Phil Leigh;538213 Wrote: > The DSD data can be legitimately extracted from an SACD BY THE COPYRIGHT > HOLDER(or authorised agent thereof) OF THE DATA FOR ANY PURPOSE.
Actually that is not correct. Sony has rights in the game too. And those rights are separate and independent of those of the holder of the copyright of the material on the SACD. Once an SACD is pressed, its content can ONLY be accessed in an SACD player with a Sony licensed SACD chipset. This chipset acts as an access control contemplated by the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) criminalizes the act of circumventing an access control, WHETHER OR NOT there is actual infringement of copyright itself. http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act The copyright holder of the material on the SACD continues to have access to its master recordings. So it is not that Sony is preventing the copyright holder from retaining access to and use of these masters for any other purpose. If the copyright holder of the material wants to send its masters to a retailer such as HDTracks, it is free to do so. But most labels arent going to do that because they probably dont feel comfortable risking a loss of control of their masters. Once the pressing is done to the physical medium of an SACD, that physical medium, the SACD itself, has limitations on use dictated by Sony. One of the main marketing points made by Sony to the labels for pressing to SACD is to give the labels digital rights management which they dont have with a red book CD. If labels knew it was easy to rip an SACD, that copyright protection marketing feature of an SACD would fly out the window. And Sony would be damaged if that occurs. Sony would lose credibility, it would lose sales of SACD players and it would lose revenue from pressing SACDs. So even though the copyright holder may in a particular case give permission to rip from an SACD, Sony has not given permission. Sony has no way to know in advance if SACD players are being modified or out of spec to be used to copy material with or without permission of the copyright owner. Rather than have to worry whether any particular SACD player is being used for such purposes on a case by case basis, the DMCA, Section 1201, makes a simple, easily understood rule: no circumvention, period. Its a clear bright red line that is much easier to enforce. And the same is true for Playback Designs, the manufacturer of the SACD transport used by Puget Sound Studios. Playback Designs doesnt know at the time of manufacture of their SACD transport who is going to purchase its transport, who is going to use its transport and what is it going to be used for, whether to rip copyrighted material with or without permission of the copyright holder. And because Playback Designs has no way to know this with absolute certainty in advance and has no control over this once its SACD transports leave its factory, Playback Designs is not supposed to make an SACD transport that can circumvent the access controls dictated by Sonys license of the SACD chipset in the SACD transport. -- mortslim ------------------------------------------------------------------------ mortslim's Profile: http://forums.slimdevices.com/member.php?userid=11039 View this thread: http://forums.slimdevices.com/showthread.php?t=74688
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