Court Ruling Suggests DMCA Allows for DVD Ripping

October 5, 2011 -

On Monday a ruling by a California judge suggested that the Digital Millennium Copyright Act (DMCA) allows for DVD ripping if you own the DVD in question. More importantly, educational institutions are entitled to stream legally purchased DVDs on campus without the permission of copyright holders.

The decision was for a lawsuit brought by a trade association of educational video publishers called the Association for Information Media and Equipment (AIME), and one of its members, Ambrose Video Publishing. The plaintiffs in the case alleged that in January 2006, UCLA purchased video streaming software that included a DVD-ripping capability, and began streaming DVDs it had purchased (including some belonging to Ambrose) to members of the UCLA community.

Ambrose and AIME sued the college in December 2010, alleging copyright infringement, breach of contract, and other harms. They argued in court that the college violated the anti-circumvention provisions of the DMCA when it ripped Ambrose's copy-protected DVDs. They also argued that their DVDs are sold under a licensing agreement that prohibits rebroadcast and public display.

UCLA argued in court that the copyright's fair use doctrine gives educators broad latitude to publicly perform copyrighted works as part of their instructional activities. They also noted that Ambrose's own catalog states that "All purchases by schools and libraries include public performance rights." UCLA argued that because the school was the lawful owner of the DVDs at issue, it had a right to access the DVDs and therefore could not have violated the ban on circumventing access-control measures.

Judge Consuelo B. Marshall sided with UCLA. He noted that the plaintiffs conceded that UCLA had the right to show its DVDs in the classroom, and ruled that UCLA's streaming service was a functional equivalent to that right. "The type of access that students and/or faculty may have, whether overseas or at a coffee shop, does not take the viewing of the DVD out of the educational context," he wrote. Marshall also ruled that UCLA's copies of the DVDs were incidental to its lawful streaming service, and was therefore fair use.

"UCLA is pleased that the court dismissed the plaintiffs' lawsuit challenging UCLA's practice of streaming previously purchased video content for educational purposes," said Scott Waugh, UCLA executive vice chancellor and provost. "The court ruling acknowledges what UCLA has long believed, that streaming licensed DVDs related to coursework to UCLA students over UCLA's secure network is an appropriate educational use."

The decision is expected to be appealed by the plaintiffs and sent to the Ninth Circuit court for review.

Source: Ars Technica

 


Comments

Re: Court Ruling Suggests DMCA Allows for DVD Ripping

Aren't the highest levels of court the one with "corporate friends" in place? If so, this ruling is sadly pointless...

Re: Court Ruling Suggests DMCA Allows for DVD Ripping

Won't be long before this is changed.

Re: Court Ruling Suggests DMCA Allows for DVD Ripping

I wonder what the limitations of "on campus" are.  Can I start a "film school" with $10/mo tuition and extend the campus to include the location of any student?

Re: Court Ruling Suggests DMCA Allows for DVD Ripping

IANAL but I would think that both being optical media would render them legaly indistinct.

Re: Court Ruling Suggests DMCA Allows for DVD Ripping

Ten years too late unless this would also apply to newer media such as Blu-Ray.

 
Forgot your password?
Username :
Password :

Poll

Did you get a new video game for Christmas?:

Shout box

You're not permitted to post shouts.
Matthew WilsonI meant from a organizational pov end users get it in contract, but any site that would want to use it for 2 factor would have to pay alot of money12/27/2014 - 5:35pm
IanCSMS is expensive? In what country? I get something stupid a month on my contract. I think it might even be unlimited.12/27/2014 - 5:32pm
Matthew WilsonI am still amazed that 2 factor authentication has not become the norm yet. I get sms is expensive, but Google authanacator api is free for any website to use.12/27/2014 - 5:11pm
PHX Corphttp://techcrunch.com/2014/12/27/anonymous-leaked-a-massive-list-of-passwords-and-credit-card-numbers/ Guys change your passwords: Anonymous Leaked A Massive List Of Passwords And Credit Card Numbers12/27/2014 - 3:25pm
Matthew WilsonThis is impressive video editing. basketball tricks with a basketball. https://www.youtube.com/watch?v=OhCQeFX9GSg#t=18112/27/2014 - 2:01pm
MaskedPixelanteDude was at the center of a pretty serious plagiarism scandal back in 2011, and it was widely known he ripped off other musical pieces well before that.12/27/2014 - 9:33am
Kajex@Masked Right, because his work actually composing music for several Metroid games necessitated plagiarism.12/27/2014 - 9:04am
MaskedPixelanteI can't believe Kenji Yamamoto got another job. Then again, his job on Smash was "musical arrangment", so copying other people's work is right up his alley.12/26/2014 - 9:31pm
Matthew Wilsonthe company that hosts it is a cyber security firm, and from what I understand it is the data they they see just shown publicly.12/26/2014 - 8:22pm
Wonderkarpa question about that website, Matthew...how does it know its a cyberattack or not12/26/2014 - 8:06pm
Matthew Wilsonfor those intreasted in seeing cyber attacks in real time check out this site. http://map.ipviking.com/12/26/2014 - 7:51pm
PHX Corp@MP you can add me on XBL and Nintendo Network if you want, I go under TrustyGem(Same gamertag as on Steam)12/26/2014 - 2:01pm
CMinerI blame North Korea.12/25/2014 - 11:49pm
MechaTama31For the last few weeks, the GP site fails to load about 2/3 of the times I try.12/25/2014 - 11:13pm
MaskedPixelanteOK, is GP having trouble loading for anyone but me?12/25/2014 - 9:21pm
Matthew Wilsonits a bunch of script kiddies. ddosing is one of the easiest thing to do,and most companies can not stop it sadly.12/25/2014 - 5:05pm
MaskedPixelanteI like Nintendo as much as the next person, they're pretty much the only company putting out the games I want to play, but that was pretty embarassing to have NNID go down due to overuse.12/25/2014 - 4:35pm
MaskedPixelanteSee? It's NOT a repeat of last year's fiasco.12/25/2014 - 4:22pm
PHX CorpLizard squad is responsible for The XBL/PSN shutdown https://www.youtube.com/watch?v=QSpZvsoWvig12/25/2014 - 4:17pm
IanCOh shut up bitching about Nintendo. At least they advised people to downloading updates before the big day. Sony/MS? Not a peep.12/25/2014 - 3:50pm
 

Be Heard - Contact Your Politician