Ripping DVDs to Handhelds = Fair Use? 228
An anonymous reader sent us a "CNET column highlights DVD to Pocket PC, a US$25 software package that allows users to rip DVDs for viewing on Windows handhelds. The story details the hoops that Amsterdam-based Makayama is jumping through to comply with "fair use" as [narrowly] defined by U.S. law.
Quite fair (Score:5, Interesting)
There *are* handheld versions available of movies. (Score:5, Funny)
Re:There *are* handheld versions available of movi (Score:3, Insightful)
Good point. (Score:3, Funny)
Also, there are some movies that wouldn't translate too well.. I'm not sure if it would work with visual films such as The Matrix Revolutions. 'Big Deus Ex machina head comes out of f**king nowhere' doesn't quite work in text form.
Back on topic slightly, it strikes me that one of the cons of having portable movies like this would be taking a film that's banned in one area to another area - who knows what
Re:There *are* handheld versions available of movi (Score:2, Interesting)
Re:There *are* handheld versions available of movi (Score:2)
you should work for my boss- (Score:2)
here's a classic-
my boss- "meet me at the (name of a shop) between 2 and 4:30"
me-"which-2 or 4:30"
boss- "I don't know, I'll be there between 2&4:30"
yea, I keep ENTIRE books on my handheld.. I also read them, and re-read them..
Wait a minute ... (Score:5, Insightful)
That's bullsh**.
Dlugar
Re:Wait a minute ... (Score:3, Insightful)
so... because i can buy that cd on casette i can't make a tape of it for home use?
Re:Quite fair (Score:2)
A 2-mm-thin, 12-cm-diameter, optical disc isn't handheld-friendly?
Handheld DVD players with integrated LCD screens have been available for a couple of years now. You can even get some models for under $200 at present. It's not a PocketPC, but no, it doesn't have to be.
I can't play DVDs in my VCR, either, but does that give me free and clear permission to dub all my DVDs to VHS tape?
Re:Quite fair (Score:3, Insightful)
Can you explain to me the problem with copying my DVD movie to VHS so *I* can watch it in a room with a VCR but no DVD player?
Re:Quite fair (Score:5, Informative)
The problem is that DVDs are often encoded with Macrovision. So while you do have the right, the content providers aren't required to make it easy.
It is NOT illegal to own a region free, macrovision filtered, DVD player. I have one myself, and the VHS dubs are generally superior to buying a prerecorded tape (if you use good tape and SP recording instead of cheaping out with longer recording times).
The argument is and always has been between buying media and buying content. If you have simply purchased media that has something recorded on it already, you can do whatever you want with it. So the industry claims you are not purchasing media, but are purchasing the right to view the content, you just happen to be purchasing that on in given media format.
If you've purchased the right to use the content, you should be able to use that content wherever you want - rooms without DVD players, the VHS system in your car, etc.... this certainly applies to handhelds and other computing devices.
The sticky situation comes in because the DMCA includes those pesky provisions that make it illegal to circumvent copy protection, even when you can prove you are doing for legitimate purposes. It's basically large content providers banding together to find a way to circumvent fair use provisions of copyright law.
Thank Bill Clinton and Fritz Hollings (D-Disney), and all the other politicians who helped make this possible.
I've been ripping movies to my laptop... (Score:5, Interesting)
Re:I've been ripping movies to my laptop... (Score:4, Insightful)
Re:I've been ripping movies to my laptop... (Score:5, Insightful)
Re:I've been ripping movies to my laptop... (Score:3, Funny)
Rip away!!
Re:I've been ripping movies to my laptop... (Score:3, Insightful)
Re:I've been ripping movies to my laptop... (Score:3, Informative)
The problem is making and selling tools that allow people to do this. These tools may violate the DMCA and stuff. Look at the mess surrounding DeCSS. Here we have the maker of the tool being ac
Re:I've been ripping movies to my laptop... (Score:2)
Re:I've been ripping movies to my laptop... (Score:2)
Similarly, ripping DVDs may or may not be a fair use depending on the circumstances involved. And then there are circumvention issues apart from infringement issues.
You said: copyright law allows you to make all the copies you want
Re:I've been ripping movies to my laptop... (Score:3, Informative)
As for fair use, check out the language of 17 USC 107: In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include....
Thus, there aren't any categorical
Re:I've been ripping movies to my laptop... (Score:5, Informative)
They are both civil and criminal matters, and you could go to prison.
Re:I've been ripping movies to my laptop... (Score:4, Informative)
Take DVD X-Copy for example. Court ruled that they had to stop producing it, but did not go after who bought it.
The fact is, any case that is brought that is actually fair use, the MPAA will lose. It's only by going against the people upstream that they can really win.
--etrnl--
one more nail in the coffin (Score:5, Funny)
Re:one more nail in the coffin (Score:5, Insightful)
I'm sick of being forced through commercials of DVD's i already paid for. EVERY time I want to watch it. And I hate the commercials about the soundtrack that show parts of the movie. I DONT want spoilers before I even get a chance to see the movie.
Re:one more nail in the coffin (Score:5, Insightful)
I think they should stop worrying about gay marriage and start ammending the constitution with some basic consumer protections. Now that's something you'll get a 75% vote for.
TW
Re:one more nail in the coffin (Score:2)
For the others, although inappropriate and annoying, 64x speed gets you through them pretty quickly, and it generally stops on the menu.
I'm wondering, I know that Blockbuster, for example, will sell previously rented DVDs, but are they different then than the "retail" ones, or have more comp
Re:one more nail in the coffin (Score:2)
Can you name one recent release that does this?
Or just rent and then rip.
I don't see how the first justifies the second. There's a difference between owning and copying someone else's...
The Zaurus (Score:5, Insightful)
zaurus r0xit. (Score:5, Interesting)
a complete unix workstation, in your pocket. whatever you can do in linux, you can now do on the sl5500/c860's. its a 64-meg ram workstation with storage (get a nuvo 4gig CF disk, for example), and you've got yourself a computer you won't feel the need to 'upgrade' for at least a few more years. rip dvd's to your CF disk, watch them in landscape mode, set up a private subnet, web server and bittorrent feed over WLAN at your next 2600 meeting, whatever you like.
pocketized, portable, a complete linux.
what is it now, 8 different distro's for the zaurus, including pocketworkstation [pocketworkstation.org] and gentoo, and its still going strong? oh, and hey, don't forget the openembedded [openembedded.org] distro-builder kit for pda's
zaurus freakin' rocks. cult linux item.
Re:zaurus r0xit. (Score:2, Informative)
That's an understatement. The built in keyboard is more convenient to use than handwriting recognition will ever be, plus unlike a stylus, you won't worry accidently losing it. The Opera web browser bodyslams Pocket IE and then beats the shit out of it with a lead pipe. Try Opera for ten minutes and you won't go back to the crappy piece of broken shit that is Pocket IE. Plus, of course, there's the hackability of the Zaurus since it runs Linux.
Re:The Zaurus (Score:2)
Ripping to a smaller format that plays decently on the Zaurus also takes FOREVER (last movie I ripped - Chicago - took almost 10 hours on an athlon 2400+.)
Fair Use? (Score:5, Insightful)
Re:Fair Use? (Score:5, Interesting)
I think there's a direct comparison with ripping MP3's for personal use to be drawn here. If it is fair use to do this in the US, why isn't it for DVD's?
There is fair use in the US (Score:5, Insightful)
Its the way the big media monopolies essentially got around fair-use with DMCA.
Re:There is fair use in the US (Score:3, Interesting)
And with the broadcast bit being slapped on to HDTV, there will come a day very soon where PVR/VCR for TV's will become obsolete.
Then, the mighty media companies can finally shoot for the big dream: Pay-per-play.
Re:Fair Use? (Score:4, Interesting)
By extension, it would be similarly legal to transfer movies to a PDA. It is merely a "necessary step" in the watching of this film on that device.
Re:Fair Use? (Score:5, Funny)
--riney
different how? (Score:4, Insightful)
Re:different how? (Score:5, Informative)
Re:different how? (Score:2)
If you make a digital copy, you bypass the Serial Copy Management System. It's far less elaborate than the DVD restrictions, but it's still there, and some devices do enforce the flags.
Re:different how? (Score:2)
Re:different how? (Score:2)
You misspelled "playback prevention". There is NOTHING about CSS that prevents copying. Make a disk image of the DVD and you have made a copy. Zeros and Ones, that's all it is.
Re:different how? (Score:3, Insightful)
If you make a disk image of a DVD you own and play the image with a licensed player, you haven't done anything unlawful.
Players built using DeCSS, obviously, are not licensed.
Re:different how? (Score:3, Insightful)
This is why it's legal to copy for your personal use - because you've already bought the right to view the content.
The problem is that the content providers are under no obligation to make it easy for you to copy the content, and if they encrypt it, then you are limited to the DMCA stipulations that you cannot circumvent copy protection.
Stupid? Yes. Does DMCA prevent fair use? Yes.
Re:different how? (Score:3, Insightful)
You also can't claim something is too weak, because what's reasonable today may be too weak next year. The fact is, the DMCA doesn't specify, AFAIK, an amount of encryption, it only specifies that it's illegal to circumvent copy protection.
In fact, in the case of DVD's, you could potentially
Legal consideration (Score:4, Interesting)
I can see the benifits. (Score:4, Insightful)
I mount the full DVDs of a few films with Toast (on OSX), or i rip them if I have a lot of free time.
Battery life is well extended, I get no hastle of changing discs, I don't have to bring the discs on a journey, and I can skip the opening blurb about not watching the film on an oil rig.
It would be nice if people could actually use the damn products they HAVE PAID FOR in a free manner. If I buy a film, or an album on vinyl, i should be allowed to make copies for myself, or rip it and watch it on a PDA, or do whatever.
Re:I can see the benifits. (Score:5, Interesting)
Jebus (Score:3, Interesting)
Re:Jebus (Score:2)
Re:Jebus (Score:3, Insightful)
Excelent use of the PDA (Score:5, Interesting)
Fair use defined (Score:2)
Re:Fair use defined (Score:2)
Remember -- fair use as a doctrine dates back well into the 19th century. If it had been clearly defined back then, it would likely not have been extensible to cover the sorts of situations we're in now, e.g. timeshifting, mp3 ripping, etc.
Besides which, fair use is designed to apply to any situation that's fair base
Same old argument, once again (Score:5, Interesting)
If I'm buying PHYSICAL PROPERTY, I can do whatever I want with it, including resell it once I'm done with it (something the software companies like to say we can't do). I should also be able to play the music/movie for anyone I wish, and let anyone I wish use the software.
If I'm buying a LICENSE, then I should be able to use my one LICENSE however I wish, independent of the media. If I'm getting a license to listen to the song, I should be able to transfer that song to another device so I can listen to it there too. I've paid the license... I'm allowed to listen. Same applies to movies.
Companies are trying to have it both ways, and refuse to pick which one it really is.
Note that one of the big issues the RIAA had was that digital media could be copied EXACTLY. They didn't have a problem with CD->tape apparently because the copy was degraded. Well guess what? When I make an MP3/OGG file, that's lossy compression... therefore the copy is also "degraded". Same goes if you mega-compress a DVD to fit on a 320x480 screen and a tiny 512MB SD card (I'm a Palm T3 owner).
I can understand that if I pay $5 for the VHS version, I might not be entitled to a license for the $30 SuperBit DVD version as well... but if I buy the DVD I sure as hell can make a VHS copy if I want to watch it at a friend's house who doesn't have a DVD player, or if I need to distill it down to fit on my PDA so I can watch it on the plane. Bite me, MPAA.
Re:Same old argument, once again (Score:3, Insightful)
If that's true, then why the MacroVision?
Re:Same old argument, once again (Score:3, Interesting)
If I really bothered with tapes much I might consider getting a VCR with S-Video in and then a MacroVision mod for my DVD player. Actually I was thinking about tha
Re:Same old argument, once again (Score:3, Informative)
Re:Same old argument, once again (Score:2)
No you don't. Your apathy towards MacroVision is only because it's so easy to circumvent! :)
Also, you should check out DVDr Help [dvdrhelp.com] to find out if your DVD is on their list. It contains a comprehensive user-supported list of just about every DVD player out there, and what mods are needed to make the DVD region free. Most of the time, it only requires a sequence of buttons on the remote. Gotta love those engineers!
Re:Same old argument, once again (Score:5, Funny)
Yeah, they'd like to specify very narrowly how your license is used. You can listen to:
- this song only
- on this CD only
- in your Barbie CD player only
- while wearing your bunny jammies only
- and only in your bedroom
If you want to listen to it in you pinstripe suit, in your car, on the way to work, you BETTER be buying another license, you dirty rotten scumbag of a thief!!!
Re:Same old argument, once again (Score:3, Insightful)
Decent Program (Score:3, Informative)
The Big Hurdle (Score:5, Interesting)
If I compress that video down to 250 MB, how much easier is that for me to spread around the Internet using Bittorrent or Kazaa or whatever?
Now, I can't claim any naivity here, and I'm not going to. I download movies over the Internet, in the form of fan subbed animes that haven't made it to the states. Let's me know if I'm going to spend $20 on a DVD only to discover I don't like it. Sure, it takes about a full 24 hours to get around 1-2 hours of video (shrink down to 45-90 minutes when you're done with credits that appear at the beginning and end of every anime episode).
But what if that file shrinks to 128 MB? "Great!" goes the MPAA. "Now they're spreading it even faster!"
Personally, I wouldn't mind a Video iPod, though I'm not sure how often I'd use it. Maybe for plane flights or travel with the kids - would make life easier then using my wife's iBook and handing it to the kids in the back seat so they can watch Blue's Clues. 4 year olds just don't know how to treat a laptop gently. A 4 GB video iPod could hold quite a few movies, and with my daughter old enough to manipulate Link around a screen without him running into the walls all the time, and savvy enough with the mouse to run the DVD movies on the laptop herself, she could use a video iPod with no troubles.
But again, back to the issue: shrinking a 90 minute 4 GB DVD movie into a 125 MB file for a 12-15 cm wide screen without making the MPAA go nuts.
Fair use? I'd say "yeah". After all, if I can compress a legally bought CD to an MP3, there should be no reason why I can't do the same with a video.
So that leaves us with the "how". Perhaps it will be something like the iTunes music store, only with movies: You enter the DVD into your computer, and there's a file right there.
Yes, MPAA - you supply the files, or files(s) for those of us who want subtitles. At 125 each, you could easily include 2 versions for anime fans, and 1 version for the majority of the "english only" movies.
You authorize your computer to play the file and up to 3 others. "Oh, no - DRM! Agh!" I know, but hey, we can compromise a little here, right? Just like iTunes: up to 3 computers can play the file, and unlimited handhelds. If you just want to drag-n-drop the file into your portable video iPod or whatever without "licensing" it over the Internet, that just means you can't watch it on your machine.
Unlimited handheld use should be the rule, so if I've got 5 iPods (one for each member of the family, though the last one doesn't spawn from my wife's womb until July, but I'm getting ready), everybody can have a copy of the movie.
Sure, there's the chance that the movie file will be transmitted over the Internet anyway, but if you come up with the codec to view the files (by "you" I mean "MPAA"), then you can charge a small free (say, $1 per video iPod or whatever) as part of the patent cost. Either way, for every iPod sold, you get a buck, so who cares if the files are flying around like crazy? People will either have to license the file (which they can't do past 3 computers, or they have to buy a DVD), or buy a "video iPod" which still makes you the buck.
That's how the MPAA protects its property, and lets us do what they want. If they really want to be cool, they'll release a utility to let us retro-shrink our current DVD movies as well to the same kind of file.
I'm sure there will be some who will scream "ALL DRM EBIL - KILL HIM", and others going "ALL INTERNET USERS ARE EVIL - SLAY HIM FOR BEING A HERITIC", but I think this is a compromise that might work.
Of course, this is just my opinion. I could be wrong.
Re:The Big Hurdle (Score:3, Funny)
/me runs off to trademark office...
Re:The Big Hurdle (Score:2)
Dude. Use bittorrent [animesuki.com]. Then you'll get it in maybe 1-2 hours for recent releases.
Legal issues asides,, (Score:2, Interesting)
For those who, want to watch it during flights, read a book or something, Or try talking to your fellow passengers, you may make a friend or two.
Have we been so hooked on popcorn entertainment, that we need it 24x7 , in our lives ?
21 comments into the story .. and not one asking (Score:5, Insightful)
Re:21 comments into the story .. and not one askin (Score:2)
Jeroen
Re:21 comments into the story .. and not one askin (Score:2)
Add that to the fact that they have to abide by US law, just as any company who imports goods or services into the US does, and I believe you will realise why they have to "jump through hoops".
Re:21 comments into the story .. and not one askin (Score:2)
--Dan
Doesn't matter what you rip it to. (Score:3, Informative)
I'll do what *I* want with *MY* property, and that includes making backups.
Re:Doesn't matter what you rip it to. (Score:2)
Re:Doesn't matter what you rip it to. (Score:2)
Go learn what Copyright is, you dumb shit
(with Flame2k activated)
PocketMVP & MythTV (Score:2, Informative)
Whenever I travel I always take at least 3 or 4 shows with me as well as a number of ebooks from Baan or BlackMask.com.
It takes about 15 minutes to convert a show for the handheld.
Free Movies for Linux PDAs (Score:4, Informative)
Click a few buttons...reap all that benefit (Score:2, Funny)
-m
Give the customer what they want (Score:2, Interesting)
Ripping One on One (Score:5, Informative)
Every CSS encrypted disc contains the key, which when the DVD Player encounters encrypted content, looks for and finds to decrypt the content at runtime.
Now when we rip the DVD to make a copy (for piracy or for fair use), the tool uses the key to decrypt the media and dumps the decrypted media to our hard drive, but not the key. Then we go ahead and burn it to any standard DVD+/-R Disc. Understand that any standard DVD-R/DVD+R disc you buy from the store is similar to the DVD that came with the original movie, except for one - the part where the encrypted key will reside cannot be burned on to. Which means, if you were to try and make a One to One copy of the movie disc, you will be able to write the encrypted media on to the new Disc, but the DVD writer would not be able to write the key on to the new Disc, since that part is not writeable (dont know why, but thats how it is).
So essentially, we are not making a one to one copy of the movie. We decrypt the media and write the decrypted media on to the second disc and throws away the CSS key. Now our DVD Player finds decrypted media and has no need for a key, so merrily goes along and plays the content.
I am all for Fair Use, and I hate RIAA more than I hate MPAA (because of the prices). But when we rip a DVD for Fair use and claim that its a One to One copy, thats not necessarily true (or hold up in court) since they can always argue that the Key is not copied over as well as the media is decrypted as well. IANAL, but wouldnt that hold merit in the legal system?
Encryption in the commission of a crime? (Score:4, Interesting)
In many states there are fairly heavy penalties for using encryption in the commission of a crime. My question is: if a portable copy is within rights to fair use (as may be eventually decided in the courts), but the "locking" mechanism restricts my fair use rights, has a crime been committed? If so, what are the penalties for encryption having been used in the commission of that crime?
A colleague suggested that one... it might be an interesting avenue to pursue.
Don't need a commercial app (Score:3, Insightful)
It goes a something like this: dvddecryptor to rip, then dvd2avi + xvid to get a "manageable" file. Then virtualdub, converting to divx, shrinking the size, letterboxing, decimating the frame rate, and converting the audio to mp3. (How much of that software is "illegal"?)
Yeah, there's more steps to the procedure but its free and it works. That is, until my iPaq crapped out and died. The 3670 had all kinds of problems. I sent it in for repair 5 times and it never did work right. I eventually gave it away. That sucked, because it was great for wardriving and I also had SSH running on it for when I really really needed a portable shell prompt.
Nof if you have to decrypt (Score:3, Informative)
Thanks to our clueless congress, fair use is easily circumvented by the companies.
Authorized Decryption (Score:2)
In your example, using a autorized player, the decryption needed to watch the DVD is allowed.
Freudian Slip (Score:2, Funny)
Of Course!!! (Score:2)
Re:Of Course!!! (Score:3, Interesting)
2 questions (Score:2)
So, my two questions: 1) How much CPU do you need (speed & model) to pla
Re:2 questions (Score:2, Interesting)
What I had done was to use flaskmpeg [flaskmpeg.net] to convert my DVD to divx. Of course you will have to DeCSS your VOB files first. The divx file that I had at the end was a divx 3.11 file that was around 450MB. I had shrunk the movie down to I think 640x480 and the audio I had used was just the divx audio, I think 44khz stereo at 128kbps. Originally when I had ripped the DVD I did not do this with the intention to rip into
you bought 'content PLUS PACKAGING' (Score:5, Insightful)
meaning, your license is on 2 dimensions. you are allowed to view it (any number of times, actually) BUT you are only allowed to view it if it was played back on a properly licensed (vendor) decoder AND you play back the original disc on said decoder.
its a 2dimension thing.
we are not really used to that. cd's never had that. we were always allowed to downcopy (like from cd to cassette) and lately, even direct rip cd to uncompressed
of course the RIAA wants to change the rules now and limit your rights. but on video dvd, you NEVER HAD RIGHTS TO BEGIN WITH. I'm wondering about that - perhaps its because the audio cd (regular old redbook audio cd) came out way before there was consumer ability to digitally copy the content. it was never believed that people would be able to buy recorders for $20 and media for $0.20 and do a bit for bit copy in under 5 minutes. so they didn't NEED to source-lock the playback. but in the dvd birth era, cd recorders are common and dvd recorders weren't too far off in the future. so I think they knew that shortly they'd have to contend with their content being copied off the source-media. that's why all the encryption and stuff was part of dvd but not audio cd.
it does suck. 'content playback' is content playback, in my book (and most other reasonable consumers). but the content VENDORS are the ones who are now realizing that technology is going to drastically change their business model - and they are not going willingly into that good night. not without a fight.
so until 'the fight' is over, expect a lot of grief and inconvenience while the two sides try to figure out where natural stability lies (where to draw the line between what the producers want and the consumers are willing to pay for and deal with).
Re:you bought 'content PLUS PACKAGING' (Score:5, Insightful)
I've always had those rights. Content providers have found ways to tie up the delivery system - control it from top to bottom they thought - in order to limit access to those rights. Now, we're "finding out" about those new limitations. The providers are giving us your line - "you never had those rights" - like they have the power to dictate copyright law. (okay, aside from the congressmen they own) Bzzzt. Sorry. Thankyouforplaying. They've made an effort with DVD, and you can bet they'll have learned lessons which thy will apply to the HD-(media) rollout.
Books are a worn-out analogy, nonetheless, here I go. I'd be pretty pissed if my paperback ink became transparent outside of a narrow temperature range, say 60F to 80F. Sure, it would be fine for 95% of my reading, but would I really want a book that couldn't be read at the beach, or at the busstop in the winter? Of course not. If Doubleday tried to pull that, we'd photocopy the book in the office, then take the temperature-independent print on vacation.
Whether I buy bits or celluloid or pages, the medium is still just a delivery mechanism. The copyright - the product - is about the content, and copyright laws have undergone fairly little in the way of consumer rights in recent history (extensions "for all eternity" not withstanding).
Re:What's the difference between this and music? (Score:4, Insightful)
so the question is, does fair use apply to decryption? clearly, if you RTFA, it doesnt, since Makayama removed the decryption function from the software in order to be able to market it in the US following the DVD X court ruling.
Re:What's the difference between this and music? (Score:5, Insightful)
Re:What's the difference between this and music? (Score:2)
Their selection apparently is not as good as the local video rental store though.
Dunno if US public libraries do that too, though.
Re:What's the difference between this and music? (Score:2)
They're trying, but historical inertia is thwarting them so far. That's why they went nuts tying in all sorts of penalties for copying books to e-media. And why you can't buy an cheap ebook reader with a good b&W hi-def screen. They lost on libraries, and they'll be damned if they lose control of the handheld ebook market. Damn, the losses alone on textbooks!
An
Re:What's the difference between this and music? (Score:2)
At least, that's how the library where my mother worked did things.
Re:Batteries (Score:2)
Re:Batteries (Score:3, Informative)
Re:I dont understand the problem (Score:3, Informative)
If those rights were given to anyone who bought the dvd, then the film company wouldn't be able to sell those rights to rerun cinemas, record labels or t-shirt manufacturers.
Re:I dont understand the problem (Score:2)
Re:Of course it is fair use (Score:2)
Nooooooooo, no, NO. Then it is copyright infringment, what used to be a civil offense. Not a crime. Not theft.
NOT theft. NOT stealing. You've taken nothing from anyone. You've made a copy. Not pilfering, stealing, lifting, grabbing, legging it over the fence, absconding, or knackering. A making of a copy. You're distributing it for free. Not a criminal offense. Merely a copyright violation.
The