New DMCA exemption

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Re: New DMCA exemption

Postby Megamom » Mon Jul 26, 2010 11:10 pm

No music... no win :|
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Re: New DMCA exemption

Postby outlawed » Tue Jul 27, 2010 1:46 pm

"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."

Cool. We're temporarily violating one less dumb law =p
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Re: New DMCA exemption

Postby BasharOfTheAges » Tue Jul 27, 2010 4:47 pm

Qyot27 wrote:
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).

It's an intentional tactic to prevent ripping that was used by Sony for Playstation games for years. I've seen it claimed to be part of some DVD encryption schemes specifically to thwart deCSS, They probably have internal memos that support this intent.
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Re: New DMCA exemption

Postby Qyot27 » Tue Jul 27, 2010 5:30 pm

BasharOfTheAges wrote:It's an intentional tactic to prevent ripping that was used by Sony for Playstation games for years. I've seen it claimed to be part of some DVD encryption schemes specifically to thwart deCSS, They probably have internal memos that support this intent.

I know, but using it for the PlayStation is different than using it for DVD, because the PlayStation should have the proper measures to counteract it, seeing as both are Sony products. Because it's not a part of DVD spec, though, there have been issues with such discs in DVD players. 'Encryption' tactic or not, to any normal consumer, that constitutes a broken and faulty product, which the company should rightly be held accountable for. The same was true, on a much bigger and nastier scale, for the rootkit fiasco...and that was an intentional tactic to prevent ripping, too (and similarly, in violation of Red Book specifications).

But what am I thinking here, consumers don't have any rights. That's where this crap is ultimately headed, after all. The companies already think that way as it is, it's just a question of how much time the government spends kow-towing to them that matters. Pretty soon they'll be lying totally prostrate at the industry's feet.
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Re: New DMCA exemption

Postby BasharOfTheAges » Tue Jul 27, 2010 5:54 pm

well, yes - as i said twice before in this thread; even though you have the right to break CSS for fair use reasons now, you can't do so unless you construct the software from the ground up yourself - the tools that other people made weren't made exempt in this ruling (or the other ruling that came out of the 5th circuit today). Trafficking in those tools is still a DMCA violation. In essence they made the act legal, but the tools you need to commit the act are still not. Completely worthless ruling.
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Re: New DMCA exemption

Postby Pwolf » Wed Jul 28, 2010 1:51 am

i think some of you are forgetting that even if we were 100% in the legal zone in terms of breaking the drm and css on a dvd, a lot of people are moving away from dvds now in favor of HD TV rips and blus. so its kinda too late now except for those of us who purchase our sources.
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Re: New DMCA exemption

Postby Athena » Wed Jul 28, 2010 4:44 am

Waffle, those people aren't "us." They are, in fact, the very opposite of who we claim to be. We purchase our source because what we do is a celebration of the original sources, and we believe in providing monetary compensation for those that develop said sources.

It has always been at the core of who we are as the Org to repudiate and rebuke those that are unwilling to provide such compensation.

(ripping blu-rays you own are the same, as far as I am concerned, we are still paying for the source)
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Re: New DMCA exemption

Postby outlawed » Wed Jul 28, 2010 8:52 am

Kionon wrote:Waffle, those people aren't "us." They are, in fact, the very opposite of who we claim to be. We purchase our source because what we do is a celebration of the original sources


I'd say your definition of "us" is more like a subset. Let's look at the core AMV convention senders and even if we date back before the org there's always been a sizeable part that didn't buy source. Someone like me making AMVs in 99-00 with LDs of stuff that hadn't come out in the USA was a rarity. A lot of those people who made AMVs with unreleased stuff did not import their own source. They often relied on others to get copies. Even before massive amounts of BT digital copies floating around the net people would just rent stuff or dupe it from friends. It's not really a surprise it was like the interim before the DVD explosion here. The early AMV scene was very well tied in with fansubbers and a lot of people I knew didn't buy source.


Kionon wrote:It has always been at the core of who we are as the Org to repudiate and rebuke those that are unwilling to provide such compensation.


One would like to think so but I don't think the reality bears that out. Some will probably still do so but most simply look on it as an accepted practice now. The knocks people used to give about downloaded footage before was mostly that it looks like shit so buy the DVDs and do the AMV right. It's a lot easier now for people to mask that problem. Especially given the amount of AMVs I have seen as a contest coordinator from people on this site who used TV sourced footage. You can pretty much bet anyone doing massive various videos is highly reliant on downloaded footage. Those videos often use a lot of brand new shows that may not even have a home DVD/Bluray release. And from what I've gathered in my postings on here now and in the past there aren't that many people here who have DVD archives in excess of even 50 different DVDs. In fact I personally think the celebration of the original sources has been greatly lost over the years. Let's not forget all the jokes of "anime what's that?"? A lot of the blame for loss of celebration can run to digital piracy. Unless you're doing old school videos there is no omg what is this factor from anyone in the anime community who is jacked in online. This does still tend to be different at conventions though. While a lot of people who travel far are pretty up to date on all the usual online shenanigans there are quite a few number of casual "local" fans who will just show up to these cons like ACen and be very surprised by what's in the AMV room. With the bad comes the good though since if I desire I can see every single anime airing in JP easily. Take me back to 1998 and I would say having a source like that would be a dream come true.
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Re: New DMCA exemption

Postby Pwolf » Wed Jul 28, 2010 10:58 am

Kionon wrote:Waffle, those people aren't "us." They are, in fact, the very opposite of who we claim to be. We purchase our source because what we do is a celebration of the original sources, and we believe in providing monetary compensation for those that develop said sources.

It has always been at the core of who we are as the Org to repudiate and rebuke those that are unwilling to provide such compensation.

(ripping blu-rays you own are the same, as far as I am concerned, we are still paying for the source)


That may be the intent and the image the org as tried to uphold but it's not what's happening. I would bet that the majority of the videos on the front page of the announce forum use downloaded sources and the editor doesn't own any of the media (DVDs, Blus, etc...). I would say "possibly all" but Castor Troy has a GMV in there and I know he owns the game.
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Re: New DMCA exemption

Postby outlawed » Wed Jul 28, 2010 11:51 am

Pwolf wrote:That may be the intent and the image the org as tried to uphold but it's not what's happening.


I think it's time we address this! Let's keep in mind the transition of fansub attitudes since the 90s. Fansubs went through their legitimate by fans for fans phase into mass internet distribution into denial of warez lifestyle into proud internet video pirating. It's no coincidence downloaded footage is much more prevalent and accepted in the AMV community. Particularly when a lot of editors just do it for the video creation and sometimes don't even watch anime. IMHO we should have a couple site polls on posers and pirates =p
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Re: New DMCA exemption

Postby outlawed » Wed Jul 28, 2010 11:56 am

Pwolf wrote:i think some of you are forgetting that even if we were 100% in the legal zone in terms of breaking the drm and css on a dvd, a lot of people are moving away from dvds now in favor of HD TV rips and blus. so its kinda too late now except for those of us who purchase our sources.


It's really more about the fact that any laws altered to promote fair use are good thing. Whether it makes things easier or more legal for us is a moot point because we are going to do it anyway. Promoting an environment that doesn't seek to hinder fair use more and more is a good thing no matter our average community stance on blatant disregard or concern for copyright is. Hell we haven't even talked about more important things like considering the thoughts of the original creators. Some creators don't mind fan remixes but not all of them. Of course their opinions are treated the same as copyright. We do wtf we want. It's just funny to me that everyone always discusses and makes a fuss about copyright but few actually think to ponder what the original creators might think about what we have done.
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Re: New DMCA exemption

Postby JudgeHolden » Wed Jul 28, 2010 1:07 pm

Pic from my phone ...
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Now this is not to say that I have never used rented DVDs or some DL'd footage. For instance, in a video I am working on now I am using some footage from a limited run Japanese CD that will never be available here, nor can you get it in Japan anymore (Trust me I checked all avenues because I really want the CD). :ying:

And from my last video, the only source I don't own was Rosario + Vampire, since no US company has the balls to license it. :evil:

On a side note: The tin of School Rumble, the Sam 7 boxed set, the Negima Boxed set, and several other DVDs are signed by their respective US casts. :ying:
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Re: New DMCA exemption

Postby outlawed » Wed Jul 28, 2010 1:31 pm

For full disclosure I have used shitty footage before because I refused to import the LDs for Kenshin. I used some old Hecto fansub tapes in this one sequence back in the day and cropped the subs out or used other scenes lolz. Easily the equivalent of download footage today. The fact the video footage was considered acceptable at the time says more about how shitty some people's source footage and/or tech skills were than anything else =p
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Re: New DMCA exemption

Postby Qyot27 » Wed Jul 28, 2010 1:41 pm

JudgeHolden wrote:And from my last video, the only source I don't own was Rosario + Vampire, since no US company has the balls to license it. :evil:

Um, Funimation licensed it. They announced they had it and the second season at ACen. Not that I can fathom why, because the anime is a steaming pile of crap and I doubt they'll be able to break even on it, but still.
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Re: New DMCA exemption

Postby JudgeHolden » Wed Jul 28, 2010 2:01 pm

Qyot27 wrote:
JudgeHolden wrote:And from my last video, the only source I don't own was Rosario + Vampire, since no US company has the balls to license it. :evil:

Um, Funimation licensed it. They announced they had it and the second season at ACen. Not that I can fathom why, because the anime is a steaming pile of crap and I doubt they'll be able to break even on it, but still.


That was after I made my video "Out to Save the World". But, it's good to hear ... :awesome:

YA, it's not good, but at least now I can use it in all it's fan-service glory when the DVDs come out here (for Panty Raid 3). :awesome:
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