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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Oct. 16, 2008
/ 17 Tishrei 5769
Copying DVDs: RIP OR RIPOFF?
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
There's a new skirmish in the ongoing copyright war between the entertainment industry and the technology industry. RealNetworks has just released a new program, RealDVD, to copy DVDs and were immediately taken to court by the Motion Picture Association of America.
With music CDs, copying is already an established practice. Music consumers are used to immediately transferring music CDs to other devices such as computers and MP3s. They can do this using a wide variety of "ripping" programs which copy the music files and often recode them, for example as MP3 files which compress the more expansive files found on CDs with some loss of fidelity. Once you buy a song, you have the technical ability to copy it to any number of devices.
Is ripping legal? The legal question involves us in a thicket of legal and contractual obligations. Does the ripping consumer violate the law (copyright) or a contract (the license agreement)? What about the ripping software? It may violate digital rights management laws, such as the US Digital Millenium Copyright Act which makes it a crime to produce or disseminate technology meant to circumvent copy protection. If the software manufacturer actually has a contract with the copyright holder, who decides to make copying available under controlled circumstances, it could violate the contract as well.
The music industry is uneasy about music ripping software, mostly because this makes it so easy to transfer songs to someone else who didn't pay for the CD. But evidently the industry is reconciled to the situation. It does add significant value for the legitimate consumer, as listening to music on digital players has far outstripped listening to them on the original CDs. Industry representatives have conceded that making copies for personal use on a second device is legitimate. In the case of music CDs, their strategy is to pursue end users who copied music they didn't purchase, or those who made copies available to others in this way - not the distributors of ripping software.
However, when it comes to ripping movie DVDs the entertainment industry has come out swinging. The first prominent lawsuit was against Kaleidescape, a company that makes a high-end product to allow people to archive their DVDs on a dedicated device. The DVD Copyright Control Association (CCA), which licenses devices to play DVD's, sued the company, claming that this violated the license Kaleidescape obtained to produce a DVD device. Last year Kaleidescape won the case, but the judgment had little to do with intellectual property rights, turning rather on a narrow interpretation of the specific wording of the license.
RealNetworks, like Kaleidescape, makes a dual claim: On the copyright front, they claim that the archiving itself is "fair use" (this was the conclusion of a court in the landmark Sony Betamax case from 1984 which permitted time-shifting as fair use). On the license front, they claim that since the archived copy is encrypted in the same way as the original, the license is not violated.
The Motion Picture Association of America promptly went to court seeking a restraining order against RealNetworks on the grounds that RealDVD enables and encourages consumers to circumvent copy protection, in particular by renting movies and keeping copies on their hard drives, a practice they call "rent, rip and return". Note that this suit alleges illegal conduct, and not just breach of contract.
It is noteworthy that DVD CCA has never sued the distributors of the various unlicensed and free programs that rip DVDs, or companies that do the archiving themselves; they have reserved their wrath for the licensed companies. Their strategy at this stage seems to be to reinforce the impression that ripping is illegal, rather than actually preventing illegal ripping.
I cannot blame the MPAA for bringing this suit, but I think that it is fruitless and superfluous.
Why hopeless? As Sony learned to its dismay in the Betamax case, you have to pick your battles carefully or you will get a precedent that works against you. The court here is likely to say the same thing it said over twenty years ago: If you have the right to view something, then fair use gives you the right to view it a little later too. So making a copy of a DVD you own will be considered fair use. Once this is granted, then a device designed to make such a copy will be considered to have a substantially legitimate use; it is not designed to aid piracy. MPAA are in criminal, not civil, court and they will have to prove their case beyond a reasonable doubt.
Why superfluous? The supposed "threat" of people copying rented videos just does not strike me as being very threatening. The presumed loss to studios is renting instead of buying, or renting once instead of renting twice. But DVD movies are in any case only released for rental after purchases have peaked (they are also released for sale only after the movie flags at the box office), so the competition to purchases from rentals is just not that great. And how often have you rented the same film twice anyway? Maybe this would even boost rentals, as people would rent a whole bunch of movies to archive, perhaps some that they end up never seeing.
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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