions of the DMCA. And yes, that provision about circumventing copy protection encryption wouldn't apply if the discs don't have that feature..
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  8. Originally Posted by sdsumike619 View Post
    So the law with regard to uploading and sharing via those sites that would apply would just be general copyright law, not the provisions of the DMCA. And yes, that provision about circumventing copy protection encryption wouldn't apply if the discs don't have that feature..
    I believe that's the case. But you should get a lawyer's opinion if this is critical to you.
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  9. Member
    Join Date: Jan 2004
    Location: United States
    Search Comp PM
    Thank you, but no not critical.
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