The Copyright Wars: We Win Some & We Lose Some

The EFF announced that they won a couple of exemptions from the Digital Millenium Copyright Act (DMCA), including the ability for customers to unlock their cell phones (but it could void your warranty), and for DVD ripping to be legal in some cases:

EFF also won a groundbreaking new protection for video remix artists currently thriving on Internet sites like YouTube. The new rule holds that amateur creators do not violate the DMCA when they use short excerpts from DVDs in order to create new, noncommercial works for purposes of criticism or comment if they believe that circumvention is necessary to fulfill that purpose. Hollywood has historically taken the view that "ripping" DVDs is always a violation of the DMCA, no matter the purpose.

"Noncommercial videos are a powerful art form online, and many use short clips from popular movies. Finally the creative people that make those videos won't have to worry that they are breaking the law in the process, even though their works are clearly fair uses. That benefits everyone — from the artists themselves to those of us who enjoy watching the amazing works they create," added McSherry.

The bad news is that TechDirt reports that decrypting DVDs for playback on Linux or breaking encryption for Netflix streaming on non-supported devices like Linux were rejected:

Subscription based services that offer DRMprotected streaming video where the provider has only made available players for a limited number of platforms, effectively creating an access control that requires a specific operating system version and/or set of hardware to view purchased material; and Motion pictures protected by antiaccess measures, such that access to the motion picture content requires use of a certain platform.

Thanks to LEB for sending this in.

Comments

[Kele]

The exemption for "video remix artists" is the best news I've heard in a long time.

[online bollywood movies]

EFF has also won protection for the revolutionary video remix artists currently thriving on Internet sites like YouTube. The new rule applies to amateur designers do not violate the DMCA in the use of short extracts from DVDs to create new products for non-commercial criticism or comment if they feel that fraud is necessary to answer this purposes. Hollywood has always been of the opinion that "ripping" DVD is still a violation of the DMCA for any purpose.

[dAVe]

I wonder if Any Warhol was ever injuctioned by Campbell's Soup for his creative, obviously for-profit, artistic remix...

[Meg]

So, does this mean we'll get to see more "Downfall" mash-ups?

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[ghd hair]

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