27 / April
27 / April
Copyright, Copywrongs

American judges aren't the only ones who've lost their minds. A French court ruled that DVDs and CDs that have copy-protection technology can't be sold in France. In other words, the law ruled in favor of the lawless. Looters won. The decision banning the anti-bootlegging safeguard will likely have ramifications in other European Union member states, enabling crooks to more easily siphon profits from recording artists and filmmakers. Ironically, the case stemmed from a man who sought to dub his copy of Mullholland Drive, perhaps the worst movie ever made and certainly one that nobody in a right mind would attempt to duplicate.

posted at 01:07 AM
Comments

Well, know we are talking about the french. When is the last french film you could sit through. Heck when is the last french film you have seen?

Ah, but the french care little about anything but the french. ;)

Posted by: The Uncooperative Blogger on April 27, 2005 02:10 AM

You are so completely wrong about Mulholland Drive, it isn't funny. But I have been down "the defending David Lynch's brilliance road" with you too many times. I give up.

The Village was the worst film of all time.


Posted by: Brian on April 27, 2005 03:16 AM

Copying a CD or DVD for personal use or to have as a backup is considered fair use isn't it? The anti-bootlegging technology deprives the consumer of their rights.

Posted by: obi juan on April 27, 2005 07:36 AM

Can't the anti-copying feature be disabled with a Sharpie marker anyway?

Posted by: Paul on April 27, 2005 07:42 AM

Paul, you just broke the DMCA!

Posted by: obi juan on April 27, 2005 07:47 AM

I blame this on the stupid "open source" movement. As soon as the "software should be free, man" crowd started being taken seriously, this whole idea that someone's unique invention or ingenuity belongs to whole damn world started to be accepted. Businesses use it as a ruse and they suck tons of free labor out of the "movement" and therefore do everything they can to keep it going, but this is what we get for it. Everything belongs to everyone.

"Come on people now, smile on your brother, everybody get together, try to love one another right now...right now....RIGHT NOW (Seriously, or we'll take you to court)."

Posted by: Homer J. Fong on April 27, 2005 08:50 AM

We wouldnt want to deprive France of watching movies in their country, so why dont we do them a favor. Send them all the unwanted copies of "Batman and Robin" and "Ballistic: Ecks vs Sever"...(i.e. the unsellable $5.00 copies that are always left over at Best Buy and Wal-Mart)

Posted by: James on April 27, 2005 09:23 AM

"The Village was the worst film of all time."

Hyperbole anyone?

May I recommend for your viewing pleasure "The Shadow," starring Alec Baldwin, or perhaps "Constantine" starring Keanu?

I happened to like "The Village." It wasn't "Unbreakable" or "Signs," but it was certainly not "walk-out-of-the-theater" terrible.

Posted by: Brad on April 27, 2005 10:19 AM

This is like arguing whether or not Jethro Tull or the Grateful Dead were any good.

Some would enjoy them, others would say the $uck.

Just expressions of opinion. No valid or winnable argument.

Movies fall into this category as well.

Posted by: Gene Pitney on April 27, 2005 10:36 AM

I think we are wrong to see this as French commies (as Homer paints it). Isn't it just a matter of the French court being anti-American/player-hating?

And besides: the copying urge is a natural response to incredibly overpriced merchandice.

Posted by: short on April 27, 2005 11:08 AM

OMG, Short disagrees with me...

I should resist the urge to argue for arguments sake, though. I made my case. It's clearly anti-Intellectual Property, not specific to the US.

But seriously, we have to be understanding of entertainment theives???? The well-taken point of overpricing notwithstanding: This isn't a loaf of bread to feed someone's starving family. It's not like they MUST have it to survive.

Posted by: Homer J. Fong on April 27, 2005 11:28 AM

Short - would that be video-player-hating?

Gene - yes to the Dead, no to Tull. (Goodness gracious me, NO to Tull.)

Homer, you make a great point. This all started with people hating on Microsoft for making great software. When I was a boy, they made a lot of that software for the Apple II (on 5¼ inch diskette!). Then Gates hit on the idea of making his own OS and making that great software exclusive to the new system. He had no guarantee at all that the market would accept this. He rolled the dice on his entire company's future and wound up hitting the grand jackpot - which made him punishable in the eyes of the envious and bitter.

James - "Ecks v. Sever." Heheheheheh. That movie should have singlehandedly resurrected Mystery Science Theater 3000. But I have to confess that I liked "Amelie" (and especially its easy-on-the-eyes lead actress) so French film isn't a total loss.

Posted by: Nightfly on April 27, 2005 12:22 PM

Heres my list of all the movies we should export to France...Anything with Segal, anything with Stallone, anything with Van Damme, anything in the half-price bin at Wal-Mart, anything with Alec Baldwin, Susan Sarandon, Tim Robbins, Martin Sheen, Janene Garafalo....

Posted by: James on April 27, 2005 03:21 PM

I'm going to have to disagree with Dan on this one.

The copyrighting technology is taking away a consumers right to fair use. You are allowed to backup your media for your own use and there is nothing inherently wrong with taking all of your DVD's and backing them up to a big hard disk so that you don't have to keep all of the disks in a big pile to watch them (I have done exactly this with my CD collection, much more convenient).

Also the Region Codes on DVD's are really an attempt to restrict trade.

I agree that movie copying and the like is wrong and that it should not go on, but the copy protection approach is wrong. It stop consumers exercising rights they have always had, and it doesn't actually work against those commited to copying things anyway.

Incidentally I think the last point is a very important one. No copy protection mechanism has ever worked against the determined attacker, all they have done is deprive honest consumers of the ability to backup their data properly. It isn't like the movie houses are going to replace your DVD if it gets scratched are they ?

I think it is silly to say "the looters won". The winners here will be honest consumers who now have their rights back.

Jason

Posted by: Jason Rennie on April 27, 2005 05:01 PM

One would think that children run France. One would not be far off the mark.

Posted by: Ben-T on April 27, 2005 05:07 PM

One would think that children run France. One would not be far off the mark.

Posted by: Ben-T on April 27, 2005 05:07 PM

I agree with James and Obi Juan. The anti-copy technology isn't illegal or anything, but it is punishing the wrong parties. The gov. should track the real pirates who sell copies illicitly and punish them, but the anti-copying technology only restricts fair use on individual consumers.

Posted by: short on April 27, 2005 05:23 PM

James,
I hope your films to the Frenchies does not include "Team America, World Police."

Posted by: Webster on April 27, 2005 07:25 PM

Yeah, James. It should also be pointed out that Alec Baldwin does the voice over for The Royal Tannenbaums, one of the best movies of all time.

Posted by: Homer J. Fong on April 27, 2005 07:43 PM

Jason, i disagree with you
Yes, it may be more convienent to back up dvds and cd's on hard disk, but the question is is that more important? i don't believe France should open the door to illegal bootleggers just because some people don't want to buy one of those nifty dvd/cd carrying cases. That' s like saying we should legalize marijuana for everyone just because a small group of people will use it for medicinal purposes.

Posted by: Goblin on April 27, 2005 09:47 PM

Goblin,

You appear to be labouring under the misunderstanding that the copy protection mechanisms on a DVD prevent copying of the disk. They don't, if I do a bitwise copy of the entire DVD and then press another DVD from that copy (exactly what really professional pirates do) then I will bypass the copying mechanims in its entirety. The copy protection mechanisms in use have never ever stopped those determined to break them, and they never can because of the money and the sorts of devices involved.

All the copy protection mechanisms do is to remove rights from legitimate users.

I'm not some left wing "free information" looney type either. Although I am a supporter of the concept of free and open source software I do understand the reality of software as a paid enterprise.

My problem with the copy protection mechanisms is that they simply don't work against those they are claimed to work against. They do not stop commited attackers (such as professional pirates) and barely even slow them down.

By comparison the people hurt are the ordinary consumers who are denied a fair use right they have in the name of "preventing piracy". I might be willing to think that perhaps that is reasonable if the measures in question worked at all, but they simply do not.

Also without the ability to legitimately copy and back up my media, what am I to do if the media is damaged ? Since I do no longer have the ability to legally backup my media (thanks to a crazy law like the DMCA) what am I to do ? I doubt those that sold me the media in the first place are going to be willing to replace damaged disks.

Why should consumers have their fair use rights violated like this ? Especially as the mechanisms in place to prevent piracy, do not in fact actually work at all. That is insane.

Jason

Posted by: Jason Rennie on April 28, 2005 07:13 AM

Is there an explicit provision in the Fair Use description in the Copyright Act that addresses backups? I know there is case law precedent, but the 4 points that govern fair use are incredibly, and probably intentionally, vague. I wouldn't be so quick to assume that you have any legal rights in this instance.

Posted by: Homer J. Fong on April 28, 2005 10:35 AM

Then perhaps consumers should. After all, the companies in question would never replace damaged media.

And besides, with the copy protection inplace, you are denied your definite and obvious fair use provisions.

That alone should see such things outlawed. Especially as gaining your fair use rights is actually a breach of the DMCA for DVD's.

Jason

Posted by: Jason Rennie on April 28, 2005 05:27 PM

I'm not saying you shouldn't be able to, I'm saying it's hard to support the legal position given the varying interpretations of the "4 points".

Posted by: Homer J. Fong on April 28, 2005 07:19 PM
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