DHS/ICE seizes domain names of torrent sites

[Asher]

HC reminds me of a slightly more coherent Giancarlo, politics wise.

Please sir, can I have another law???

[giblets]

I'm wondering if Kuci dislikes DMCA because NBC busted him a while back for trying to torrent Heroes. It was about that point when I realized just what an amazing law DMCA really is

Somehow I doubt that Heroes would have been canceled any sooner if no one had been prevented from torrenting it.

[Asher]

Fifth Circuit.



You beg me to find a court that stated the obvious and I did. Wiglaf win

http://gigaom.com/video/new-dmca-exe...deo-now-legal/

I spoke too soon. The article is misleading.

From one of the comments:

Quote:

“In other words: Ripping a DVD to make a backup copy is perfectly legal, ripping it to sell copies is not — at least based on this decision.”

How exactly did you arrive at this conclusion? As a matter of fact: Billington announced six cases where copy protection circumvention is not copyright infringement. And only 1 concerns protected DVDs.

“Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:

Educational uses by college and university professors and by college and university film and media studies students;

Documentary filmmaking;

Noncommercial videos

Nowhere in the 262 page document does it condone making a backup copy of a protected DVD.

Specifically it states:

It is important to add, however, that no proponent has demonstrated the need to circumvent in order
to copy a motion picture in its entirety, and no proponent has demonstrated the need to use a quantitatively large percentage of a motion picture. The motion picture industry has a legitimate interest in preventing motion pictures from being copied in their entirety or in a manner that
would adversely affect the market for or value of these works, including reasonable derivative markets.”

And also:

As noted above in the discussion of the third fair use factor, the examples presented in the record consist of uses of short portions; the record does not support designation of a class that would extend to anything beyond
use of short portions.

And:

While the Register continues to believe that a class of, for example, “motion pictures for non-infringing purposes” or “fair uses of motion pictures” would not constitute an
appropriate class, the relationship between the “class of works” and the particular non-infringing uses that were proven to be, or likely to be, adversely affected may be, in certain cases, the optimal means of balancing the interests identified in the record.

Please actually read the document you are referring to when arriving at a conclusion. The conclusion you have drawn about being able to make a backup copy just makes you look silly.

Even your source article contradicts your position, it would seem...

[Kuciwalker]

I'm wondering if Kuci dislikes DMCA because NBC busted him a while back for trying to torrent Heroes. It was about that point when I realized just what an amazing law DMCA really is

The DMCA takedown notice thing is the part of the law I don't generally have a problem with...

[KrazyHorse]

Somehow I doubt that Heroes would have been canceled any sooner if no one had been prevented from torrenting it.

It's not just about Heroes being canceled; it's about spending money to try and create the next Heroes (which I will assume was a good show, as I have never watched a second of it)

[Hauldren Collider]

I'm wondering if Kuci dislikes DMCA because NBC busted him a while back for trying to torrent Heroes. It was about that point when I realized just what an amazing law DMCA really is

The DMCA takedown notice thing is the part of the law I don't generally have a problem with...

It is one of the best parts, in my opinion.

I won't deny there are bits of DMCA we would be better off without.

[Asher]

It is one of the best parts, in my opinion.

You are legitimately creepy sometimes.

[Kuciwalker]

Yeah, but it's been made abundantly clear in this thread how much your opinion is worth.

Have you managed to come up with a coherent justification for copyright law, yet? Or are you still clinging to natural rights

xpost

[giblets]

It's not just about Heroes being canceled; it's about spending money to try and create the next Heroes (which I will assume was a good show, as I have never watched a second of it)

By "the next Heroes" you mean another good show? (Heroes was okay, I guess.) That's a fair point.

[Wiglaf]

I spoke too soon. The article is misleading.

From one of the comments:
.

Now who's appealing to authority

It's a moot point anyway young money since the opinion was withdrawn later by the full circuit (unrelated reason). Still the part I quoted is unambiguous and that commenter is an idiot. Just because it does not say "personal backups" does not mean that's not what it would allow.

[Asher]

So you quoted a ruling that I suspected to be stupid, and that ruling turned out to be withdrawn by the full circuit? So it has no meaning whatsoever?

I bet the full circuit found the Judge stupid as well.

It's not appealing to authority (I don't know the guy's credentials). He posts further quotes from the ruling that place the snippit you quoted into context. It's made very clear the ruling does not pertain to full-length motion pictures.

[Wiglaf]

Appellate court decisions aren't made by "a judge." And the withdrawn opinion didn't reject what I quoted anyway.

[Asher]

A collection of idiots is still collectively stupid.

[Asher]

To summarize: The DCMA does not permit people to override DRM, and provides no exemption for personal backups.

The only valid rulings that are currently upheld by courts pertaining to this specific issue specifically mention the DCMA does not mention fair use by design, and therefore it does not apply.

So what does that say about the comment that backing up DVDs is "perfectly legal"?

You are correct that backing up DVDs is perfectly legal...in Canada.

[Wiglaf]

No one has been prosecuted for this. Ever. If this is illegal then so is jizzing your pants. I have no use for you.