Is this Legal?

I use dvdFab and I think it's a wounderful program. But I also use a device called the Archos 605. DvdFab can encode for the Archos, but the sound and video is a little off. So I use the following method.

1. Use the main movie option to extract the video I want.
2. Use AutoGK to encode to avi.

I just want to know if this is legal. I live in the U.S. and want to know if I can do this even though I'm, doing this for monetary gain, not redistributing it period, not even burning it to DVD, but just watching it on my Archos.

US law is a bit convoluted in this area. There are precedents for what is called "fair use". Most people, even many in Congress, believe that you should have the right to make backups, and change formats for media that you have purchased. The problem is one part of the DMCA law passed in the late '90s. It prohibits breaking encryption.

So, theoretically, you have the right to "fair use", you just can't break encryption to actually do this. A classic Catch-22. Or a perfect example of an industry buying laws to suit their interests over that of the population.

No one has been prosecuted for breaking encryption on media they own, or shifting formats. Not in the US. And I don't believe the media companies want this type of thing to go to court and possibly lose. They wouldn't want the precedent.

Now, they have gone after companies that produced software that breaks the CSS protection on dvds. And similar actions have occurred in England and Australia after DMCA type laws were enacted there. Media companies are desperately trying to control the content they produce, and they are losing this battle, even as their money buys more and more restrictive laws.

So, to answer your question, breaking encryption on dvds probably does violate the DMCA. There are fair use exceptions outlined in the DMCA, but individual use isn't one of them. How anyone is supposed to exercise those rights without a decryption program is beyond me.

As an individual who is only doing this for media he owns, and for his own use, you are fairly safe from prosecution. Just don't share it online, or start selling copies from the trunk of you car.

update: Not doing this for monetary gain.

So if I keep downloading and using DVDfab, I won't get prosecuted as long as I don't share/sell the content downloaded right?

Kerry56's view is, IMHO, an excellent post. However, it can hardly be construed as legal advice (and we are not a legal forum). You must do what you think is correct. If in doubt, consult a lawyer who is skilled in these matters.

If in the US, you could start by reading the DMCA - section 1201 is pertinent.

Regards

No one can guarantee that but I agree that it would be highly unlikely...

First, they've gotta catch ya !!!

Nope, downloading is different since you actually don't own the media.

What Kerry56 perfectly described above:

I'm not a lawyer so take my opinions expressed here with a grain or two of salt. I also have a peculiar lack of talent when trying to predict future events...witness my lack of winnings in the lotto.

But I believe going after individuals who shift formats is not in the best interests of the media companies. It would cause a veritable shitstorm of protests, and might lead to action against them. So you are relatively safe in your anonymous use of DVDFab.

If you are interested in fair use rights, take a look at these faq's at Electronic Frontier Foundation: http://w2.eff.org/IP/eff_fair_use_faq.php

Thanks for the help. I don't think that the companies care as long as I don't share my copies. The only thing I'm concerned about is the part where I decrypt he dvds. Since this is the point of DVDfab, what if someone tracks me downloading it and tries to come after me? I figure that as long as I don't share the final product of my efforts, even though encryption breaking is illegal, that no one would care, would they?

...http://fairuse.blackwellsanders.com/

As far as I am aware, downloading a decryption program is not illegal in the US. Nor is possession of such a program. So there is no incentive for them to "watch" for people downloading DVDFab. Therefor, this is a needless worry.

Selling, publishing or hosting a dvd decryption program might be another story altogether.

Okay, I will bite....

"Keep downloading" what?

If you are downloading something that is not free, nor a trial, then you most probably are breaking laws and could get caught.

I don't think the O.P. is talking about downloading DVDfab, but something else...which could be illegal in itself.

I thought that the OP was concerned about the downloading of DVDFab, not media, and Big Brother watching & tracking him down from the DVD Fab download.

I agree that if he is refereeing to downloading media from pirate sites, I have no sympathy if he gets caught and that this forum is inappropriate for such a discussion.

That said, I am sure that that is not the case.

didnt sony recently say if you bought a cd/dvd released by them and ripped it to play/watch on portable devices or whatever...they pretty much considered you a thief

I do not download media from pirate sites. I consider that stealing. This is just concerning ORIGINAL media that I have bought (or got for Christmas) and OWN.

It's just that in order to convert a movie into a desired format (as said by Kerry56), you must break the encryption. That is the part I'm worried about, and whether or not anyone, be they Big Brother or the copyright holders, cares enough to come after me.

I assume that you live in the US, for the purpose of this discussion. Anyway, there are over 300 Million people that live in the US, and at least over 150 million of them are either adults or old enough to know how to use DVD Fab. Now, if Big Brother wanted to go over the IP addresses of people that downloaded programs like DVD Fab, so they can prosecute them, then they'd run into some of them, like me, that would run quickly to a lawyer or some other Legal person to sue their pants off.

Look again at the Fair Use clause of the DMCA (Digital Millenium Copyright Act). As long as you bought the software legally, and don't share the software, and use it only for your own use, they can't do jack squat to you.

By the way, Google or Yahoo "DMCA" and you'll get a whole lot of info on it, a lot of it not too good at all.

Somewhat related to the DMCA, here is a link to a paper on the infamous Sony BMG Rootkit scandal of 2 years ago.

You can download the 76 page article as a PDF file:


http://papers.ssrn.com/sol3/papers.c...#PaperDownload

Well, yes, but this is after all Sony you're talking about. Infecting and rendering their PAYING CUSTOMERS' computers inoperable is OK by them, but for us to buy a CD of one of their artists, and rip it to play on our MP3 player is not. Frankly, Sony is a bad example of....everything. Well, other than selling overpriced products offering no discernable advantage over other brands.

@Hurricane Andrew

Probably the best post on any forum of 2007, IMHO (and of the possibly of the decade).

Regards

Anonymous Use Of Dvdfab, You Know It Sends Out A Packet Of Information When Switching Between Copy And Burn To Xeex Inc. (i Believe This Is The Correct Company- I Am Just Remembering What My Zone Alarm Security Suite Told Me), So I Block This Transmission Using Zone Alarms Features Which Allow One To Decide Weather To Allow Internet Access To A Program. But It Is Not Anonymous.
Sloveheart

can anyone else confirm or shed light on this - I've never seen any such thing ?

I have Zone Alarm Security Suite and I not get any message like that. All it does is go from copy to burn and I get no message from the firewall.

Neither have I and I have a packet sniffer turned on all the time on my domain.

I bet the download wasn't from DVDFab.com or it's another piece of software doing it.

My advise is to get a new A/V, it sounds as if the one you use is telling lies.

you have to set dvdfab to blocked status in program control, so that when it tries to access the internet it can't and you will see the alert.
jeff

the packet is sent out by dvdfab, if one sets the dvdfab program to blocked from internet access, you will see the alert when it tries to send the packet, i have followed up on it and it goes to xeen inc (i beleive) it has been awhile since i tracked it, but if you have zone alarm, try to block the internet access, and i swear you will see the alert!