First off, I just want to say I completely agree with the secondary topic of the article, that CSS (and AACS/BD+) and their licensing restrictions stifle innovation.
Can anybody here imagine a world without the iPod? How many billions of dollars in economic activity has the ability to rip CDs caused/allowed.
Just think of a world where ripping DVDs (and BDs) were perfectly legal, Sony, Pioneer, Vizio, etc, they'd all have movie servers with Gracenote-powered metadata and plug-n-play simplicity.
Originally Posted by assassin
Yes. They are illegal.
I don't think it's nearly that clear cut. Creating AnyDVD and the like, yes clearly illegal per the DMCA. Selling AnyDVD and the like, yes, clearly illegal per the DMCA.
Buying, using AnyDVD? As an end user, not so clear. There are lots of weasel words in there and it's definitely (in my IANAL reading) clear that end users making rips themselves is illegal.
I suggest anyone interested read this:http://www.copyright.gov/legislation/dmca.pdf
Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code. New section 1201 implements the obligation to provide adequate and effective protection against circumvention of technological measures used by copyright owners to protect their works. Section 1201 divides technological measures into two categories: measures that prevent unauthorized access to a copyrighted work and measures that prevent unauthorized copying of a copyrighted work. Making or selling devices or services that are used to circumvent either category of technological measure is prohibited in certain circumstances, described below. As to the act of circumvention in itself, the provision prohibits circumventing the first category of technological measures, but not the second.
This distinction was employed to assure that the public will have the continued ability to make fair use of copyrighted works. Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense to the act of gaining unauthorized access to a work, the act of circumventing a technological measure in order to gain access is prohibited.
A couple things I find interesting about that:
1) "Making or selling devices or services that are used to circumvent either category of technological measure is prohibited in certain circumstances, described below."
This applies to AnyDVD and the like.
2) "As to the act of circumvention in itself, the provision prohibits circumventing the first category of technological measures, but not the second."
My IANAL argument is that the sale
of a DVD/Blu-ray explicitly grants access to the movie on the disc thus making ripping copying and not unauthorized access (how can they argue that you're not authorized to access the movie you just paid for).
Just my IANAL thoughts on the issue from our end user perspective. We'll see what happens if it's ever tested in court.