So, It IS Legal To Copy A DVD You Own

[Groovepusher Sly]

Saw this on the News this morning. So it seems, making a copy for private use ain't illegal after all. Teen cleared in landmark DVD case A Norwegian teenager has been cleared of DVD piracy charges in a landmark trial brought by major Hollywood studios. The Oslo court said Jon Johansen, known in Norway as "DVD Jon," had not broken the law when he helped unlock a code and distribute a computer program enabling DVD films to be copied. "Johansen is found not guilty," Judge Irene Sogn told the court. She said prosecutors could appeal against the unanimous verdict. Johansen said after the ruling that he would celebrate by "watching DVD films on unlicensed players." Prosecutors had asked for a 90-day suspended jail term for Johansen, 19, who developed the program when he was 15. The teenager has become a symbol for hackers worldwide who say making software such as Johansen's -- called DeCSS -- is an act of intellectual freedom rather than theft. DeCSS defeats the copyright protection system known as Contents Scramble System (CSS), which the entertainment industry uses to protect films distributed on DVDs. Johansen created and published DeCSS so that he would be able to view DVDs on his Linux computer. He said the program meant the film industry no longer had a monopoly on making DVD players. The prosecution was brought after a complaint was filed by the Motion Picture Association (MPA), which represents the major Hollywood studios. The studios argued unauthorised copying was copyright theft and undermined a market for DVDs and videos worth $20 billion a year in North America alone. But Johansen argued his code was necessary to watch movies he already owned, on his Linux-based computer, for which DVD software had not yet been written. He said since he owned the DVDs, he should be able to view them as he liked, preferably on his own computer. The court, citing consumer laws which protect consumers' fair use of their own property, agreed. The court ruled there was "no evidence" that Johansen or others used the decryption code called DeCSS for illegal purposes. Nor was there any evidence that Johansen intended to contribute to illegal copying. The court also ruled that it is not illegal to use the DeCSS code to watch DVD films obtained by legal means. In the United States, Johansen's case raised concerns among Internet users of what they see as a constitutional right to freedom of expression. A battle is raging in the U.S. over a 1998 copyright law that bans software like DeCSS. Even though Johansen's software is now outdated, it was the first to give the so-called source codes, or instructions, for how to decipher DVD codes. -- CNN Norge's Morten Overbye contributed to this report © Copyright Cable News Network LP, LLLP. All rights reserved. The information contained In this news report may not be published, broadcast or otherwise distributed without the prior written authority of Cable News Network LP, LLLP. 01/08/2003 12:38 CNN Sly :cool:

[Bunny Knutson]

Good, I'm glad he was acquitted. It seems to me that home taping for private use has ALWAYS been legal, as long as you don't broadcast or profit from the copy you made.

[Joachim P. Dyndale]

[quote]Originally posted by dBunny: [b]Good, I'm glad he was acquitted. It seems to me that home taping for private use has ALWAYS been legal, as long as you don't broadcast or profit from the copy you made.[/b][/quote]I'm also glad. Not sure what you meant about home taping. It IS illegal to record a movie you see on TV, or record a song you hear on the radio. In fact, in many cases it's even illegal to lend a CD to a friend. There are still some issues with copyright law that need to be dealt with.

[fantasticsound]

[quote]Originally posted by Joachim P. Dyndale: ...It IS illegal to record a movie you see on TV, or record a song you hear on the radio. In fact, in many cases it's even illegal to lend a CD to a friend. There are still some issues with copyright law that need to be dealt with.[/QB][/quote]Where is it illegal. As I understand it, all these situations are covered by fair use laws in the United States. And there is no law around that can make it illegal for me to hand someone an original hardware based software media and allow them to watch or listen to it. Show me one law that expressly and legally forbids any of this. If I remember correctly, part of the problem is when something is broadcast, it is free to anyone in the broadcast area [i]unless[/i] they are rebroadcasting in an attempt to increase sales of their product or service. I.E., The Gap (or any other retail store.) cannot use PA systems to pump music in their stores without paying royalties, regardless of whether they're playing videotapes, CD's, or on-air radio broadcasts. Anyone have the specifics on copyright laws in the U.S. or other countries?

[Joachim P. Dyndale]

Well, the part about lending a CD to someone still stands though. Just take a look at the copyright notice along the edge of your CDs. Many of them will tell you that lending that CD to a friend is not permitted. That's just plain crazy, if you ask me.

[aliengroover]

I have three current releases near me and all of them only say the bit about "unauthorized duplication is a violation of applicable laws." Peace

[Joachim P. Dyndale]

Good for you :) . I have MANY CDs that I'm not allowed to lend to my friends. Seems that they don't want that kind of advertising, since it's free. :freak:

[StoneinaPond]

I have to say that I have found at least two CD in my collection that prohibit lending. They are both foreign (to the US) produced, but in reality, I think they are referring to libraries and not friends. If I am mistaken in that view, well they better come and get me. :freak:

[fantasticsound]

I don't know a thing about international copyright law, but in the U.S. there is no law of any kind that can keep someone from lending anything so long as the hardware doesn't require special licence to operate. You can't legislate lending CD's in the U.S. Hell, I can invite any of my friends and family to do their taxes on my copy of Tax Cut, so long as they do them on my computer. They can't make that illegal anymore than they can make it illegal for friends to visit my home and listen to my CD collection. Don't get me wrong, there are plenty of legitimate gripes regarding U.S. law and politics. But what kind of messed up country makes it illegal for you to hand your friend a CD you bought, to listen to and enjoy??

[Jeebus]

[quote]Originally posted by fantasticsound: [b]Don't get me wrong, there are plenty of legitimate gripes regarding U.S. law and politics. But what kind of messed up country makes it illegal for you to hand your friend a CD you bought, to listen to and enjoy??[/b][/quote]No kidding. It's just another instance of [b]The Man[/b] trying to reap every last dollar out of us, and [b]Big Brother[/b] trying to keep tabs on us. Quite frankly, The Jeebus is sick of it. :mad: ---------------- His Majesty, The Jeebus

[Duhduh]

So, doesnt that mean that the MPAA has to pay that poor kids court costs?

[Jeebus]

[quote]Originally posted by Duhduh: [b]So, doesnt that mean that the MPAA has to pay that poor kids court costs?[/b][/quote]They should, the bastards. ---------------- His Majesty, The Jeebus

[Duhduh]

Well, normally if someone takes you to court and you win, they have to pay your court costs. This poor kid has been in court over this for 5 years!

[fantasticsound]

The last few posts have missed a key point. This court was outside the U.S. Anyone know the law in Norway? Did this kid get screwed even though he won? A tiny bit OT... Anyone know the law in there own state or country in this regard. Even in the U.S., I don't think court costs are necessarily paid by the loser to the winner. How many times have people been ruined while defending their innocence, due to legal bills? I don't think court and legal costs are paid by the gov't in criminal proceedings, but what about civil court?

[Joachim P. Dyndale]

He didn't have to pay anything. The judge could have made him pay, but didn't. He was aquitted on ALL charges.

[fantasticsound]

Re-read the preceeding posts, Joachim. :rolleyes: We were speculating on whether the [i]MPA[/i] had to pay court costs and repay legal fees for the Norwegian teenager.

[Jeebus]

Hey Duhduh, GREAT avatar. That movie was almost as good as The Big Lebowski. :thu: -------------- His Majesty, The Jeebus