An Industry Unwilling to Play by Rules of 'Fair Use'

[Cornucopia]

MBELLOT raises an excellent point.

Some time back there was a dvd copy software that did, in fact, reproduce dvd copies which advertised that it included the protection from the original onto the backed up copy.

Not possible.

Home DVD burners are not capable of burning CSS encrypted disks.

So, actually, since an original would have CSS and a DVD-recordable backup wouldn't, it is strictly speaking NEVER a true 1:1 copy---We're all of the hook! :P

ROF--are you sure that's ALL your going to say on this matter?

Scott

[painkiller]

Okay.

Found it.

I stand corrected. It wasn't what I thought it was doing.


http://www.geek.com/news/geeknews/2002Dec/gee20021206017644.htm

posted 10:49am EST Fri Dec 06 2002 - submitted by Thomas

NEWS
321 Studios has been "in the news" before, with attempts to release commercial software that allowed the copying of DVDs. In April of this year the company attempted to sue the MPAA preemptively to legalize its software (the case is in the process of being dismissed). 321 Studios is now making a second attempt at selling software of this kind, but in an entirely different fashion.

321 Studios has released DVD X Copy, which does nothing to crack the CSS code that the MPAA has defended so voraciously. CSS is code that is protected by the Digital Millennium Copyright Act (DMCA), and releasing any software that decodes CSS-encrypted materials is illegal. DVD X Copy, though, does not need to decode the CSS materials; it allows the DVD player to do that, but pulls the data before it is rendered. Also, DVD X Copy inserts further protections, in fact, including: a disclaimer screen that is displayed first when a duplicated DVD is played in a DVD player, warning the viewer that the copy being viewed is for backup purposes only; electronic controls that ensure the copies cannot be further copied; and a digital watermark that can identify the maker of the copy to prevent files from being traded over the Internet. DVD X Copy is marketed by 321 Studios as simply a way for an owner of a commercial DVD to make a backup copy for personal use only.

DVD X Copy copies all movie material, any additional features, enhanced audio, and more from disc to disc. In the event that the original DVD holds more data than can fit on the target DVDs--capacity varies by standard--DVD X Copy can span the image across several discs. PCWorld observed a copy of Black Hawk Down, a 9.4 GB file, being made in 25 minutes across two discs on an 800MHz Compaq notebook with USB 2.0 external DVD burner.

[BobK]

....(I'm no lawyer)...

One of the most accurate statements you've ever written here.

[johnny quest]

I've read enough nonsense from ROF that I finally have to respond.

First of all, not all the lawyers filing suits in these cases are "in-house". In many cases they have to hire local counsel in states/jurisdictions that they are not licensed to practice, I know this from defending similar suits. You also stated that failure to pay can result in "Contempt of Court". Let me give you some advice, don't go around slinging legal terms when you obviously don't have a clue as to their complete meaning. In cases involving default judgments, there would be no contempt. The Plaintiff would make an offer of damages and then attempt to execute the judgment.

As to your cite to statutes of limitations and renewal of judgments, I can tell you that the info on that site is incorrect as I know for a fact that judgments can be renewed in Tennessee, the site says that they can't. In that same post you cite something about 4 years in jail. This is another example of your complete misunderstanding of the situation. Jail time is only given in a criminal proceeding which would be instituted by the government. While you could be prosecuted and made to pay a fine, this is much different than a civil judgment which can't be enforced by imprisonment. Debtor's prisons went away at least a century or two ago.

The insanity continues where you state that judgments have your dl and ssn, really? That would be helpful for me to have in my suit against the hit and run driver who injured my legal assistant. You then say that a plaintiff wouldn't have to file suit in another state, wrong. While each state must observe the Full Faith and Credit clause of the U.S. Constitution, the plaintiff would still have to enroll the foreign judgment and then seek execution in the appropriate court of the new state.

Look, I don't advocate violating the law, ducking judgments, or screwing someone out of their intellectual property, but don't go posting about the legal process when your only advisor on the subject is the Google search box.

[ROF]

As to your cite to statutes of limitations and renewal of judgments, I can tell you that the info on that site is incorrect as I know for a fact that judgments can be renewed in Tennessee, the site says that they can't. In that same post you cite something about 4 years in jail. This is another example of your complete misunderstanding of the situation. Jail time is only given in a criminal proceeding which would be instituted by the government. While you could be prosecuted and made to pay a fine, this is much different than a civil judgment which can't be enforced by imprisonment. Debtor's prisons went away at least a century or two ago.

First, I've lived and worked in Tennessee. I do know about Debtors Court and Civil Judgements from going after those who think they can write checks for goods and services with insufficient funds and no intent to pay. In Debtors court there is no renewal of judgements.

Second, Violation(s) of the DMCA which occurs when you use ripping tools in the US to copy Copyright Protected material is a criminal act and is or can be prosecuted in either Local of Federal Court depending on the offense.

[offline]

I'm moving this to off topic. Keep it civil please.


-edit-

bad pun

[johnny quest]

You can renew a judgment every ten years, see T. C. A. § 28-3-110. You say you know about Debtor's Courts, that's interesting considering there is no such thing as Debtor's Court in Tennessee. There are General Sessions Courts, Chancery Courts, Circuit Courts, Probate Courts, and Bankruptcy Courts.

I addressed the criminal prosecution angle in my previous post but I guess you didn't bother to read where I clearly stated that criminal proceedings don't involve the collection of debts, only restitution, and are wholly separate from civil proceedings. The prosecution of the DMCA cannot be prosecuted in state court as it is a federal statute.

[Noahtuck]

Edit:
Nevermind......

[Dv8ted2]

Second, Violation(s) of the DMCA which occurs when you use ripping tools in the US to copy Copyright Protected material is a criminal act and is or can be prosecuted in either Local of Federal Court depending on the offense.

Then why are you here?

[gll99]

edit:
What's the use of trying to discuss anything about fair use with ...........
edited again:
Forget I ever said that!

I sure hope no one quoted me


Last edited by gll99 on Dec 13, 2015 25:07, edited 147 times in total

[Dv8ted2]

Does anyone else see a disturbing parallel that the entertainment industry has with the Borg?

[painkiller]

Yes.

But I refuse to be assimilated.




(it's not fair, I tell you! it just ain't fair!)