Quote:
Originally Posted by
Tulpa 
The studio is a party to it, though, as is any "purchase" of any copyrighted material for your personal use. If you break the copyright law, remuneration goes to the studio through civil means. That's the same as any other licensing issue.
That is the entire point: As a consumer I shouldn't need a studio to be party to me format shifting or transcoding
my copy.
The entire point is the DMCA is now a tool for Studios and Walmart to now line their pockets 'again'.
Why do you keep bringing up 'infringing uses'? Not sure where you are pulling that from given the posts in this thread. I certainly haven't mentioned a use that infringes copyright

Quote:
Originally Posted by
Tulpa 
It's the same thing as buying a book. You're purchasing an unlimited license to view that book. You're not allowed to photocopy that book and redistribute it to anyone you please. It's not spelled out in an EULA, but that doesn't mean it isn't a license. And regardless of whether you call it one or not, it's treated the exact same way.
What is up with the 'infringing use' straw man you keep bringing up? Even in your own example you wouldn't be in court over breach of license or contract. It would be a Copyright offense. Not that it has one iota to do with what is being discussed.
Quote:
Originally Posted by
Tulpa 
It's the reason why copying to a personal device is considered "unauthorized." You didn't give notice to the studio you were going to do so, so while it falls under fair use (and therefore legal), it's not an officially recognized authorized copy.
Unauthorized is just a term to sow Fear, Uncertainty, and Doubt by a copyright holder. It holds no water. Under Copyright, Fair Use, and Doctrine of First Sale there is no 'Unauthorized.
To give an example: The reason why selling your DVD on the used market is "unauthorized" is you failed to give notice to the studios that you are selling your copy.
See how that works? You don't need, nor are required, to seek the studios permission to format shift or transcode content. That copy of the movie is YOUR copy. Not a studios. Pixar/Disney doesn't own my copy of 'The Incredibles' any more than they own my house, my car, or my stereo system.
Quote:
Originally Posted by
Tulpa 
Again, that's another licensing issue. So buying a DVD is considered buying the unlimited viewing license to the material, as opposed to buying the content itself (which you could do if you had enough money) and buying the copyright along with it.
I am purchasing a copy of a movie that is granted specificity in the social and commercial framework that is Copyright. I am granted usage under the law. I have not entered into a license with Sony/Fox/TW etc. There is no Jurisdiction clause, there is no mediation clause, there is no contractual remedy clause, there is no implied warranty clause. There is none of that.
I'm a software developer. I am well aware of how this works. Even have taken two companies to court over Copyright infringement to the tune of $62K in attorney fees. Note to companies: if you are going to take the license we sell you and install it at other locations: Don't have them calling us up for technical support

Quote:
Originally Posted by
Tulpa 
That's not the same thing, though, as Pepsi is considered a "consumable." The act of using Pepsi for its intended purpose (drinking) uses it up. DVDs/streaming are not consumables.
The analogy stands on the face that I am purchasing "Pepsi". The can is just a necessary evil. If Pepsi Co. could save the cost of the can and beam their product directly to my gullet they would.
I purchased a movie. The shiny plastic disc is just a delivery mechanism. I purchased something that I can watch format shifted and transcoded.
This is a consumer issue. It's a mess. If I decide to pick up an cloud storage with a provider that has a big fat pipe like Single Hope or BroHost to store my media on the cloud. IMO I shouldn't have to grease palms that I have already.
Not saying that this is a bad service. I am saying that suing other providers that didn't include you in an additional revenue stream outside of the one you already have bears some legal scrutiny.