The difference between Replay Music and DVD Decrypter
From Replay Music's website:
Digital Millennium Copyright Act of 1998 (DMCA)
Section 1008. Prohibition on certain infringement actions
No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
Section 1201. Circumvention of copyright protection systems
(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that —
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
(3) As used in this subsection —
(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
(B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
So as long as you are not circumventing copyright protection and are not publically distributing (file copying?) a work, then you are legal?This means that services like Replay Music are legal and programs that crack CSS like DVD Decrypter are not?
Either way, using Replay Music does violate Rhapsody's and Yahoo's Terms of Service. But does it make it illegal? Can the RIAA sue you and win?
So what about AnyDVD from Slysoft? It hides the CSS from your PC, but somehow doesn't circumvent it?
--Stephen M. James
www.smjdesign.com