Latest word on legality of ripping movies?? - AVS Forum
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post #1 of 7 Old 01-19-2012, 05:31 PM - Thread Starter
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I was wondering if there has been any new development on the issue of whether or not ripping a back-up of a DVD/Blu-ray that you own is legal?

As far as I can tell, after a search on Google, the last word was in 2009 from U.S. District Judge Marilyn Hall Patel regarding the case RealNetworks v DVD CCA. She wrote,

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while it may well be fair use for an individual consumer to store a backup copy of a personally owned DVD on that individual's computer, a federal law has nonetheless made it illegal to manufacture or traffic in a device or tool that permits a consumer to make such copies.

Which means that fair-use allows the backing up of movies you own and using the software to do so is legal. But making or selling software to break encryption is illegal. Which is why you can buy software like DVDFab or AnyDVD from overseas companies but not from US companies.

Have there been any new cases or new decisions since this one? I'm not looking for opinions or rants or diatribes against the evil empire,,,I just would like to know if a more concrete legal decision has been made on this issue. My apologies if this is the wrong forum. Thanks.

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post #2 of 7 Old 01-19-2012, 05:45 PM
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The DMCA basically killed fair-use. It states it is illegal to break encryption. And since all DVDs/BDs are encrypted, yes, it's technically illegal.
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post #3 of 7 Old 01-19-2012, 05:53 PM - Thread Starter
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Quote:
Originally Posted by LaoChe View Post

The DMCA basically killed fair-use. It states it is illegal to break encryption. And since all DVDs/BDs are encrypted, yes, it's technically illegal.

Not according the decision I quoted above. I know it's a gray area, but the "consensus" of the 2009 decision is that making back-ups is ok. That's a federal judge's interpretation of the DMCA. She created a precedent which "clarifies" the law.

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post #4 of 7 Old 01-19-2012, 08:48 PM
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Quote:
Originally Posted by shimonmor View Post

Not according the decision I quoted above. I know it's a gray area, but the "consensus" of the 2009 decision is that making back-ups is ok. That's a federal judge's interpretation of the DMCA. She created a precedent which "clarifies" the law.

They're not looking to prosecute the consumer, only the people who create and or distribute the software.


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post #5 of 7 Old 01-23-2012, 04:03 PM
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Quote:
Originally Posted by shimonmor View Post

I was wondering if there has been any new development on the issue of whether or not ripping a back-up of a DVD/Blu-ray that you own is legal?

As far as I can tell, after a search on Google, the last word was in 2009 from U.S. District Judge Marilyn Hall Patel regarding the case RealNetworks v DVD CCA. She wrote,



Which means that fair-use allows the backing up of movies you own and using the software to do so is legal. But making or selling software to break encryption is illegal. Which is why you can buy software like DVDFab or AnyDVD from overseas companies but not from US companies.

Have there been any new cases or new decisions since this one? I'm not looking for opinions or rants or diatribes against the evil empire,,,I just would like to know if a more concrete legal decision has been made on this issue. My apologies if this is the wrong forum. Thanks.

Which oddly enough becomes another law that essentially punishes U.S. companies while doing little or nothing to stop the actual illegal activity since other countries can operate freely and sell online.

I understand illegal distribution as the focus of enforcement efforts but not the development of tools which can be used for completely legal purposes by completely legitimate and paying consumers. Of course this goes right back to the attempts to make the VCR illegal decades ago.

I have a large blu-ray disk collection and find it much more efficient and useful in my home theater and across my network to back them up and pay them from hard-drive. I simply get less usage from my collection when its less convenient to find and play the discs. Limiting my 'fair use' of the product is the net effect here.

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post #6 of 7 Old 01-24-2012, 05:31 PM
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Does anyone see the catch 22 here?

The judge said it's legal to backup your own discs. But it's illegal to make or sell software that enables this.

How does one then get the required backup software?

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post #7 of 7 Old 01-27-2012, 01:22 PM
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It comes down to breaking the encryption which is illegal in the US. So thus the no buying or selling of such software in the US. though as said you can buy the software outside of the US. As long as you retain the physical copy of the movie and don't distribute any of the copies your fine. As they are going after the major offenders. Which is what SOPA was all about. although it took the "power" to far a thus it was shelved.
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