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.

 
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quiknkoldhttp://www.pastemagazine.com/articles/2014/10/femme-doms-of-videogames-bayonetta-doesnt-care-if.html10/30/2014 - 1:15pm
quiknkoldIf he calls himself the Effing Robot King, I can die happy10/30/2014 - 1:14pm
Michael ChandraAlso, yay for him being Ultron. :D10/30/2014 - 1:08pm
Michael Chandra"We become who we are. You can’t judge a book by its cover, but you can by its first few chapters. And most certainly by its last."10/30/2014 - 1:07pm
prh99""We are what we repeatedly do..."10/30/2014 - 12:30pm
Andrew EisenI would, however, call someone who routinely kills time by playing random games on their phone a gamer.10/30/2014 - 12:15pm
E. Zachary KnightMatthew, AE, Yeah, that is why I have a hard time understanding critics of Sarkeesian. I look at her videos as a Feminist review of video games, but for some reason, others look at them as personal attacks.10/30/2014 - 12:01pm
E. Zachary KnightDefinitely a good answer. That is the way I lean. If you actively chose to stop gaming, or just stopped out of habit, then yeah, you are no longer a gamer.10/30/2014 - 11:45am
Matthew WilsonAE i agree, but it is worth pointing out the fact that that is whats happening.10/30/2014 - 11:45am
quiknkoldbehavior to warrant having a Title that doesnt involve a piece of paper.10/30/2014 - 11:43am
quiknkoldwaiting in line. Thats not being a Gamer. Thats akin to me reading a Pamphlet in line and calling myself an active reader. or watching a movie trailer on a tv in walmart and calling myself an active movie goer. There has to be some form of repetitive10/30/2014 - 11:42am
quiknkoldbeing A Gamer is a Conscious decision. I am consciously engaging in this form of media and showing some form of enthusiasm. The only person I Wouldnt call a gamer is somebody who has a random game on their phone just to kill 5 minutes cause they are10/30/2014 - 11:41am
E. Zachary KnightSo how much time must pass since the last time you played a game before you are no longer a gamer?10/30/2014 - 11:33am
Andrew Eisen"Plays" is present tense so the clarification doesn't seem necessary to me.10/30/2014 - 11:18am
quiknkoldI would change that from "One who plays games" To "One who currently plays games". Like my friend as a kid playd games but then he stopped and hasnt for the last decade+ so I wouldnt call him a Gamer.10/30/2014 - 11:16am
Andrew EisenHmm, that sounds like a great idea for a series of articles! I bet they'd be well-received and not taken the complete wrong way at all!10/30/2014 - 11:12am
Andrew EisenThat's right, gamer simply means one who plays games. That's it. The idea that "gamer" refers to something very limited and specific, well, that's no longer applicable in this day and age of mainstream gaming.10/30/2014 - 11:12am
Andrew EisenMatthew - As I said last night, that is not a bad thing. Different types of reviews to serve different interests is a GOOD thing and should be encouraged! There is not, nor should there be, only one way to review a game or anything else.10/30/2014 - 11:01am
ZippyDSMleeAnyone see this? http://www.dailykos.com/story/2014/10/29/1339617/-Cartoon-Gamergate-Contagion-Spreads?detail=facebook10/30/2014 - 10:55am
E. Zachary KnightNeeneko, Matthew, yeah, there is no "wrong" way to review a game. It all depends on who the reviewer wants reading the review.10/30/2014 - 10:48am
 

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