Legal question about DRM Stripping

Not is it legal or not.  No, it isn't.

However, it is illegal to

-Host FairUse4WM on my website
-Host a video on my website showing how to use FairUse4WM
-Host a program on my website that deletes the original DRM'd songs and fixes the un-DRM'd songs' file names.

Also, do any of these three things break the GoDaddy terms of service that you know of?

Thanks!

alwaysmc2 wrote:

Not is it legal or not.  No, it isn't.

However, it is illegal to

-Host FairUse4WM on my website
-Host a video on my website showing how to use FairUse4WM
-Host a program on my website that deletes the original DRM'd songs and fixes the un-DRM'd songs' file names.

Also, do any of these three things break the GoDaddy terms of service that you know of?

Thanks!

IANAL, so I'll give my opinion:  They are all legal, but that doesn't mean you won't get in trouble with GoDaddy for posting them.

alwaysmc2 wrote:

Not is it legal or not.  No, it isn't.

However, it is illegal to

-Host FairUse4WM on my website
-Host a video on my website showing how to use FairUse4WM
-Host a program on my website that deletes the original DRM'd songs and fixes the un-DRM'd songs' file names.

Also, do any of these three things break the GoDaddy terms of service that you know of?

Thanks!

GoDaddy reserve the right to revoke services at any point for any reason.

But they've got a metric buttload of customers, you'll probably get away with it until someone files a DMCA takedown or something.

alwaysmc2 wrote:

Not is it legal or not.  No, it isn't.

However, it is illegal to

-Host FairUse4WM on my website
-Host a video on my website showing how to use FairUse4WM
-Host a program on my website that deletes the original DRM'd songs and fixes the un-DRM'd songs' file names.

Also, do any of these three things break the GoDaddy terms of service that you know of?

Thanks!

No. These things are illegal under the United States DMCA Act.

Specifically, under Digital Millennium Copyright Act (Sec. 1201: Circumvention of copyright protection systems):

`(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--

`(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

`(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or

`(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

FairUse4WM would be considered as such a program. As a result, hosting FairUse4WM would be illegal (in the states, or on a US server).

DMCA aside, is it even legal to provide FairUse4WM for download without the author's permission? What are the license terms?

DCMonkey wrote:

DMCA aside, is it even legal to provide FairUse4WM for download without the author's permission? What are the license terms?

Licensing terms for a DRM stripper.  Oh, the irony!

evildictaitor wrote:



alwaysmc2 wrote: Not is it legal or not.  No, it isn't. However, it is illegal to -Host FairUse4WM on my website -Host a video on my website showing how to use FairUse4WM -Host a program on my website that deletes the original DRM'd songs and fixes the un-DRM'd songs' file names. Also, do any of these three things break the GoDaddy terms of service that you know of? Thanks!

No. These things are illegal under the United States DMCA Act.

Specifically, under Digital Millennium Copyright Act (Sec. 1201: Circumvention of copyright protection systems):

`(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--

`(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;

`(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or

`(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

FairUse4WM would be considered as such a program. As a result, hosting FairUse4WM would be illegal (in the states, or on a US server).

That's good information right there.  But that still doesn't rule out showing people what to do and how to get the right software, right?

alwaysmc2 wrote:

That's good information right there.  But that still doesn't rule out showing people what to do and how to get the right software, right?

Strictly speaking, no. But the MPAA/RIAA had some succcess against BitTorrent tracker sites.

Just find yourself a cheap Russian webhost, problem solved

There are currently 2 ways to remove DRM.

1) Utilize the analog loophole, ie, record the audio while playing it through the analog channel, ie, your sound card's analog out (BTW, I have yet to see a Vista sound card driver that allows this. Longlive XP). This is allowed.

2) The other way is to binarily (yes, I said it) remove the DRM from the file. This is a big no, no.

No you can't create programs to do it. You can't host those programs that do it. You may or may not be able to <A> to it.

Yes! Thanks to the DMCA. This is all very sad to even restrict speech in this manner.To rely on legislations to protect your weak-&ss DRM, to protect your "business model." Bad laws create chilling effects. Instead of making bad laws, why can't they just make better, more solid DRM. (wait, did I just say that?)

Minh wrote:

There are currently 2 ways to remove DRM.

1) Utilize the analog loophole, ie, record the audio while playing it through the analog channel, ie, your sound card's analog out (BTW, I have yet to see a Vista sound card driver that allows this. Longlive XP). This is allowed. ^{[citation needed]}

alwaysmc2 wrote:

-Host FairUse4WM on my website

This is potentially illegal not because of what it is, but last I heard Microsoft claims it is using their stolen code.

alwaysmc2 wrote:

-Host a video on my website showing how to use FairUse4WM
-Host a program on my website that deletes the original DRM'd songs and fixes the un-DRM'd songs' file names.

These I think are legal, but  really the hosting company has all of the power.  I once had an image on my website that was based on multiple public domain images.  Some one claimed it as "original work" and Cox Communications forced me to take it down. 

Rather than fight and lose my site, I removed it.

dahat wrote:



W3bbo wrote:  alwaysmc2 wrote: That's good information right there.  But that still doesn't rule out showing people what to do and how to get the right software, right? Strictly speaking, no. But the MPAA/RIAA had some succcess against BitTorrent tracker sites.

Strickly speaking yes... the courts in the good ole DeCSS case ended up ruling that just linking to something illegal (ie the DeCSS source code that can be used to bypass copyprotection on DVD's) was illegal.

I am still amazed that Microsoft (through Channel 8) has told us how to rip DVDs. http://channel8.msdn.com/Posts/Use-Vista-and-Media-Center-to-make-the-best-digital-DVD-library-EVER/