Oh no Bob this is very, very different and studios will not agree. It would be as if iTunes continued to stream all a studios films years or anytime after its contract expired to new customers. The studios licensed places like iTunes to stream films to individuals for a specific time frame of the contract. The person who buys it may have the copy but iTunes can not sell it to OTHER people years later. With DSL in perpetuity you are licensing an institution to stream a title to students more or less forever with large new groups coming in every year and accessing the title in their dorm, off campus apt, local Starbucks etc. Professors have always been able to use a legal copy VHS, DVD IN the classroom, they can not stream to the students elsewhere without a license.
The second part is confusing because again there was always the right to use it in the classroom they don't need to circumvent anything to do that. The DMCA initially prevented teachers from taking clips from by circumventing the DRM and the LOC overruled this and allows circumvention of PORTIONS of works that would be covered by "fair use" (not face to face) but this was not about streaming. I would add that the studios fought tooth and nail AGAINST such a standard academic use and if they fought against allowing clips to be taken from DVD for academic use, you can be sure they would never agree to license entire films in perpetuity. They will only go for situations were the streaming is allowed for a fixed period and almost surely ones where they or their subsidiaries control the streaming directly. Studios unlike most of the folks here NEVER sold a VHS or DVD with lifetime rights nor in fact to the best of my knowledge did they ever sell a print for lifetime use. It was always for a fixed period of time and the end of which the material was supposed to be returned or the contract renewed ( for additional money). I am not saying this is good, just that it is the reality. On Mon, Mar 4, 2013 at 6:34 PM, Bob Norris <[email protected]> wrote: > > A third party, iTunes, is granting the perpetual right to view the > studio's program if you purchase the download, not rent it. If you buy a > standard def version and you want the HD version you will need to purchase > another download. To take the analogy a bit further, what is the difference > from a professor using a legally purchased DVD with home video rights in a > face-to-face teaching situation and the professor using a digital file > where the DRM has not been circumvented to teach within the classroom? > Unless the Digital Millennium Copyright Act makes some distinction, I would > think the digital version could be used in class until the file becomes > corrupt or obsolete. > > > > > Bob > > Individual rights to download or watch are completely different from the > right to allow a third party to stream it forever. I can not envision a > scenario in which the studios will ever agree to this. I can easily see > them setting up their own or even a shared system to allow non download > viewing for specific periods of time but I can never imagine them doing the > other. Maybe about the same time they agree to sell Regal theaters the > rights to show the Wizard of Oz in perpetuity. > > > > In any event studio titles are rarely the ones we are discussing I just > want to point out that one should not expect to be able to buy CITIZEN KANE > for perpetual streaming. > > > > > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve as > an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. >
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
