Originally Posted by xfett
I like the fact that after "I" purchase a DVD/Blu Ray it is still not "my" property to do with as I please....So all of my back-ups are illegal ??
Originally Posted by assassin
Yes. They are illegal.
Well, let's separate a few concepts here.
First, there are lots of copyrighted things that you OWN, but which you still cant "do with as you please." You can't copy copyrighted works unless a license to do so has been granted to you, or it qualifies as a fair use under the Copyright Act.
Well, the bizarre thing here, is that seems to be pretty well accepted that backing up digital media, and transferring that media to a different form for personal use (such as copying LPs to cassettes as we did in the old days, or ripping CDs to an iPod today) is a fair use. BUT, and this is the big issue, DVDs and BDs are encrypted, and the DMCA makes it illegal to circumvent that encryption, even for copying that would otherwise be a totally legal fair use. (Heck, it's even illegal to circumvent the encryption just to play the disk on a non-HDCP system without any copying at all).
So your backups are illegal NOT because creating a backup violates the Copyright Act, but because in order to create that backup you had to illegally circumvent the encryption. If they weren't encrypted, there wouldn't be a problem.
Oh, and the industry knew exactly what it was doing and exactly that they were creating this backdoor method of restricting the fair use doctrine when they bought and paid for the DMCA.
But, the notion that you're not free to do whatever you want to do with a copyrighted work that you own is hardly a novel concept. For example, does it offend you that you can't legally scan a copy of John Grisham's latest novel that you own and post it on the internet or email it to 500 friends? Does it bother you that if you buy a CD, you still have to pay a licence fee if your band learns the songs and then performs those songs for pay at the local bar? Does it bother you that you can't pay $10 for a DVD and then charge admission to people to come watch the movie? You own the book and the CD and DVD but that doesn't mean you can do anything you want with it. You own the physical object of the book or digital media, not the song or the script or the video on that physical media. Just like when you buy a new CPU or a new car, you own the physical CPU or car, but you don't own the design and technology that went into producing that CPU or car. You're not entitled to build copies of it.
EDIT - as others have noted, the Kaleidescape case was NOT about the DMCA. It was a simple contract case. Kaleidescape signed a contract that said how the CSS could be used, that contract explicitly says not only that a physical disk must be in the device, but also apparently states that CSS is “intended to prevent casual users
from unauthorized copying of copyrighted materials recorded in [DVDs].” So the contract says that the copy protection is not only directed at commercial piracy, but at preventing "casual users" from making copies. Obviously, none of us (I presume) has a CSS license, so the contract issue is pretty irrelevant to us (except that it prevents us from using new products like Kaleidescape) but we're still stuck with the DMCA problem.