Let's try this again
So, I wrote a post about the DMCA earlier today in a somewhat peeved state of mind. It is still a little annoying to me now, but after re-reading my post, I think I went about it pretty immaturely. And I mentioned something near the end about not addressing the question of whether or not a Christian should obey the law even if it's ridiculous. I still don't want to bring it up, but by the way I phrased that comment in the previous entry, I think I was leaving the door open to do what I wanted to do, whether I found it to be binding or not, which isn't a good attitude either. I apologize for those things if you read the first entry already. As I remove my foot from my mouth, I have edited it below and hope this is more tactful. And while I am still annoyed at the ignorance of the law, I hope the presence or lack of ignorance in the law doesn't affect my decision about it - that is, whether it's binding, or whether Fair Use would provide an exception to the DMCA. If you don't know what I'm talking about, just read the post below.
That's all a little jumbled. I hope it makes sense!
Original post:
This article is a little old, but as far as I know it's still the way things are today.
We all probably know that it's illegal to share copyrighted audio (like CD tracks) and video (like commercial DVD movies) online or with friends, and especially illegal to sell it. Unfortunately, it's not only illegal to do that, but it's illegal to copy most commercial DVDs due to the 1998 DMCA. More accurately said, it isn't illegal to copy DVDs, but it is illegal to circumvent copy protection/encryption which is present on nearly all commercial DVDs. So effectively, it's illegal to copy them, whether you intend to share them with the world online, or just keep a personal backup on your computer (or put it on your iPod).
This is frustrating to me, because it does nothing but to limit the conscientious, law-abiding citizens in their use of the DVDs that they have already paid for. If someone is intending on sharing copyrighted content and know full well that it's illegal to do so, are they going to be stopped by the DMCA? No, the only people it will stop (for the most part) are people that are intending to use it personally, and lawfully. People who pirate media don't care about the copyright law, so there's no reason for them to care about the DMCA.
Now, some producers (go Disney!) have overcome the mistakes of those that came before them, and include an unencrypted digital copy with their DVDs so as to let people put their movies on their own computers legally. Granted, you have to link it with your iTunes or equivalent account which makes it difficult to spread it to other people. But if you're not intending on doing that, I don't think that would be a problem.
My question is (and perhaps you can help on this!) is whether Fair Use would legally cover circumventing the copy protection for personal use. My guess is no, since the DCMA is so specific about breaking the copy protection. But, that article says that "The DMCA focuses on the circumvention of copy protection and does not take the intentions of the user into account." - so maybe there is a little hole for Fair Use to get in. I don't know. Law isn't really my thing. Tell me what you think!
And again, whether this law is irksome or not, I hope I don't use its silliness or inconvenience as a license to break it if I decide that it can't be gotten around under Fair Use. I'm curious to see what you all think!
Oh, and happy Thanksgiving :D
That's all a little jumbled. I hope it makes sense!
Original post:
This article is a little old, but as far as I know it's still the way things are today.
We all probably know that it's illegal to share copyrighted audio (like CD tracks) and video (like commercial DVD movies) online or with friends, and especially illegal to sell it. Unfortunately, it's not only illegal to do that, but it's illegal to copy most commercial DVDs due to the 1998 DMCA. More accurately said, it isn't illegal to copy DVDs, but it is illegal to circumvent copy protection/encryption which is present on nearly all commercial DVDs. So effectively, it's illegal to copy them, whether you intend to share them with the world online, or just keep a personal backup on your computer (or put it on your iPod).
This is frustrating to me, because it does nothing but to limit the conscientious, law-abiding citizens in their use of the DVDs that they have already paid for. If someone is intending on sharing copyrighted content and know full well that it's illegal to do so, are they going to be stopped by the DMCA? No, the only people it will stop (for the most part) are people that are intending to use it personally, and lawfully. People who pirate media don't care about the copyright law, so there's no reason for them to care about the DMCA.
Now, some producers (go Disney!) have overcome the mistakes of those that came before them, and include an unencrypted digital copy with their DVDs so as to let people put their movies on their own computers legally. Granted, you have to link it with your iTunes or equivalent account which makes it difficult to spread it to other people. But if you're not intending on doing that, I don't think that would be a problem.
My question is (and perhaps you can help on this!) is whether Fair Use would legally cover circumventing the copy protection for personal use. My guess is no, since the DCMA is so specific about breaking the copy protection. But, that article says that "The DMCA focuses on the circumvention of copy protection and does not take the intentions of the user into account." - so maybe there is a little hole for Fair Use to get in. I don't know. Law isn't really my thing. Tell me what you think!
And again, whether this law is irksome or not, I hope I don't use its silliness or inconvenience as a license to break it if I decide that it can't be gotten around under Fair Use. I'm curious to see what you all think!
Oh, and happy Thanksgiving :D
I'm feel WAY better right now, though!! I just had a piece of pie. Yummy. I had been waiting all day for a piece.