Linked by Thom Holwerda on Tue 4th Oct 2011 13:31 UTC
Legal A few days ago, several countries signed ACTA, the Anti-Counterfeiting Trade Agreement. As you are probably aware, ACTA was drafted up in secret, and is basically Obama/Biden's attempt to impose the US' draconian pro-big business/big content protection laws on the rest of the world ('sign it, or else'). The European Parliament still has to vote on it, and as such, Douwe Korff, professor of international law at the London Metropolitan University, and Ian Brown senior research fellow at the University of Oxford, performed a 90-page study, with a harsh conclusion: ACTA violates fundamental human rights.
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RE[7]: Call me contrarian...
by saynte on Fri 7th Oct 2011 04:14 UTC in reply to "RE[6]: Call me contrarian..."
saynte
Member since:
2007-12-10

I am curious, did you read the parent's post? I am only asking because it basically spells out what part of using VLC could be considered illegal. It also spells out why you wouldn't find a DMCA notice issued for VLC.

Reply Parent Score: 1

RE[8]: Call me contrarian...
by lemur2 on Fri 7th Oct 2011 05:11 in reply to "RE[7]: Call me contrarian..."
lemur2 Member since:
2007-02-17

I am curious, did you read the parent's post? I am only asking because it basically spells out what part of using VLC could be considered illegal. It also spells out why you wouldn't find a DMCA notice issued for VLC.


Did you mean this?

http://www.chillingeffects.org/anticircumvention/

"In order to control the distribution and use of their works, copyright owners are increasingly embedding access (keep you from accessing the work) and copy (control what you do with the work) protection schemes in their digital works. Under section 1201 of the Digital Millennium Copyright Act (DMCA), the circumvention of these access mechanisms is illegal, with only a few narrow statutory exemptions. The DMCA also prohibits the distribution of programs that can be used to circumvent both copy control and access control technologies."

Neither VLC nor CSS itself does anything with regard to "control what you do with the work". VLC does not copy works on DVDs.

CSS is a means to "keep you from accessing the work". However, I quoted a decision from a court case where even the DMCA cannot "keep you from accessing the work" insofar as accessing the work is what is required in order for people to do what the product was intended to provide. When people have legally purchased a DVD and a DVD drive, then they have the right to play the DVD, since doing that is what they have paid for.

In other words, "circumvention provisions" are not protected under the DMCA if they don't actually circumvent copying the work in order to violate copyright. Lexmark found this out when they tried to use the DMCA to prevent someone from making Lexmark-compatible printer ink cartridges. Lexmark found out that the "anti-circumvention" provisions of the DMCA didn't apply here, because the DMCA is an anti-copying law, not an anti-competition law.

In an entirely similar fashion, the mere naming of CSS as a "copying prevention device" does not make it one. VLC implements CSS in order to play DVDs, not to copy them. Therefore, anti-circumvention provisions of the DMCA do not apply to VLC software.

The Lexmark case is very strong legal precedent for this. I'm sorry that I didn't make this clear enough so that you were able to follow the reasoning.

As for the fact that VLC is written in France, that too is a red herring. If a French website hosted an illegal copy of a movie for which an American firm held the copyright, then the American firm would indeed be able to get the infringing copy taken down.

Edited 2011-10-07 05:26 UTC

Reply Parent Score: 3

RE[9]: Call me contrarian...
by saynte on Fri 7th Oct 2011 07:29 in reply to "RE[8]: Call me contrarian..."
saynte Member since:
2007-12-10

The finding was the the DMCA applies to circumvention of copyright protection mechanisms, but Lexmark just was trying to apply it as a protection of a functional mechanism (their printer-toner system). It showed the weakness of the DMCA as Lexmark was trying to apply it, but not in the general case. Reading your links (which I did initially) the findings were that

A movie and VLC are different, as VLC may violate specifically the DMCA (copyright circumvention clause), where-as France likely already has copyright laws that would cover hosting a copyrighted movie. That is why an American firm could prosecute/take-down a copyright infringement in France.

Reply Parent Score: 1

RE[9]: Call me contrarian...
by sagum on Fri 7th Oct 2011 09:35 in reply to "RE[8]: Call me contrarian..."
sagum Member since:
2006-01-23

As for the fact that VLC is written in France, that too is a red herring. If a French website hosted an illegal copy of a movie for which an American firm held the copyright, then the American firm would indeed be able to get the infringing copy taken down.


Libsdvdcss are released by VideoLAN under the GPL. It can be hosted anywere, even in the USA if they wanted to as the software is not a copy of the CSS software or any copyright secure keys used by the DVD Forum, but rather Video LAN's own work, created and released under the GPL.

Copyright movies are copyright by the whoever made them. Copyright law exists in France, most other EU places will honor copyright issues as well from a takedown notice just in the same way if music, software, books, pictures or anything else that has been copyrighted.


Let me just quote the VideoLAN's website just once more so we're all clear on the matter of libdvdCCS that allows playback.



Are libdvdcss and libaacs legal ?

libdvdcss

libdvdcss is a library that can find and guess keys from a DVD in order to decrypt it.
This method is authorized by a French law decision CE 10e et 9e sous­sect., 16 juillet 2008, n° 301843 on interoperability.

NB: In the USA, you should check out the US Copyright Office decision that allows circumvention in some cases.
VideoLAN is NOT a US-based organization and is therefore outside US juridiction.


CE 10e et 9e sous­sect URL http://www.legifrance.gouv.fr/affichJuriAdmin.do?oldAction=rechJuri...

Reply Parent Score: 1