federal appeals court: breaking DRM for a "fair use" is legal

[jagabo]

Big news for fair use:

http://arstechnica.com/software/news/2010/07/court-breaking-drm-for-a-fair-use-is-legal.ars

A federal appeals court has just ruled that breaking through a digital security system to access software doesn't trigger the "anti-circumvention" provisions of the Digital Millennium Copyright Act.

[Bonie81]

Big news for fair use:

http://arstechnica.com/software/news/2010/07/court-breaking-drm-for-a-fair-use-is-legal.ars

A federal appeals court has just ruled that breaking through a digital security system to access software doesn't trigger the "anti-circumvention" provisions of the Digital Millennium Copyright Act.

If you download any video(s) from You Tube,

Lets say... Remember The Time by Michael Jackson

or Any other Video, You Name It, You Get It, and See Media Tags,
(c) Google Inc

While Original Copy Right Holder for Remember The Time by Michael Jacksonis Epic Records.
Isn't it?

HOW COME GOOGLE INC hold the copyright for all videos either uploaded by Authentic Copy Right Holder or by Un-authentic Uploader(s)???

Is Federal working on such a major breach of Copy Rights?
It seems like Federal is after mouse while being afraid of Rhinos.

[jagabo]

I don't know where you're getting that from. Google doesn't claim to own copyrights to anything anybody uploads to YouTube. All copyright owners need to do is submit a DMCA takedown notice and YouTube/Google will comply. They operate under the "safe harbor" provision of the DMCA:

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Title_II:_Online_Copyrig...Limitation_Act

[Bonie81]

Here is sample where You Tube (Google .Inc) holds the copy rights for video and audio, both.
I have screen captured pics as well.

General
Complete name : Remember The Time.mp4
Format : MPEG-4

Video
ID : 2
Format : AVC
Format/Info : Advanced Video Codec
Format profile : High@L4.0
Title : (C) 2007 Google Inc.

Audio
ID : 1
Format : AAC
Format/Info : Advanced Audio Codec
Format version : Version 4
Title : (C) 2007 Google Inc.

You may try downloading any video and see.

-OR-

May be, it might be of the terms for authentic or unauthentic up loaders that Copy Rights is automatically transferred to Google .Inc once uploaded., according to their CEO.

[jagabo]

Link?

Ah, I found a few MP4 files. It looks like they routinely fill the Title field with with that copyright notice. I think that refers to the encoder, not the video.

[Anonymous344]

Big news for fair use:

http://arstechnica.com/software/news/2010/07/court-breaking-drm-for-a-fair-use-is-legal.ars

A federal appeals court has just ruled that breaking through a digital security system to access software doesn't trigger the "anti-circumvention" provisions of the Digital Millennium Copyright Act.

I read about this. It is very good news for anyone wanting to make back ups. I have a few scratched DVDs that I am glad I backed up.

[Sartori]

Here is sample where You Tube (Google .Inc) holds the copy rights for video and audio, both.
I have screen captured pics as well.

General
Complete name : Remember The Time.mp4
Format : MPEG-4

Video
ID : 2
Format : AVC
Format/Info : Advanced Video Codec
Format profile : High@L4.0
Title : (C) 2007 Google Inc.

Audio
ID : 1
Format : AAC
Format/Info : Advanced Audio Codec
Format version : Version 4
Title : (C) 2007 Google Inc.

You may try downloading any video and see.

-OR-

May be, it might be of the terms for authentic or unauthentic up loaders that Copy Rights is automatically transferred to Google .Inc once uploaded., according to their CEO.

It does say it its fineprint that you shouldnt be uploading copyrighted material in the first place . Therefore they would be "assuming" that its uncopyrighted material and hence they can claim it - thats if they are placing those tags (we`ll avoid any discussion on the rights and wrongs of that) . No law court would uphold that their claim to copyright supercedes any previous copyright like this instance and if theyre asked to delete they will roll over like a trained dog .

Now (back on topic) if only these Fair Use laws come to the UK , where they`re treating us citizens like untrained dogs and beating us with sticks .

[jagabo]

Youtube's terms and conditions state you grant them a royalty free license. You retain the copyright.

[Bonie81]

[QUOTE=Jeff B;2005195]

Big news for fair use:
I read about this. It is very good news for anyone wanting to make back ups. I have a few scratched DVDs that I am glad I backed up.

It is always better to backup.

[MOVIEGEEK]

This is great news, maybe the MPAA will get a clue and drop DRM altogether like the RIAA has. The RIAA realized that DRM was hurting sales.

As for YouTube jagabo is correct, YouTube can do whatever they want with your video as long as they don't sell it.
Paragraph 6: http://www.youtube.com/t/terms

[Bonie81]

Link?

Ah, I found a few MP4 files. It looks like they routinely fill the Title field with with that copyright notice. I think that refers to the encoder, not the video.

jagabo
hi....
(nothing personal as like you be one of the most responsive member here.)

Link?
Download any video and see.
Even its for encoder????
I do not think Google has any propriety encoder,
Google always sucks on Open Source.

[jagabo]

Link?

Ah, I found a few MP4 files. It looks like they routinely fill the Title field with with that copyright notice. I think that refers to the encoder, not the video.

jagabo
hi....
(nothing personal as like you be one of the most responsive member here.)

Link?
Download any video and see.

When I searched for Remember The Time I didn't find any MP4 files (only FLV). That's why I asked for a link. Later I downloaded some random Youtube videos and found the MP4 files stamped with that copyright notice.

Even its for encoder????
I do not think Google has any propriety encoder,
Google always sucks on Open Source.

After thinking about this more, I think this is Google's way of copyrighting the particular instantiation of the video, not the actual content:

http://en.wikipedia.org/wiki/Feist_Publications_v._Rural_Telephone_Service

Ie, they are claiming to hold copyright to the MP4 file, not the video. Why don't you ask them?

[Bonie81]

[QUOTE=jagabo;2005219]

[
When I searched for Remember The Time I didn't find any MP4 files (only FLV).

It seems already started House Keeping - Mobbing and Sweeping before major Blow!.

[AlanHK]

Here is sample where You Tube (Google .Inc) holds the copy rights for video and audio, both.
I have screen captured pics as well.


May be, it might be of the terms for authentic or unauthentic up loaders that Copy Rights is automatically transferred to Google .Inc once uploaded., according to their CEO.

It does say it its fineprint that you shouldnt be uploading copyrighted material in the first place . Therefore they would be "assuming" that its uncopyrighted material and hence they can claim it - thats if they are placing those tags (we`ll avoid any discussion on the rights and wrongs of that) . No law court would uphold that their claim to copyright supercedes any previous copyright like this instance and if theyre asked to delete they will roll over like a trained dog .

If some media has been released by the author without copyright, NO ONE can "claim" it.
In some cases, as when someone discovers an unpublished work by a dead author, the finder may be able to claim copyright. That doesn't apply here.

If Google's copyright statement means anything, it's just that they created that particular version of the file, so they claim copyright on that; not the original work. Similarly, you see copyright statements on reprints of public domain books (e.g., Charles Dickens, out of copyright), the more careful publishers will specify that it's the "arrangement" that they claim copyright on -- how the book is designed.

In any case, Google (like any hosting service) has to ask uploaders to give them the the right to publish it, otherwise they couldn't legally host it at all. They don't have any rights beyond that, certainly they cannot take ownership away from the author.

[mh2360]

Now (back on topic) if only these Fair Use laws come to the UK , where they`re treating us citizens like untrained dogs and beating us with sticks .

To be fair, although we have no specific fair use laws, neither do we have a DMCA.

In the UK, bypassing copy protection is technically illegal, but we have sort of an unspoken rule that personal copying is allowed as long as it is indeed only for personal use.

As of yet in the UK no one has ever been prosecuted for backing up either games, CDs or DVDs for personal use, and it's doubtful that anyone ever will be.