Now Breaking… the DCMA for you: Circuit City
Steve Safran August 4th, 2006
Consumerist found a Circuit City that offers a nifty service - they will rip your DVD into a video iPod friendly format for $10. Never mind that the price is way too much - the service is probably/definitely in violation of the Digital Copyright Millenium Act. Fighting The Man goes mainstream. (via BoingBoing)
22 Comments Add your own
1. smorty71 | August 4th, 2006 at 11:10 am
They already have a similar service for putting your CD collection on your iPod via GetDigital. And, just like the DVD service, it is ridiculously expensive.
http://www.getdigitalinc.com/
2. Anonymous | August 4th, 2006 at 11:27 am
Steve, where did you get your law degree and who taught your copyrights course?
3. thedetroitchannel | August 4th, 2006 at 12:06 pm
see University of Phoenix Online in the story right above this one!
4. Safran | August 4th, 2006 at 12:38 pm
Just like I don’t have an MBA and can report on business stories and don’t have an MD and can write about medical stories, I don’t have a JD and can report on law stories.
But if you care to follow my logic:
Sec. 1201 of the DMCA, E (2) (a): (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that–
`(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(3) As used in this subsection–
`(A) to `circumvent a technological measure’ means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
`(B) a technological measure `effectively controls access to a work’ if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
- DVDs are encrypted to prevent duplication.
- They require technology to circumvent that encoding.
- That technology is being applied without the permission of the copyright owner.
In MGM vs 321 Studios, it was held that software that let you rip your own DVDs for your own use was in violation of the DMCA. The software was banned from the market.
So you can see that Circuit City has a whole bunch of legal problems. It is “offering to the public” a “technology” that “descrambles a scrambled work” “without the authority of the copyright owner.” It is charging for the service. And it is engaged in a practice that, even if proven results in “fair use,” was still ruled against in the MGM vs 321 Studios precedent.
And does anyone here think the MPAA will wait ten seconds before getting an injunction against this?
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