Thanks for that clarification.
It is great that ISPs and web-server providers have been spared
liability for caching or serving copyright material. It is bad that,
unlike Canada, this law enacts "notice and take-down" (rather than
"notice and notice", ie. we complain, you decide whether to take any
notice). I don't get to argue the case, it's just gone.
My understanding was that a previous amendment had made format shifting
legal for audio. Perhaps I was mistaken. Does this Act extend format
shifting to video?
I'm curious about the "only controls access to a work for non-infringing
purposes" bit. Does this mean that it doesn't qualify as a TPM if I have
to crack it to achieve fair use, like, for instance, viewing, backing
up, format-shifting, or putting something I've bought on my media
server? If that is the case, is it OK for me to publish the crack so
that other people can also make fair use of their purchased music or video?
<rave>I recently bought a DVD, "Vertical Ray of the Sun". Great film.
Really, really good film, but the disc sports the latest toys from
Macrovision, which seem to defeat libdvdcss. Fantastic. I own it. I just
can't watch it, except on my elderly television, through my useless
speakers, when there's a laptop with a really good LCD sitting there.</rave>
PS: Are you able to fix your Reply To: address? I nearly sent this to
you rather than the list.
Michael JasonSmith wrote:
The Copyright (New Technologies) Amendment Act has many good points. For
example, ISPs do not breach copyright by holding a copy of a work,
either in a cache or elsewhere on the system, such as on a Web page that
they run for a user (the ISP was in breach before). The Act also allows
time-shifting, format shifting, and decompiling.
While “Technological Protection Measures” are allowed, it is not as bad
as it could have been. For example, the CSS “encryption” on DVDs is not
a TPM, because it “only controls access to a work for non-infringing
purposes” (Section 226(b)).
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