[linux-elitists] Limits on fair use

Don Marti dmarti@zgp.org
Tue Jun 27 14:55:14 PDT 2000


begin  Ben Woodard quotation of Tue, Jun 27, 2000 at 01:41:55PM -0700:

> I have a cassette tape version of an album that I bought at a music
> store from back in the days when you could music on something other
> than CD. A friend has a CD of the same exact album. If I dupe the CD
> is the duplicate an illegal copy?

See the mp3.com case. Just because you would be allowed to copy
media you own does not necessarily mean that you are therefored
allowed to get a copy of the same work made from someone else's media.
http://www.virtualrecordings.com/riaamp3.htm

> I  believe that DVD  players will  play unencrypted  DVD's as  well as
> encrypted  DVD's (right?). Could someone   make a business where  they
> sold unencrypted versions of DVD movies. The tricky  part would be for
> every DVD sold he would   go to the  local video   store and buy   the
> encrypted version of the DVD destroy the original media and replace it
> with an unencrypted version that he purchased.

This is what DMCA is all about.  Currently you can do cd->mp3, cd->tape,
or cd->cd-r copying for personal use.  However, DMCA changes the 
rules without changing the rules.  It still allows you to make the
copy, but it doesn't allow you to circumvent any device that prevents
you from making a copy, so it _indirectly_ outlaws fair use.

New media formats will all include some trivial "copy protection"
scheme, so that any technology for making a copy, even a legitimate
one, will be banned by DMCA.

http://www.tuxers.net/dmca/ looks promising -- anyone else have 
a recommended intro to DMCA?  And if we all volunteered for Friends
of the Library, would we be safe?

-- 
Don Marti                                No haiku patents
dmarti@zgp.org                           means I've no incentive to
http://zgp.org/~dmarti/         
whois DM683     Software patent reform now: http://burnallgifs.org/



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