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Old 02-17-2010, 01:30 PM   #73
thename
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Quote:
Originally Posted by Shaggy View Post
You're mixing things together that are separate. Ripping CDs has nothing to do with the DMCA or DRM. Therefore your scenario above doesn't exist.

As far as the RIAA claiming that copying CDs for personal use is illegal, the RIAA has long since reversed their position on that. You're talking about claims they were making back in 2007.
You're suggesting that the claims in 2007 have a fundamental difference from the claims they make today which, I would argue, they do not. All of the claims made are violations of our perceived right to fair use and play freely on the lack of a cogent, legal definition of said right it's simply a difference of the media in question.

As for the situation in question I'd offer the Sony rootkit example as evidence it did happen:
  1. note CD-ripping is implicitly condoned
  2. note DMCA prohibits circumventing DRM
  3. add DRM to CDs
  4. Profit!
  5. Get an enormous black eye

I agree CDs and DVDs are indeed separate under the DMCA. But the DMCA was written to clear difficulties interpreting these very issues. The MPAA went "whoa, look what happened to CDs ... what're we gonna do to make sure it doesn't happen to DVDs?" Result? Their lobbyists virtually wrote the DMCA.

So separate under DMCA? Yep. Separate as far as attempting to remove fair use rights? Nope.
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