Monday, April 30, 2007

DVD Ripping Ruled Legal?

In the closely watched Kaleidescape case, the court ruled that it is legal to rip DVDs to a central server.

The judge declared that "nothing in the [DVD CCA licensing] agreement prevents you from making copies of DVDs. Nothing requires that a DVD be present during playback."

But the CEPro article warns:
Because of this ruling, the Judge did not have to get into copyright issues, so the Kaleidescape ruling has no copyright implications. It is not a statement on the legality of ripping DVDs.

However, I'm a little confused. If the ruling doesn't mean that ripping DVDs is legal, then what does it mean? Note that in contrast to the CEPro article, the /. article claims that the ruling does legalize DVD ripping.

5 comments:

W. Vann said...

However, I'm a little confused. If the ruling doesn't mean that ripping DVDs is legal, then what does it mean?

CEPro is correct and, not too surprisingly, /. is mistaken. The judge didn't rule on whether Kaleidescape or its customer has a legal right to make copies of DVDs, only that nothing in the company's contract with the DVD CCA prohibited it from using the technology licensed from the DVD CCA to create a system that copied, rather than merely played, DVDs.

Expect the association's contractual language to be modified in the near future, if it hasn't already been so.

Justin Bronn said...
This comment has been removed by the author.
Justin Bronn said...

This was a contracts dispute. Contract law is handled by state courts, hence this opinion was given by the California Superior Court for Santa Clara county. Also see the addendum since that opinion is a transcript. Federal law preempts state law on copyright, and federal courts are given exclusive jurisdiction over copyright disputes. See 17 U.S.C. §301; 28 U.S.C. §§1331,1338; and U.S. Const. art. I, § 8, cl. 8.

Don't get your legal information from slashdot. This case means jack squat for copyright law. Your prof's run-in with 17 U.S.C. § 1201(a)(2) is much more entertaining. Not even the famous Cory Doctorow can traffic in circumvention devices (within U.S. borders).

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