May 15, 2003

Court Hears DVD Copying Dispute

It seems that the judge was focused on three key issues: fair-use rights and the question of whether a DVD owner has authority to reproduce content without the express permission of the copyright owner. Illston also asked questions about what happens to encrypted DVDs after the copyright has expired. [Wired News]

Judge mulls DVD-copying case
Illston asked Zacharia to explain the conundrum of locking up copyrighted works behind encryption and then making the breaking of that encryption illegal, even after the copyrights on those works expire.

The judge wondered if it would effectively extend copyrights to keep such works out of the public domain. Zacharia said it would not, because the copyright had expired. "But it's encrypted. If it doesn't stop being encrypted, it's still encrypted," Illston said, adding that such protected works still couldn't be legally copied.
[c|net]

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