RSS
Add to Chrome
MPAA Says Making Even “One Copy” of a DVD is Illegal

MPAA Says Making Even “One Copy” of a DVD is Illegal

Fights Real Networks attempts to release RealDVD software that allows users to make backup copies of purchased DVDs.

Last September Real Networks launched RealDVD to allow users to make backup copies of purchased DVDs for private use. The MPAA immediately dubbed it "StealDVD" and filed a lawsuit to ban the sale of RealDVD.

It’s essentially arguing that the price of a DVD is predicated on the "notion of certain use rights associated with certain price points."

"When a consumer can voluntarily expand the rights that come with one of those services — in essence open the door to multiple copies of a work not licensed for that — that eliminates any monetization models except one: selling full use rights to the work at one fixed price," says the Copyright Alliance on the MPAA’s behalf.

In other words, it only charges $9.99 per DVD, for example, because it assumes it lasts for a finite period of time, becoming inoperable due to wear and tear I suppose.

If you want a DVD you can make copies of then the "price point" must be higher to reflect "expanded use rights."

Insane I know.

Now after the MPAA made its closing arguments in the case to determine whether or not Real Networks can resume selling Real DVD, U.S. District Judge Marilyn Patel, raised some interesting questions.

Her most poignant question for the MPAA attorneys was whether or not it believes it’s legal for consumers to make backup copies of purchased DVDs for private use.

"Not for the purposes under the DMCA," said Bart Williams, one of the MPAA’s attorneys. "One copy is a violation of the DMCA.

Copyright law makes it illegal for anyone to circumvent DVD encryption technology, which RealDVD seems to do.

Real Networks thinks its really all about "stifling competition."

"We believe the buyer has that right to play a DVD as many times as they want," Scott told Patel. "We think he also has the right to make a copy, this fair use copy."

He used the music industry as example, whereby it allows consumers to make copies for personal use.

"This is the experience that has been recognized as lawful fair use," Scott said. "These same studios have talked about CDs. A purchased CD can be copied to a computer and then transferred to an iPod without any charge to the consumer."

The fact that the MPAA tries to prevent consumers from making backup copies is what really should be on trial here. To say that we must pay more if we want to make backup copy is outrageous, and is another glaring example of why people turn to BitTorrent and other file-sharing outlets – they’re filling a void left purposely by the MPAA and its own shortsightedness.

Stay tuned.

[email protected]

Jared Moya
I've been interested in P2P since the early, high-flying days of Napster and KaZaA. I believe that analog copyright laws are ill-suited to the digital age, and that art and culture shouldn't be subject to the whims of international entertainment industry conglomerates. Twitter | Google Plus
ed
ed

What I'm wondering is, with all this torrent downloading and purchase of pirated movies, how is it that actors, actresses, producers, directors, etc, can still afford to live a life of gross indulgence and luxury? If they can still make this much with piracy across the globe, how much more were they overcharging the masses before piracy?I think the definition of 'movie piracy' should be extended to include those copies made by the movie industry for sale that enables them to make more than they ought. It shouldn't be a case only of whom makes the copies, but how much can be made from copies, even if they are made by the producers of movies themselves. Beyond that point, it is piracy.

Bob
Bob

Well said Drew.

JIMMY
JIMMY

I disagree. DVDs may be expensive but you are stealing from the makers by buying a pirated DVD.Put it this way. If you do not buy the proper DVDs then the movie industry will go bust. NO MORE MOVIES! Is that a good thing?

Edward B. Pearson
Edward B. Pearson

I have bought movies and they became unplayable becouse they were damaged becouse the mounting was dificultate to remove the move (DVD (A very bad format subjecr to problems) ) Which was not just easly scratched but broke when trying to remove. Can I get a replasement no one makes this avalable. Well f u in the vinacluar and I am a person who tought his child to say that you burp backward fro the frount of your behind. so I still think analog VHS was better and that digital can go you know where I rember when digital first came out I was there when D2 and M format was all the rush and I was intrested. Well M or what ever letter you becouse others even in the know of the inderstery say when I say it was going to have drop out that were woud not be noticable becouse they woud be just degraded resalution. Well they say it's worst becouse you get drop outs in the audio. Now What does you all have to say about that?"??????????????????? Ok and I will add I guess we have to say we will have to move on from hear.

John Court
John Court

So I haven't spent any time looking into the whole Digital Rights Management Software area, however from a logical point of view why can't we treat DVDs the same as software ? The package itself is cheap, its the intellectual property that we are supposedly paying the > few dollars for. Why not have a license key for the material and be able to download or order replacement copies or keep backup copies as often as we like. There isn't a single DVD player in the world that wouldn't have enough CPU grunt to check the license key. Really all thats required is an easy way to input the license key for each DVD with a 3D barcode technique seeming to be a good start.hmm this has always seemed very short sighted by the MPAA since the world is moving to online media anyway, how will they stop copying then ?

Kim
Kim

If the price of a new DVD movie goes up higher, we will of course copy it from somewhere or buy a pirate copy, maybe download it. I live in a non-us country and those guys from the MPAA can't walk in here and screw with our laws.Also, many honest people buy a DVD and look it once only, should they pay for extended rigths then? And theres lonely persons, meaning 1 person view a film, that should give a discount, compared to a family father and the whole 5-6 some family views it together.When the artists run out of money because MPAA guys and similar people have chased off every person on earth with high prices and behaviour regulation, the artists make their own distribution for sure. But until then it might be killing the artists income, that sort of behaviour to consumers, as we are many not doing illegal copies. One example is a trailer about stealing things: "you would'nt steal a car, bag, phone - downloading a DVD is stealing" haha - you show this crap to billions of people not stealing or doing copies. Might sue those "filmmakers" for brainwashing methods.In trading school I learned that costs of a product is the first you make sure to get, then comes profit. Try investigate the cost of making a DVD, multiply with two and theres your fair price.

jimmi
jimmi

the MPAA just needs to realize that you can't go and tell somebody that you are paying for the rights to this DVD you're paying for the ownership of this material but you're not allowed to back up in case of wear and tear so they're basically saying thatwe put this on this type of medium so it does get destroyed over time isn't this the same thing as a car being a lemon and that's illegal last time I checked so MPAA for me you guys are practically screwed yourself because you tell the public one thing you charge people for another use of what they paid for and as far as I'm concerned your use of the wall and your pity have gone way too far it's basically highway robbery and you wonder why people download it because for once the public is tired of being the one who is screwed

John Kramer
John Kramer

If they wanted to do the right thing by the consumer- the MPAA could back up their DVDs with a lifetime warranty. If the DVD wears out, is destroyed, or is defective, the customer could send them the non-functioning copy and the MPAA could send the customer a new copy free of charge.

scotty
scotty

"selling full use rights to the work at one fixed price" - this sounds reasonable, let's do that ....Actually it's the only model that can be enforced.If you want to keep rights to the information just keep it secret. If you want to share it with someone than be ready to accept the consequences of real world. Crying to a judges shoulder that you've lost profits that you once had is just silly.

TrueEyes
TrueEyes

Calling them @ssholes, wishing cancer on them.. Are you guys crazy?! This is just business. People who want to make more money. If they are @ssholes, then so is almost every other person on the planet. They have interests and they are trying to protect those interests in court. If I was working there I was going to do the same thing. They aren't idiots, they know that they'll have to change their business plan sooner or later because piracy is unstoppable. They are just trying to delay that as long as possible. What I am trying to say is that just like every other business on the planet, the goal is more money. Don't blame them for that, it's how to world works. The blame is on the courts, who regulate this and often rule in favor of the wrong side.

Jerry
Jerry

I thought the BetaMax was gonna kill Hollywood?

graphicartist2k5
graphicartist2k5

they're just wasting their time telling people, "it's illegal for you to copy a dvd that you paid money for!" and it's the same as telling people the same crap about copying any music cd they've purchased at whatever store. why? because once any person purchases a dvd/cd, they own what's on the dvd/cd, and can therefore do with the material on the dvd/cd that they want to do with it. that doesn't mean that it's "OK" for them to make a profit from copied versions of their dvd/cd collection, because it's OBVIOUSLY wrong to do that, and most every single person in the whole world KNOWS that it's wrong to do that. how is it "illegal" to copy dvd/cd discs for private use?

Basekid
Basekid

I am happy that I live in the Netherlands, where copying owned material for private use is perfectly legal. Keep the tools that allow this coming!

dexcaliber
dexcaliber

So why haven't they done this against all of the other dvd coping apps that have been around since the beginning?? What makes this one so special that it deserves their attention??Just because you can copy then take that copy with you where ever you go? This is just stupid, I dont care what the outcome of this is. No matter what DRM states, I will always make a copy and use the one i bought as a master that I can keep in my library, for another copy to be made when the other is worn out, or rip it so I can put it on my psp, or while im at work, watch it on my laptop.MPAA can kiss my @$$

DrewWilson
DrewWilson

For those saying that this circumvents the DRM held within a DVD, a previous argument in this case by Real clearly says that the software copies the DRM onto the new DVD. Therefor, it doesn't circumvent the DRM as the DRM is copied with the movie. I think that is what made RealDVD legal before the lawsuit.

mike
mike

i paid @20 for a dvd. my neighbor paid $10. same movie, just he found it on sale. does he get to watch his movie less than i get to watch my movie? i have always and always will expect that purchase of copyrighted media entitles me to watch that title as many time as i want until i die, not just until the media gets scratched. personal backups are simply realistic. tme mpaa people must not have kids.

fuckthempaa
fuckthempaa

Hopefully the people at the MPAA who decide fair use is illegal get massive uncurable metastatic tumors somewhere in their bodies and realize their lives have been a waste. Either that, or tumors in their loved ones. Fuck em. I've already had cancer so I couldn't give a fuck if this sounds cold.It's a movie. We're all going to die in like 60 years, why should someone suffer for making a 'fair use' backup of a movie? Retardulous.People killing each other every god damned day but copy a movie - you're going to hell.FUCK YOU MPAA

MPAA...
MPAA...

MPAA sux. Down with MPAA. That really is bullsh1t3

Justin
Justin

Where do the MPAA and the RIAA keep getting money to sue people? I thought they are losing all their money from people downloading their stuff for free.If everyone teaches 1 other person how to download this stuff, they won't have any money left to prosecute people.

Jose Sinclair
Jose Sinclair

Now that CAPITALISM as the US practices it has FAILED, let's blame the consumers one more time - it was consumers that borrowed too much that brought down the house of cards we are run by..Everything BAD that happens to big corporations is caused by CONSUMERS (but aren't they the only customers?)- I've a great idea: let's BAN CONSUMERISM, then let the corporations fight among themselves for the last remaining government dollars out there..I'm ready for a new economic system myself.. Paying 3.50 for .08 worth of grain they call 'cereal' just b/c they put it into a box is ludicrous. Similarly we pay $15-20 for a DVD that costs them about .10, the box costs more.. oh yeah, another 5.00 for all the marketing - else no one would buy all these bad movies to begin with.Maybe CHINA will bail out the FAILING entertainment industry - they're bailling out the US government!

Wow
Wow

Wow... I was gonna say something but then realized how intelligent all the previous comments are!I feel educated :)

Baba
Baba

There's been free DVD copying software out for a while now, I wouldn't buy a piece of crap program from Real, ever.

Brian Miller
Brian Miller

So under MPAA logic, since Blu-Ray discs cost twice as much we get twice as many rights?

Socket7
Socket7

Dear MPAA,The tighter you grip your iron fist, the more file sharers will slip through your fingers.You think we are scared of you? We aren't. You're powerless. We the consumer will have what we want, at the price we consider fair. The more you fight, the lower that price becomes.You think we are scared of your threats about the industry being destroyed? We aren't. Music and movies existed before media cartels like the MPAA and RIAA. Movies and music will continue to exist after we are done destroying the media cartels, because music and movies are art, and artists make art for the sake of making it.Really, movies and music can only get better if we pirate the MPAA and RIAA into oblivion.

Will
Will

I can't wait for the day when we have tech-informed politicians in our government that can shut this worthless archaic organization down.The MPAA's (as well as the RIAA's) business model went obsolete a decade ago; it's nothing but a bunch of greedy execs who think "fair use" is requiring a customer to pay for a movie for every medium they intend to watch it on.I'd rather do jail time for pirating than give another dime to support these organizations.

MPAAGreed
MPAAGreed

These greedy bastards never ceases to amaze me! I remember back in the early days of DVDs when they used to release double sided format movies, but decided it was more profitable to sell them seperately. And now this? Damn! when will they stop?

Mike Williamson
Mike Williamson

The copyright laws in this nation have been extended way to far, and they need to be reigned in. Stop the MPAA.

NeRFaGe
NeRFaGe

shortsightedness? more like raw greed. They're actually trying to argue that a $300m profit on DVD sales is only in lieu of short leasing models, and that anything more then temporary leasing is worth substantially more money. Last I looked, profits like those that Hollywood regularly reaps don't qualify for the "we were screwed" argument.

joe bloe
joe bloe

I HOPE they put to rest this notion that the MPAA can say whatever it wants and it becomes law.It is time for people to challenge them on fair use rights before it is too late.Just them saying that making a copy of a DVD does NOT make it ILLEGAL! That is determined by laws...laws that include fair use rights.Laws that they want to change, but laws I HOPE keeps them from thinking that a person cannot make even one backup copy.The outcome should be interesting as fair use rights are on the line.

Anonymous
Anonymous

The MPAA and RIAA are the super mafias of today, sponsored by the government.

Andrew
Andrew

So does that also mean that if I back up all my purchased CDs onto my ipod that I am committing copyright infringement...?

Mr. Radio
Mr. Radio

The real question to this whole case is does anyone believe that real DVD is going to be used only for good? The answer to that is no.However - just because a product can be used for illegal purposes doesn't make it in itself illegal. The lawyers for the MPAA knew this, thus skirted any questions that had anything to do with that and didn't want to make that what the case was about, instead saying that the public doesn't buy DVDs with the rights to make copies attached.I think the MPAA screwed the pooch on this one and really cannot pull out a straight out W.

Chinch
Chinch

I've been hearing SO much BS frothing from the mouths of the MPAA lately I'm about to lose my mind.I guess my main question is how do we as a nation shut these evil bastards down. Seriously, these guys need to be shut down and put out of business.Hey MPAA, get real jobs @$$holes, you are obsolete and you will never prevail in this war you have started. The people from around the world own your @$$e$, and once the movie industry realizes you are obsolete and can do anything about what's going on you will fall apart at the seems.Grow and evolve like the music industry you idiots. And stop coming after your customers. We have not "hurt" you.

JOhnny MAc
JOhnny MAc

Doesnt matter, there will always be tools available to rip a DVD or CD no matter what they do!RT www.privacy-tools.echoz.com

Nails
Nails

Where can you buy a new DVD for $9.99 anyway?Bunch of jack legs.

ed
ed

p.s. the point at which the movie industry should stop making money from a particular movie should also be the point at which the reproduction of movies by others should cease to be piracy.

Drew Wilson
Drew Wilson

"I disagree. DVDs may be expensive but you are stealing from the makers by buying a pirated DVD."The point is backing up DVDs legally (considering fair use, something like that, IMO, should be legal). Just because a piece of DVD copying software is allowable in the US doesn't mean that people will be buying pirated DVDs. Such a thing already exists and legalizing this software won't make a single hint of difference on how much pirated DVDs get bought and sold."Put it this way. If you do not buy the proper DVDs then the movie industry will go bust. NO MORE MOVIES! Is that a good thing?"The movie industry have been enjoying record profits all this time. If so-called "piracy" hasn't killed the movie industry this past decade, what's going to change now? Besides, there's something called the box office and theatres. Might want to check in to how much money the movie industry makes off of those things.

D.AN
D.AN

You can forget about making any point, as your entire post uses faulty logic.

Edward B. Pearson
Edward B. Pearson

I agrea with most of these people why can't I get a replacment for my broken DVD's that's my bigenst bitch I'm not one to bitch but I want replcemnts for my broken DVD's yes you have made if dificalt it to copy DVD's and I should have tryed harder to make it easer but you made it easer to make DVD's easer to get damaged than VHS so I need to get my DVD replaced. but where can I go to get It replaced??????????? Well what else can I say !!!!!!!!!!!!!!!! The one thing that I have learned is that well it's a new deal and we have to go on from hear. It turns out that I know to much abot.

Dan
Dan

Businesses are run by people, and since their interests are ludicrous, they may be ridiculed for it.Everyone who has something would protect them; they are no exception.Speculation is a weak argument, and that is what they have been doing for a long time.Yes they are idiots for for so many miscalculations and false claims. They do not want to remodel even though it is obvious to do so. Delaying would only prove that backwards-thinking.According to the RIAA, it "isn't about the money."The courts naturally would rule according to what is correct or withdraw rulings that are mistakes (since no one can memorize every law). That is, as long as there is no conflict of interest by the judge.

soulxtc
soulxtc

Agreed, but it doesn't change the fact that the MPAA is saying we can't make copies of something we PHYSICALLY OWN for personal use. It's rather sad.

gon2neway
gon2neway

O behaaave....YEAH BABY...GROOOOVY!!!! He said as he burned his 500th copy of Austin Powers The Ripper that Shagged the MPAA lol I've bought DVD's from the store that were blank. Next time I'll sue.

gon2neway
gon2neway

What needs to stop is lobbying by any and all special interests. If a politician is found in the company of, accepting even a drink of water from, having dinner with (even if that person is a relative), or anything that can be in the slightest way thus so, they should be convicted of a Federal crime (felony), serve a mandatory minimum of ten yrs in prison. ELECTED OFFICIALS SHOULD BE HELD TO AN INFINITELY HIGHER STANDARD THAN ANYONE ELSE! This would solve a lot of our nations problems, if the people of this nation had an ounce of heart and any ability to formulate their own collective opinion, things could change.................................................................................................................................................................. NNNAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAHHH!!!!!!!!!!!!!

Ped
Ped

Nah, you got it SO wrong. They are enforced (upon us) by government, but sponsored by people!I wish they would be sponsored by "government money". They pity is there's no such thing as government money, although now the US will own GM, they may finally earn some... :)

anonymous
anonymous

did you even read the article above? it clearly states that the dmca makes copying a DVD illegal. Actually, it even clearly states (multiple times) that it is perfectly legal to make copy of a cd and transfer it to your iPod. This is called fair use copying and has been legal forever. reading is a many splendored thing. it gives you information that you would otherwise have to annoy the #$%* out of other people to get.

JJ Jackson
JJ Jackson

I've seen dvd's for as little as 5.00. It's never new releases, but there are lots of super cheap DVDs.....I think i've seen DVDs with 2 movies for under 10 bucks (quality must suck).The truth is that the DMCA does make copying a DVD illegal. It'd be nice if the DMCA was overturned, but I won't hold my breath.

drklassen
drklassen

But the whole point is that copying is NOT illegal---it is the encryption circumvention that is illegal. Thus, they are using one law to abridge our rights, despite that law saying it wouldn't do that.

anonymous
anonymous

this reply was meant for Andrew below btw.

Nails
Nails

I was making reference to new releases, not old movies thrown into bins at Wal-Mart.



VyprVPN Personal VPN lets you browse securely