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French high court squashes fair use right

2 March 2006 7:33 by James "Dela" Delahunty | 43 comments

French high court squashes fair use right In a very anti-consumer decision, France's highest court ruled that consumers do not have a right to make backup copies of their DVD discs, even if they don't make them with intent to distribute them. The decision over-ruled an earlier decision by a lower court that banned the use of DRM mechanisms on some DVDs because they limited consumers' fair use rights. The decision was made by the Cour de Cassation in Paris. It all started when a consumer could not make a backup copy of David Lynch's Mulholland Drive.

The UFC Que Choisir consumer association argued that Vivendi's Studio Canal film-production unit had no right to include mechanisms on the disc that could stop consumers from making a backup to protect their investment. "This means that if one pays 20 euros for a DVD, one is just buying the right to use that one DVD," Ahmed Baladi, a Paris-based lawyer at Allen & Overy, said in an interview today. "This ruling will have an influence on neighboring sets of laws, including those regulating the music industry."

The right to make personal copies can be restricted by copyright holders when duplication "could cause an unjustified damage to the legitimate interests of authors," today's judgment said.

Source:
Bloomberg


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    Discuss this article!  There are more user comments available, read them here
    hot_ice (Senior Member) 3 March 2006 11:11 Send private message to this user   
    Lets face it, Valenti is on the payroll, you can't expect him to say, oh! it prevents people of fair use rights...

    Anything he says is subjective, so mother truck him.
    ZippyDSM (AfterDawn Addict) 3 March 2006 11:15 Send private message to this user   
    S2K
    I am not saying ALL are bad merely the ones that go overboard on protecting the data you bought amkeing it where you have to buy said data again.
    I would think the 5BG data would be DVD format only you would not have many options to burn it or put it on other thigns altho I think downlaod it only burn to DVD then rip it to place onto whatever your media of choice is (mini video palyer,PSP,Laptop,ect,ect) but then you can do this to DRM'd CDs no? so I guess its not to bad I would rather have a fiel format I could put onto DVD or soemthign smaller where I could fit 2 moives onto 1 DVD.
    ZippyDSM (AfterDawn Addict) 3 March 2006 11:17 Send private message to this user   
    DRM'd CDs meaning DRM Music
    S2K (Member) 3 March 2006 12:33 Send private message to this user   
    Zippy,

    I am thinking more like rental via broadband set- top boxes.

    In that case for rentals I think ultra strong DRM would be welcomed by a lot of consumers including myself.

    I think $2 for 48 hours would be fair even if it meant I had to watrch it on the tv connected to teh set top box. It is way better all around than Netflix.

    Owned films are different. If I have paid $20 (or $8 if the title is clearence) I have paid everyone inviolved to watch it as much as I want. If I bust a disk with software (and I have been buying software since it was on 5.25's), every vendor I have ever dealt with will send me a new one for shipping costs. Valenti statement that the MPAA position is that I have to pay full retail means the expectation that customers are going to do nothing but laugh at ALL the MPAA's use assertions generally.
    esrever (Member) 3 March 2006 15:23 Send private message to this user   
    So, whooptie frikken doo...its illegal to make backup copies. Who cares? It is also technicly illegal to go 1mph over the speed limit, but people do it anyway. Its not like everyones going to know if youre making copies of a dvd if you keep your mouth shut.

    This message has been edited since posting. Last time this message was edited on 3 March 2006 15:24

    ZippyDSM (AfterDawn Addict) 3 March 2006 15:48 Send private message to this user   
    S2K
    OUCH
    I hate tivo I also compltly loath Anythign that forces you to buy and pay for a reciver for each TV....I would have killed for SAT TV if they made a simple SAT to CABLE channle converter that let me hook it up to all my calbe ready TVs I dotn care about digi quilty hell even the current HD is not ture HD and the ture HD has copy protections up the yingyang...I am rambleing..

    At the most I am willing to download a file and have it verfiy my account or soemthign akin to Napster/Yahoo or even HD streaming feeds woud be better than a cable box hooked up to the net..but it kinda sounds right even tho I dotn like it *L*

    esrever
    So you are saying we cant talk about it anymore?
    Uurrr oppressing mmeee mmaannnn!!!! *smokes a joint and passes out nawing on stale pizza*
    xhardc0re (Senior Member) 3 March 2006 16:30 Send private message to this user   
    Here is what hot_ice said, courtesy of Babelfish:
    Quote:
    It seems to me that the judgement made in France will not assign anybody on an international scale considering the majority of their new laws rediges recently cut have the fundamental freedom of the citizens. However, this law aims has to pile up a surplus of taxes for the government and can be seen like a benefit for the citizens of France.

    Which is my personelle opinion allots on this subject, it is simple, the judge is a "enfouire" which it is probably made pay below the table by these organizations which try to promote their interests in France.
    chesty (Junior Member) 3 March 2006 20:19 Send private message to this user   
    Who Cares?

    I live in the united states where the movie studios are located in california and copying dvds is illegal under the DMCA and i have every decryption tool that is free or for profit that i have ever downloaded off the internet and i do want i want to do any ole' way.........

    While most of you terribly misquided people were wasting your time writing a bunch of useless posts such as these i spent my time downloading free decryption tools like DVD Decrypter and DVD Shrink and dvd fab decyrpter and saved these programs to cds and dvds before they were banned on this website.

    I have stacks and stacks of these programs on cds and dvds.............

    YOU PEOPLE CAN CRY ALL YOU WANT AND I SUGGEST YOU START ARCHIVING EVERY DVD DECRYPTION TOOL THAT IS AVAILIBLE ON THE INTERNET BEFORE THESE PROGRAMS DISAPPEAR COMPLETELY.

    ZippyDSM (AfterDawn Addict) 3 March 2006 20:25 Send private message to this user   
    xhardc0re
    after the shock of it that whats I am begaining to belive,is more a tax on the MPAA sicne they never shut up up about these thigns.

    chesty
    *pats you on your head*
    well arent you specail!
    *LOL*
    Altho tis true most of my posts are useless this a comment thread and guse what WE ARE COMMENTING ON THE NEWS shheessshhhhhh
    garmoon (AfterDawn Addict) 3 March 2006 20:49 Send private message to this user   
    Luckily US laws don't apply to all countries of the world. The software will always be available. And chesty what makes you think we didn't save the shrinks and decrypters to discs originally. What are you doing playing catchup?
    hot_ice (Senior Member) 4 March 2006 10:38 Send private message to this user   
    @xhardcore

    That is probably the worst french translation I have ever seen! LOLLOLLL

    If you went on an online translating tool, its translation to English wasn't even precise in most cases.

    I noticed that you still don't know what enfouirer means lloollol
    bobw2000 (Inactive) 4 March 2006 13:12 Send private message to this user   
    French High Court ... I expecturate in your general direction.....
    ZippyDSM (AfterDawn Addict) 4 March 2006 14:42 Send private message to this user   
    What I want to know dose this law have teeth or did the merely pass it to tax DVDs and hurt the coperations sure the taxing will annoying cousmers but it could be pasted a law with no teeth to just shut up the coperations for a bit.
    leestrada (Junior Member) 5 March 2006 5:59 Send private message to this user   
    I hope that they never get to shut down Slysoft AnyDVD, it's always updated and current from newer protection schemes.
    hot_ice (Senior Member) 5 March 2006 17:08 Send private message to this user   
    Boh, what shuts down restarts, hence the cycle continues.
    zxe (Newbie) 6 March 2006 0:50 Send private message to this user   
    I had to laugh, this is just what the America Courts Said, it's tough if you bought a DVD and it scratched, tough by a new one, but buy then the price woould have gone down. That is not the point, if you own the DVD and it's for personnel use, then if you are prepared to spend time a nd effort, you should make a copy. But, the Money people behind films are losing out, so they have more clout, i am afraid. But, what happend when HD DVD come out, they will be difficult to copy, so then what. Will Toshiba, sell writters and Disc to copy HD, of course they will.....
    hot_ice (Senior Member) 6 March 2006 8:09 Send private message to this user   
    Oh, everything that spawns out of French courts doesn't really make any sense.
    Kosav15 (Newbie) 6 March 2006 8:50 Send private message to this user   
    Unless you distrubute the copies or are just completely obvious and wave your backups around in public, how are they ever going to know if you made a backup for personal use. It's an idiotic law that I can't believe has any teeth at all. It's probably just a stunt to get the MPAA and company off their case. The only way you could get caught is if you sold the backups, and the only ones who do that are fools who deserve to get caught for bringing this on all of us.
    hot_ice (Senior Member) 6 March 2006 12:23 Send private message to this user   
    I think it's fairly obvious at this point, if you are in France, or decide to live in France, that you must boycott their DVD's.
    Finnisher (Junior Member) 7 March 2006 6:17 Send private message to this user   
    Hey, it's not "who cares? you can't get caught anyway" !
    If the law makes normal consumers criminals, then the law sucks and does not serve a proper purpose and should thus get removed. If we keep saying "you can't get caught anyway" and then you DO get caught, it's not so "who cares?" anymore!
    hot_ice (Senior Member) 7 March 2006 11:09 Send private message to this user   
    The law is written by the elite for the elite, it never favors the little people in society.

    Personally, there should be mass protest to remove that crappy law.
    ZippyDSM (AfterDawn Addict) 7 March 2006 11:19 Send private message to this user   
    Hot_ice
    its as simple as that.and to think they would not be elite wihtout money and guess where the money comes from? 0_o

    I have a brain...I think......

    Windows Vister
    I dub thee vister untill thee can prove thyself.

    I aint the brightest bulb around but I can feel my way in the dark...

    I fuzzy braind mew =0_o=
    Kosav15 (Newbie) 9 March 2006 16:27 Send private message to this user   
    I agree that the law should be removed, because the reason it exists is to push the MPAA's point. The their point being that no one should be able to copy, sell, or even watch their movies without paying them for the privilege. But I don't think the law has any actual power. It can't be enforced so it won't be enforced.
    socdrizzt (Newbie) 9 March 2006 18:30 Send private message to this user   
    Its all about perception. 1 court ruling in favor of the MPAA will scare a good number of people from downloading movies and such from the internet.

    Let throw a number out there. 20,000,000 people download movies. They sue 100 people and win. The local news talks about 100 people being fined. Lets say 5% of the 20M stop downloading. That's 400K that will revert to old spending habits.

    My numbers are all made up, but the truth of the matter is, they don't want to catch everyone. They know they can't and never will stop it. But they also know its a numbers game. If they can make enough noise to bring part of their profit margins back.

    I belive the way we use media today is going away. I believe it 10 yrs, going to a video store is going to be a thing of the past. The industry is having a hard time couping with change. Especially since it is effecting their wallets.

    The sad thing is, once laws are on the books, its very tough to have them removed. The actions of the MPAA will hinder the future of content delivery. So there will always be pirates.
    Altair (Newbie) 9 March 2006 19:25 Send private message to this user   
    Digital Rights Management(DRM) is here to stay, unfortunately. The MPAA with its' DeCss encryption placed on DVDs for sale is only a subset of the DRM. Microsoft is working on placing DRM in it's upcoming VISTA operating system. Intel is working on hardware methods of incorporatimg DRM into its CPUs. (Remember the old Intel Pentium III, with its 'enabled' serial number I.D. for every CPU chip? Only with people raising hell did Intel offer a software solution to turning off the I.D.) Hardware implemented DRM will REALLY put a damper on duplicating purchased software, DVDs, & CDs. in the future. Since the U.S., where I'm from, passed the DMCA, other Countries have followed suit. THEREFORE, there will be no outcry from any of these countries when hardware DRM fixes begin showing up on new television sets, motherboards, cpu's, CD and DVD burners, etc.

    Here in the U.S. our Congress tried to implement a system whereby new high-definition digital television transmissions would carry a digital 'fingerprint' which would tell the televisions and digital video recorders NOT to allow the copying of specific broadcast signals if the digital 'fingerprint' basically said no. These 'fingerprints' would accompany ALL televised activity. The proposed legislation did not pass. I have no doubt that with the RIAA and MPAA spending millions of dollars lobbying Congressmen in Washington, DC. and contributing to their future (Congressional politions)re-election campaign drives that we are ALL going to be screwed in the States. This is also being done in many of the EU countries.
    jameslf (Inactive) 10 March 2006 2:16 Send private message to this user   
    "Which is my personelle opinion allots on this subject, it is simple, the judge is a "enfouire" which it is probably made pay below the table by these organizations which try to promote their interests in France."

    I don't know what "enfouire" means, but I think your point is that the judge is probably on the payroll too. I agree.

    It's that way just about everywhere.


    chesty, what's your problem? We're all on the same side here. So don't be screechin and preachin. Go an have another beer.


    So they're always going to be making laws to screw consumers out of our bread. If you want some little, tiny bit of justice, you're forced to break a law once in a while. That's life. It's probably always been like that.

    I've said it before and I'll say it again. The conglomerations & corporations, and the rest of those bastards and their pocket-sized politicians & judges & lawyers can screw themselves. No matter what kind of copyright consumer-cheating protection they come up with, I'll trust that the smart boys & girls out there will come up with a way to beat it.

    If I buy it once, it's mine. If I can't copy, I don't buy.

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