Filed under: Analysis / Opinion, iPod Family
TVMyiPod Service Legal?
TVMyiPod is a small company which will pre-load an iPod 5G with video and ship the original DVDs to you as well. In a Reuters article today, a reporter questions the legality of copying a DVD onto your iPod.
Seeing as someone who has sway on the DMCA may read TUAW, I'd like to say two words on this subject: FAIR USE.
Frankly I'm sure that paying for the DVD and the iPod warrants the right to view the DVD on the iPod. I really don't see this sort of service stepping into any Gray Zone whatsoever. You own the DVD. You own the iPod. In my book it's all good in the hood.
![TUAW [Cafepress]](http://www.blogsmithmedia.com/www.tuaw.com/media/tuaw-cafepress-promo.png)
Reader Comments (Page 1 of 2)
Samuel McConnell said 2:07PM on 1-20-2006
Unfortunately, your book is not the law book. Like it or not (most likely not) the DMCA is law, and decrypting the VOBs, bypassing CSS, is illegal.
This doesn't mean that I don't do it (I watched the second half of Hitchhiker's Guide to the Galaxy, which I own on DVD, on my iPod over lunch) but just that it's illegal.
Reply
Mike Hanley said 2:23PM on 1-20-2006
I agree that this definitely *should* be perfectly legal, and normally it would be under fair use provisions. The problem is DVD encryption and the asinine DMCA, which makes it illegal to circumvent any encryption for any reasons, even when doing something that is otherwise legal. The address listed on the web site is in Massachusetts, so U.S. laws apply.
I would suggest people rise up and petition congress to revise or repeal this dumb law, but since the MPAA lines their pockets much more effectively than mere constituents, I don't see it happening.
Reply
nosidam said 2:25PM on 1-20-2006
It's fair use all right. Only problem is that you have to bypass any copy protection that the DVD may have, and the DMCA says that that is illegal.
Anyone familiar with a book called "Catch-22"?
Reply
LD said 2:26PM on 1-20-2006
Yes, you are officially the worst TUAW contributor.
You don't understand the DMCA and the courts' rulings in the least, do you?
Reply
djSyndrome said 2:56PM on 1-20-2006
"Yes, you are officially the worst TUAW contributor."
And yet he's getting *paid* to espouse this garbage :
Reply
mjb said 3:09PM on 1-20-2006
"An unjust law is no law at all" -- St. Augustine
"There are just laws and there are unjust laws. I would agree with St. Augustine that an unjust law is no law at all... One who breaks an unjust law must do it openly, lovingly...I submit that an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law." -- Martin Luther King, Jr.
"To live outside the law, you must be honest." -- Dylan, "Absolutely Sweet Marie"
Reply
C.K. Sample, III said 3:14PM on 1-20-2006
Aw, LD,
Have I fallen in your estimation? I thought *I* was your worst TUAW blogger ever.
Stop hating.
Reply
LD said 3:33PM on 1-20-2006
I don't think I ever said you were the worst. Maybe I did. If so, yes, the title has changed hands.
Between this post and the one claiming Apple was collecting iTunes data, with absolutely no proof for the claim, Fabienne is definitely the worst.
I am still waiting for Fabienne to prove his wild claims about Apple collecting iTunes data. It was a pretty strong accusation and he offered not even a hint of proof. I wasn't the only one asking for proof. Where is it TUAW?
You can't keep making outrageous statements like that post and this post and maintain any sort of credibility.
Reply
Scott McNulty said 3:37PM on 1-20-2006
I thought I was LD's least favorite TUAW blogger... ah well, first amongst equals and what not.
Reply
Dan said 3:55PM on 1-20-2006
Wow LD,
You do know that there are PEOPLE on the other end of this thing, right? Not robots, not computer programs, not Slashdot trollers, but human beings with moms and dads and kids and goldfish. People with feelings who deserve just a HINT, a modicum, a dash of consideration from you by virute of their existence as human beings.
Would you post such vitriol under your real name? Would you say such nasty things to someone face-to-face. I doubt it very much.
Reply
Mark Ross said 4:01PM on 1-20-2006
No malice intended, but isn't "Fabienne" a female's name? And isn't he, hence, a she?
Reply
LD said 4:02PM on 1-20-2006
I would say it to their face. I have no problem with that. That way we could engage in a discussion instead of seeing thoughtless, baseless claims being thrown about. I have had problems with many of the TUAW bloggers. There is a pattern of just, well, stupid posting at times. Some are worse than others. It seems some might even be fighting for the award of worst. I read this site not because it's always good, but because unfortunately there isn't a better alternative.
I would still like TUAW to defend their accusation that Apple collected personal information on iTunes previous to the mini-store, or even with the mini-store. I'd also like Fabienne to read up on the DMCA.
Reply
Scott McNulty said 4:16PM on 1-20-2006
Mark, Fabienne is a woman so he is most definitely a she (I've had the pleasure of meeting her face to face).
So, LD, I'm curious (though I know I shouldn't be asking this, and I will probably regret it): are there any TUAW contributors you actually like (and when I say that, I mean their posts since I assume you don't know any of us personally. We're a great group of people)?
And we can't be all that bad if you continue to read us, and actively comment, right? Why would you waste your time otherwise handing out awards for worst TUAW blogger?
Reply
barb dybwad said 4:22PM on 1-20-2006
LD, please stop overwhelming us with your positive energy. Don't make us come and tickle you.
Reply
Mac Diva said 4:53PM on 1-20-2006
I am not at all sure this is illegal. Circumventing encryption for the purpose of playing a DVD, or copying a DVD for distribution, is illegal. But, the purpose here is different. Arguably, it is what has come to be called 'space shifting' of media one owns.
I don't doubt for a moment that LD says hateful things to people's faces. Not only is he vitriolic, he believes God is on his side. A dangerous combination.
Reply
Blake said 4:54PM on 1-20-2006
LD,
Saying things like that only makes you look like an ass. Granted, sometimes some of the posts are't well thought out. But who cares. That's why it's a blog. And that's why it's unofficial.
Reply
Dan said 4:56PM on 1-20-2006
I guess I'll take your word for it, but I doubt you have very many friends if your modus operandi is "You are the worst X ever. Now let's discuss!"
I suspect that you, like most people, are more tactful in real life because you have to look people in the eye and live with their reactions.
And LD, really. If you hate TUAW so much, you should really go somewhere else for your Mac news. Really, there are LOTS and lots and lots of alternatives. Like, a thousand, at least. Or a million.
Reply
LD said 5:30PM on 1-20-2006
MacDiva, I'm not religious in the least. Once again you have proven you can't read simple facts. You also prove how little you know of the law even though you claim to have gone to law school. It is illegal, plain and simple, for a company to circumvent CSS for commercial purposes. There are no ifs ands or buts.
Dan, I gave Fabienne a chance to defend the claims about the privacy of iTunes she made without insulting first. She chose to do a hit and run post, throwing out a very serious allegation then ignoring it entirely. One message boards we call those trolls.
Scott, I already explained why I read TUAW. It's in one of my posts above, you are welcome to read it.
Reply
pt said 5:38PM on 1-20-2006
the law isn't so binary (usually). a jury would need to decide that you, or this org was violating the law. i don't think you'll see a case about an end user like any of us putting our dvds that we own on our ipods that we own, you might see a case against a copy charging for that service...just my opinion. sony went to court and was able to make the vcr (it recorded tv) - i hope sony returns to their herirtage and considers making a dvd recorder too. i did a talk about how-to get your dvds on your ipod video at macworld and this came up a lot. this is all new for a lot of customers and companies, a lot of this is still being figured out and re-worked.
Reply
Rob Knight said 5:44PM on 1-20-2006
LD, There is an episode of Rocketboom that reminds me of you:
http://tinyurl.com/7qb7o (November
As to this post, at a time when we have to ask permission just to watch our purchased DVDs at someone else's house, its maddening to see a reporter at Reuters bring up this topic without doing any research into "Fair Use," which was decided by the Supreme Court in the 1980's.
I'm sure a quick Google search would turn it up. The iPod version could technically be considered a backup copy for personal use.
Reply