New DMCA exemption

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New DMCA exemption

Postby dokidoki » Mon Jul 26, 2010 3:01 pm

From the US copyright office:
Statement of the Librarian of Congress on the Anticircumvention Rulemaking:

The Librarian of Congress has announced the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works. Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) until the conclusion of the next rulemaking.

(1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:

(i) Educational uses by college and university professors and by college and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos.

The Organization for Transformative Works worked with the Electronic Frontier Foundation to help make this happen. You can read more information about that here.

Of course, this only deals with ripping DVDs in the US. Remix/redistribution are other matters.
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Re: New DMCA exemption

Postby gotenks794 » Mon Jul 26, 2010 3:15 pm

So in layman's terms speedy thing goes in, speedy thing comes out ripping legally obtained DVDs (anime) for the purpose of being made into noncomercial videos (AMVs) is now OK to do?
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Re: New DMCA exemption

Postby Enigma » Mon Jul 26, 2010 3:23 pm

gotenks794 wrote:So in layman's terms speedy thing goes in, speedy thing comes out ripping legally obtained DVDs (anime) for the purpose of being made into noncomercial videos (AMVs) is now OK to do?

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Re: New DMCA exemption

Postby EvaFan » Mon Jul 26, 2010 3:29 pm

dokidoki wrote:Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment


Well it doesn't word exactly what were aloud to do when it comes to remixing or distributing but from an obvious/analytical standpoint... There would be no reason to get comments or criticism unless you had remixed ("the incorporation of short portions of motion pictures into new works") it and you cant get those comments or criticism unless you distribute it ("for the purpose of criticism or comment").

Well even if what were doing isn't still completely legal, this is very good news.

I'm curious as to how this effects the cease and desist order for the current bands we don't allow on the org.
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Re: New DMCA exemption

Postby Athena » Mon Jul 26, 2010 5:24 pm

This doesn't apply to music. Music has always been the real problem, since unlike the small portions of DVDs we take and clearly remix, very rarely do we edit the song in the same way.
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Re: New DMCA exemption

Postby BasharOfTheAges » Mon Jul 26, 2010 5:36 pm

The ruling also legalizes jailbreaking phones, hacking into video game DRM like SecuROM (for "research" purposes), and bypassing fob technologies when they are obsolete and/or not supported (which may or may not include license servers that have gone dead).

EvaFan wrote:I'm curious as to how this effects the cease and desist order for the current bands we don't allow on the org.

Since it has absolutely nothing to do with music (and even if it did, whole songs are non-transformative and used in their entirety... far above the 1/300 guideline they're currently deeming as a legit portion to even claim fair use), I'd say jack shit.

The stupid part is, this ruling is specific to pure CSS on DVDs. BRDs are a whole separate ball game, as are the DVDs that implement a combination of CSS and bad sector writes. Not so sure about dealing in the tools to break CSS though, unless they specifically stated it, i think those might be illegal still too.
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Re: New DMCA exemption

Postby JudgeHolden » Mon Jul 26, 2010 5:51 pm

Kionon wrote:This doesn't apply to music. Music has always been the real problem, since unlike the small portions of DVDs we take and clearly remix, very rarely do we edit the song in the same way.


I agree with Kionon.

In addition, the US Anime industry has never really been an issue. I've even discussed AMVs and CSS with a DVD producer from a certain Anime company that shall remain nameless ... the protection on their dvds is there to raise the frustration level for teens (and others) trying to rip and upload entire episodes of an Anime to the Internet. They don't want to stop AMVs.

However, this does give us some protection (seeing as our servers are in the US) from Japanese companies coming after us. :awesome:
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Re: New DMCA exemption

Postby BasharOfTheAges » Mon Jul 26, 2010 6:13 pm

JudgeHolden wrote:However, this does give us some protection (seeing as our servers are in the US) from Japanese companies coming after us. :awesome:

Until ACTA is passed at least.
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Re: New DMCA exemption

Postby LittleAtari » Mon Jul 26, 2010 7:42 pm

Well as much as the anime companies have been cool about stuff, every now and then, some anime companies have taken down AMVs on Youtube. So we know sometimes they're not cool with it. Still this is a good step for us =) Next stop, music >.>
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Re: New DMCA exemption

Postby gotenks794 » Mon Jul 26, 2010 7:45 pm

But the music industry doesn't really care that much either, amirite? There's those 3 bands that we're not allowed to upload but that's been that way for many years and no new ones have been added...
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Re: New DMCA exemption

Postby gotenks794 » Mon Jul 26, 2010 7:46 pm

gotenks794 wrote:But the music industry doesn't really care that much either, amirite? There's those 3 bands that we're not allowed to upload but that's been that way for many years and no new ones have been added...


For the org, i mean. Not talking about the youtube community.
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Re: New DMCA exemption

Postby dokidoki » Mon Jul 26, 2010 8:15 pm

BasharOfTheAges wrote:The stupid part is, this ruling is specific to pure CSS on DVDs. BRDs are a whole separate ball game, as are the DVDs that implement a combination of CSS and bad sector writes.

Good point, I hadn't thought about those. Also note that the request for exemption has been discussed here before. I actually forgot about that thread until Mimi Ito IMed me about the decision. I forgot that she had emailed me asking for information to support this proposal back in January 2009, and I linked her to that thread to say that we'd heard of it.
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Re: New DMCA exemption

Postby BasharOfTheAges » Mon Jul 26, 2010 8:58 pm

You also have to, y'know, do it all yourself from scratch, because they didn't exempt the trafficking in devices that break encryption for you part of the DMCA.

This was a very pyrrhic victory.
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Re: New DMCA exemption

Postby dwchang » Mon Jul 26, 2010 9:32 pm

I was wondering when someone would post this. I debated doing so earlier this morning, but knew someone would be up to the task (i.e. I'm lazy). Good to see you're on the ball Tim :P.
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Re: New DMCA exemption

Postby Qyot27 » Mon Jul 26, 2010 10:25 pm

BasharOfTheAges wrote:as are the DVDs that implement a combination of CSS and bad sector writes.

I would superficially think that bad sector writes would have a hard time surviving a court case if they were argued for that. They break compatibility with all sorts of things, including DVD players themselves. There's got to be something about that which would make it more akin to intentional damage, so things to cope with them are more about data recovery and preservation than about circumvention (circumvention is only a side-effect of said recovery, if it can even be proved such methods are actually DRM, and not an instance of a company selling consumers goods that are faulty-by-design...which I can only imagine would end badly for them, not the consumer, since they're the ones selling the damaged goods).
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