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dvd ripping - is it legal in this case?

BAH

The Red Baron
Sep 29, 2005
1,046
8
America
If I rent a dvd then rip it to take on a long plane trip on my ipod and then delete it when the plane trip is over, is this illegal?
Question 2. What is the best software to do this, if legal?
 

narlus

Eastcoast Softcore
Staff member
Nov 7, 2001
24,658
63
behind the viewfinder
some norweigan (finnish? somewhere from up there) kid took on the movie industry by creating a DVD ripper. not sure how it played out, and i'm sure it varies from country to country.
 

binary visions

The voice of reason
Jun 13, 2002
22,102
1,153
NC
DVD ripping isn't legal because in order to do so, you have to bypass the encryption on the disc which is there as a copyright protection mechanism. That's a violation of the DMCA which prohibits bypassing copyright protection mechanisms.

I believe it has been decided that ripping CDs for personal use is legal because there is no copyright protection on the CD (it's just raw music data, no encoding), so you are not actually bypassing anything.

So, no, it's not within the letter of the law.

I'm hard pressed to suggest that it's not well within the spirit that these laws were created in, though.
 

binary visions

The voice of reason
Jun 13, 2002
22,102
1,153
NC
"Space shifting" your media has been upheld in several court cases if I remember correctly, and is essentially based on remaining within the terms of agreement that you obtained the media under. I'm sure the terms of agreement for renting a movie state that it is not to be copied under any circumstances.

I kinda wonder what the courts would say if you remained true to the spirit of the agreement, though, and there was no copyright protection to bypass. That is, if you rented a music CD, copied it and listened to it, then deleted it.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
41,285
13,399
Portland, OR
DVD ripping isn't legal because in order to do so, you have to bypass the encryption on the disc which is there as a copyright protection mechanism. That's a violation of the DMCA which prohibits bypassing copyright protection mechanisms.

I believe it has been decided that ripping CDs for personal use is legal because there is no copyright protection on the CD (it's just raw music data, no encoding), so you are not actually bypassing anything.

So, no, it's not within the letter of the law.

I'm hard pressed to suggest that it's not well within the spirit that these laws were created in, though.
Buzzkill.


:D
:pirate2:
 

jacksonpt

Turbo Monkey
Jul 22, 2002
6,791
59
Vestal, NY
Bummer. Thanks!
Well, I think BV brought up a good point (if I understood his post correctly)... by the letter of the law, no it's not legal (falls under the unauthorized reproduction crap). However, if you ripped it to your ipod, watched it on the plane, then deleted it, you'd be acting within the "spirit of the law" and the reason why people rent movies, so arguably not doing anything wrong.

No, it's not black and white, but...

For whatever that's worth.
 

Wumpus

makes avatars better
Dec 25, 2003
8,161
153
Six Shooter Junction
The ability to create copies of the media you've purchased for personal use is a long-accepted facet of the fair-use doctrine in U.S. copyright law (at least, it used to be). However, the Digital Millennium Copyright Act (DMCA) states that it's illegal to break the CSS copy-protection mechanism employed by most commercial DVD movies. What does that mean? Most fair-use advocates say that the policy directly contradicts U.S. copyright law, but the DMCA seems to indicate that you cannot make a copy of a commercial DVD, even for personal use, and you certainly cannot give a copied DVD to anyone or watch copied DVD files on your computer. We assume that fair use will eventually catch up and be established as a safety valve for consumers (which has been the pattern with previous technologies, such as VHS), but for now, the territory is still uncertain and a bit dangerous.
http://reviews.cnet.com/4520-3513_7-5128652-1.html