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Old 10-05-2011, 11:30 AM   #1
emellaich
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US Judge says it is ok to break DRM for personal use

Interesting article:

http://arstechnica.com/tech-policy/n...wn-the-dvd.ars

However, as the writer notes this ruling is not expected to be definitive. What it is expected to do is to result in an appeal to a higher court where this can be discussed in greater detail.
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Old 10-05-2011, 11:34 AM   #2
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Looks like the DMCA portion of the judgement was minimal.
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We've never liked the DMCA's anti-circumvention language, so we'd be delighted to see the rest of the judiciary agree with Judge Marshall. However, his entire discussion of the DMCA is less than a page long, with only three sentences devoted to the circumvention question. The perfunctory nature of Judge Marshall's analysis makes him seem less like a hardcore DMCA reformer than a judge who didn't do his homework.
The primary point was that the DVDs were sold with an agreement that purchases by educational institutions included public performance rights.
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Old 10-05-2011, 11:35 AM   #3
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Good article. And I hope that this ends well.
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Old 10-05-2011, 11:56 AM   #4
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Quote:
Originally Posted by emellaich View Post
Interesting article:

http://arstechnica.com/tech-policy/n...wn-the-dvd.ars

However, as the writer notes this ruling is not expected to be definitive. What it is expected to do is to result in an appeal to a higher court where this can be discussed in greater detail.

Quote:
The DMCA has (at least) two distinct provisions: a prohibition on circumventing copy protection that controls access to a work, and a ban on "trafficking" in circumvention tools. Judge Marshall seems to have accepted UCLA's argument that its lawful purchase of the DVD meant it couldn't have run afoul of the circumvention provision, but he didn't spell out his reasoning.
I'm guessing he didn't spell out his reasoning because he couldn't justify legally (regardless of the morality). I thought this [prohibition] was established law.
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Old 10-05-2011, 03:17 PM   #5
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Quote:
Originally Posted by Rob Lister View Post
I'm guessing he didn't spell out his reasoning because he couldn't justify legally (regardless of the morality). I thought this [prohibition] was established law.
The state of the law is somewhat murky on many of these issues. There have been laws passed dealing with this, and today these laws are recognized as the law of the land. However, there is room for discussion at the judicial level on these laws and I expect these discussions to continue to the supreme court, or to be preempted by future laws.

Please note, I'm not forecasting how this will turn out. It may just reaffirm the current status. However, I do suggest that the discussion is not over.
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Old 10-05-2011, 04:26 PM   #6
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Quote:
Originally Posted by Rob Lister View Post
I'm guessing he didn't spell out his reasoning because he couldn't justify legally (regardless of the morality). I thought this [prohibition] was established law.
In the US, no law is established until and unless it survives challenges at the highest levels of the court system. Even then, a new court can unestablish it at a whim.

Relying on the law for any purpose is an expensive and ongoing proposition.
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Old 10-05-2011, 06:44 PM   #7
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Very interesting - and any increased exposure of the question is, I'd suggest, a Good Thing.
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Old 10-09-2011, 09:57 AM   #8
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Not exactly, if a law is passed by the legislature and signed by the appropriate head of government (Governor for state law, President for Federal law), it IS law.

It can be enforced.

If it is tested in court, it may be found to not be valid or may not mean what the drafters thought. But until the law goes to the Supreme Court, the people enforcing the law may still enforce it (but likely over turned in court) either the way they think or the way the previous courts decided.
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