[CoLoCo] digital copies on Linux

Paul Hummer paul at eventuallyanyway.com
Mon Jan 12 17:08:12 GMT 2009


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>> The way it's written, circumvention devices are illegal, and even
>> simple instructions count as a device.  So, if I told you to
>> bypass the DRM on certain audio CDs by drawing a black line
>> around the edge of the disc with a Sharpie, that would probably
>> not be allowed by a strict interpretation of the law.  And source
>> code to decrypt a DVD would definitely not be allowed.
> 
> 
> And yet tons of programs for making "backup" copies can be legally purchased
> as does libdvdcss2 or whatever. The truth is we have two laws that are now
> contrary - one says I can backup and archive and transfer my legally
> purchased copy, the other says I can bypass the encryption which I need to
> do in order to do the first thing. This is an f'ed up situation and as it
> stands right now fair use seems to be trumping dmca for this purpose. Where
> we are heading who knows.
> 
> 

You cannot, under any circumstances, bypass encryption of copyrighted work using
open source software in the US.  libdvdcss2 is a violation of the DMCA, which is
why Fedora doesn't have it in the repos (Fedora is a US based OS, Ubuntu is
invincible  :).  Also, there are no laws that say you can have a backup, period.
 It's a fuzzy line that no one has really championed the money for lawyers to
define.

>>> If you own it, you can do as you please with it as long as you
>>> are the one still using it.
>> You don't really own the movie.  You own a piece of plastic.  The
>> data on it belongs to someone else.
> 
> 
> Ah, and there in lies the rub. No, I don't own the movie, but I did legally
> purchase a representation of the movie that I am allowed to view as many
> times as I want. I can even sell my representation for as much as anyone is
> willing to pay.

Movie companies hate this, and have tried a few times to make sure you can't
resell your old movies by adding a DVD protocol that would make it so the DVD
only played in the first DVD player that played it.  Fortunately, humanity
prevailed, but probably only because they feared the outcome would fetch a
lawsuit that would define the copy protection laws a little more clearly, and
they like the vagueness, as it causes fear.

> What about a book? I can read it as often as I want, I can
> loan it to as many people as I want. I could even read it out loud and
> record my voice so that I could listen to it my car.

But you can't give that recording to anyone, and you can't read it aloud with
anyone around (like, say, at the public library) without written permission.  In
fact, the NFL says any talking about a game is a violation of their copyright.

> I could do an
> interpretive dance and video it and watch it on my computer or tv or iPod or
> whatever. Does that mean I "own" the book? Certainly not. I can't make my
> own copies and sell them (unless I wrote the book). But I can enjoy the book
> in any way I choose and as often as I choose. How is a movie any different?
> I can watch it where ever I want. I can loan it to anyone I want and I can
> watch it on whatever device I want. I purchased the rigth to view the movie
> and no court has said that I can only watch it in one specific way. The
> movie nazis would like to say that. They would like to make me pay to watch
> it every time (remember the original divx players that utterlly failed and
> now Circuit city, the backers, are going out of business). But truth is that
> I purchased a representation and can do what I like short of making copies
> and selling/sharing them. DRM infringes on my right to watch the movie.
> Would you pay to go see a movie if you had to buy special glasses to decode
> it and special headphones to hear it and then have your memory erased so you
> can't remember it later.
> 

If you have the money, please employ lawyers to push this all the way up to the
Supreme Court.  I have so much apathy towards this situation in the US that I'll
continue to perform questionably legal activities to watch the entertainment I
want to watch, and unless someone does something about it soon, the Brad Pitt
might have to take a paycut on his next movie, because I won't be buying it.


- --
Paul Hummer
http://theironlion.net
1024/862FF08F C921 E962 58F8 5547 6723 0E8C 1C4D 8AC5 862F F08F
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