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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WymorenceOh sweet god, Kung Fury is freaking awesome...05/28/2015 - 10:03pm
E. Zachary KnightWonder, I know you can revise content and resubmit it, but I can't findany information about a formal appeals process.05/28/2015 - 7:27pm
Wonderkarpever wonder if there's an appeals process for AO?05/28/2015 - 6:55pm
Matthew WilsonDanny and Andy play the first couple of levels of the upcoming Hatred http://www.gamespot.com/videos/hatred-gamespot-plays/2300-6425016/ imho it does not look like it should be AO.05/28/2015 - 5:57pm
Andrew EisenHey, remember Kung Fury? That short film that was funded via Kickstarter a few years ago? You can watch it now. I suggest you do. It's fun! https://www.youtube.com/watch?v=bS5P_LAqiVg05/28/2015 - 5:14pm
Goth_SkunkOriginally, yes. Some content was cut out in order to reduce its ratign from AO down to M, but PC users could work around that an unlock the full content by means of a patch. Which is what I did. :D05/28/2015 - 3:56pm
Andrew EisenKarp - Yes, for strong sexual content. Although the recent remaster contains all that content and was rated M.05/28/2015 - 3:54pm
Andrew EisenDepends on if you consider Hatred misrated. I haven't played the game or seen the ESRB's rating summary so I'm undecided.05/28/2015 - 3:53pm
WonderkarpDidnt Fahrenheit have an AO?05/28/2015 - 3:52pm
Matthew Wilson@AE that is why I said it seems more moral panic to me.05/28/2015 - 3:51pm
Andrew EisenMatthew - From what I've seen (just the trailers) the game is nowhere near as gory as many, many other games. But again, I'm guessing the AO rating comes from theme and tone rather than outright gore.05/28/2015 - 3:50pm
Andrew EisenKarp - It didn't show penetration or nudity.05/28/2015 - 3:50pm
WonderkarpI'd say Mortal Kombat X has more Gore and Violence than Hatred.05/28/2015 - 3:50pm
Matthew Wilsonwhat I mean by worse in this case its not more gory/violent than others.05/28/2015 - 3:48pm
WonderkarpI forget....did Hot Coffee actually show Penetration?05/28/2015 - 3:48pm
Andrew EisenKarp - The Skyrim mods are external mods. The Hot Coffee mod unlocked content on the disc. Big difference. Still, the content that was unlocked was still perfectly in line with an M rating in my opinion.05/28/2015 - 3:47pm
Andrew EisenThemes are factored into ratings, not just mechanics. Still waiting for ESRB's rating summary. Very curious to see what it has to say.05/28/2015 - 3:46pm
Matthew WilsonHatred is a top down shooter though, and isnt any worse than other top down shooters?05/28/2015 - 3:45pm
Wonderkarpyeah, San Andreases rerating was ridiculous. Why not rerate Skyrim with all its crazy sex mods out there? But yeah, ESRB is good as policing itself. 05/28/2015 - 3:45pm
Andrew EisenManhunt 2 and Hatred though? Eh, there's an argument to be made for the higher rating.05/28/2015 - 3:43pm
 

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