Legal suggestion

[cholla]

There is a lot at stake with this ruling against DVDFab. If the U.S. Court system is victorious, there are numerous other companies with similar software. There is at least one very big software maker that is a direct competitor of DVDFab. I am sure that the U.S. Court/movie industry will go after the others if this ruling stands.

To make a legal point . The U.S. Court system is not a party in the injunction.
This action is brought by the plaintiff: AACS LA (Advanced Access Content System Licensing Administrator). This US court (United States District Court Southern District of New York) doesn't go after anyone on their own .

[ゲゲゲの鬼太郎]

I think part of the problem here is now many of the companies have banded together to provide Backup solutions which do not require one to copy, rip or otherwise any Disk they may purchase.

These Solutions I'm speaking of are UltraViolet

But the problem with Ultra Violet is the films are kept in the cloud and anything you download to your system is Proprietary.

But still, the courts would argue that there is no need for backup software (I highly disagree) because of the existing solutions implemented by said companies plus the fact the the availability of backup software encourages the theft of intellectual property.

In other words, they'll do and say anything to get their way in the matter.


But another big problem with the solution these companies are trying to shove down everyone's throats is that here in the United States, telephone companies such as Verizon are refusing to repair and or upgrade copper line systems. Because they have been arguing that the systems are out dated and they are trying to move people away from land lines and DSL, entirely to cell phones and other internet services such as FIOS, Cable and satellite. One of the reasons they are trying to do this is little by little they are trying to move away from unlimited data and replace this with Data caps such as we currently have with cell phones.

So just imagine what would happen to your data caps if the MPAA were to win out and everyone had to rely on their solutions. you'd be paying through the nose to download your movie backups.

This is why Net Neutrality is so important and Verizon has been trying to break that with what they are currently pulling.

[cholla]

@ eisenb11 , I understand that " consumer dvd and BD players, but those are ok because they are licensed to decrypt by AACS. As such, they're not illegally circumventing any measures (they have a license)".
That is the AACS position on this.
My arguement is because they own the encryption software & the keys doesn't give them the legal authority to license breaking the law . Since their software in the firmware has keys that allow "circumvention of encryption measures".
To me this equals decryption but maybe there is a difference.

I also understand that the AACS may have an exemption somewhere in the law.
In US law the individual should always have the greater rights than any organization .

Apparently the US courts allowed the WIPO to become part of the DMCA.
I personally am agains the US incorporating any international laws into US law.
If we need a similar law then our Congress is supposed to create it then vote on it .

[eisenb11]

My arguement is because they own the encryption software & the keys doesn't give them the legal authority to license breaking the law . Since their software in the firmware has keys that allow "circumvention of encryption measures".To me this equals decryption but maybe there is a difference.

Ah, I see where you're getting at. The key is that AACS is not "circumventing" the encryption by decrypting the media because they own the IP and have a legal right to authorize licensing. A licensed body is merely "decrypting" the media, albeit not "illegally".

The key term is "circumvention". Any entity licensed by AACS isn't circumventing, however anyone not licenses, even if they're using valid keys, would be considered as circumventing the protection measures.

So a BD player, which is licensed, is decrypting without circumvention which is ok. DVDFab is decrypting with circumvention which is "bad".

I think the bigger issue is that the DMCA has no Fair Use provisions. If you legally purchased a disc, you should be allowed to circumvent the security measures to make a backup so long as that backup is for your use only and you only maintain the backup for as long as you physically own the disc. That, at least, should be legal... but sadly it is not under current provisions.

DVDFab is great for backing up and duplicating home movies because they're not encrypted, but most people probably want to use the program to back up more than that.

[Jumpin Jack]

Looks Like No More Plastic!

Hell, there is more factual information about this whole mess on the Torrent Freak News site than anywhere else. Go Here or read, below:

http://torrentfreak.com/companies-withdraw-blu-ray-rippers-following-dvdfab-lawsuit-140314/

3/13/2014 U.S. Court Orders Seizure of "DVD Ripping" Software Domains and Funds | TorrentFreak
U.S. COURT ORDERS SEIZURE OF “DVD
RIPPING” SOFTWARE DOMAINS AND FUNDS
BY ERNESTO ON MARCH 10, 2014 C: 287
A New York federal court has granted the seizure of several domain names, bank
funds and social media accounts belonging to DVD ripping software company
DVDFab. Judge Broderick ruled in favor of AACS, the licensing outfit founder by
Warner Bros, Disney, Microsoft, Intel and others.
AACS, the decryption licensing outfit founded by a group of
movie studios and technology partners including Warner Bros,
Disney, Microsoft and Intel, has launched a crackdown on DRM-
circumvention software.
In an effort to limit the availability of so-called DVD ripping
software, AACS has sued the company behind the popular DVD
ripping software DVDFab.
Under U.S. law it’s forbidden to distribute software with the
primary intention of circumventing copyright protection. In its complaint, AACS accuses the
“DVDFab Group” of violating the DMCA’s anti-circumvention clause by selling tools that can
bypass their DVD encryption.
“The DVDFab Group openly touts these illegal circumvention attributes of the DVDFab Software
on the DVDFab Websites, advertising that, among other things, its software products ‘remove all
Blu-ray copy protections,’ and ‘can remove … all known AACS copy protections’,” AACS writes in
its complaint.
To stop the Chinese-based DVDFab from distributing its software in public, AACS moved for a
preliminary injunction. After DVDFab failed to respond in court the request was granted by New
York Federal Judge Vernon Broderick. TF has obtained a copy of the order.
http://torrentfreak.com/u-s-court-or...-funds-140310/ 1/4

[mdgboxx]

DvdFab Lifetime

No, it's not. Cause rightfully so, China does not give a damn about US laws. And this ruling will be overturned cause it's ridiculously broad. Why the HECK should the industry get to say who Mastercard or Paypayl can do business with?

Am I to understand that I should not lose any sleep over this?

I did, however, think it ridiculous that Pay-Pal and other banking institutions would be accomplice to this.

My Bitdefender Total does not block my DvdFab, but it does signal it as "Untrusted" (Orange tag)

[d3photoguy]

Fair Use of 3D impossible. (As is finding this site).

This is totally absurd. I can only display 3D content by splitting the left and right views into 2 files using DVDFab. I have a 2 projector system that runs off a computer. I do not own a 3D TV or 3D Blu-ray player. The BD must be decrypted in order to separate the two views. So by outlawing the ability to decrypt a blu-ray disk, the court and AACS essentially prevents me from using any 3D BD that I have purchased.

It's amazing there is so little on the net about this whole mess. It took me having to track down the IP address of the dvdfab site (which I did when everyone's name server refused to resolve the .COM site) in order to learn that it had been ported to dvdfab.cn. I imagine there must be a lot of customers who are shaking their heads in confusion.

The notice at the top of each forum sure doesn't do anyone any good - if you can read the notice, you already know the site is under a new domain extension. If not, it looks like the company is gone. That was my first reaction. Fengtao really needs to get their email notices out to current customers ASAP.

[signals]

They were sent out several days ago, check your junkmail folder. This really is beyond their control. It has been mentioned in many blogs and techie sites and in the News section at MyCE as well. Sorry you missed it.

[Chetwood]

An interesting thread. Many avenues of legal challenges to the ruling I am sure are being explored.

A little late, don't you think? It was a horrible mistake from DVDFab to ignore the initial court order which is why the judge simply issued a default judgement and gave the AACS everything they asked for. It will be more difficult to get out of this now especially as other companies also caved in and withdraw their rippers.

[GregiBoy]

To be honest, why should DVD Fab even worry about court orders & challenges in the US when they are not based in that jurisdiction?

I'm actually glad to see them shift their domains, etc!!!!

[Chetwood]

Obviously because the US's reach DOES in fact extend beyond their borders. Do you really think Paypal, Mastercard and Co. chose to not do business with "rogue sites" because of moral concerns? No, they did so because of the proper incentives from the US government via ICE puting the screws on, just remember what happened with Megaupload presumably located outside of US jurisdiction or Dajaz1.com.

[walkerx]

When I buy a DVD/BD disk I always rip it so I can watch on different devices. I don't provide copies of these rips to anyone.

But like with many and what has been going on since media was first released I lend the original to my friends/family to watch.

[BERT]

One would think DVD Fab has grown to big now to be stopped by the USA.Their products are being sold just about worldwide to countries who give a hoo or don't take the copy law as serious as the USA does.USA can stop them in their country but should find it difficult to stop them in others.As a matter of fact...they should keep their damn nose out of it. No surprise here as David Letterman said......The whole world hates us.........

[d3photoguy]

They were sent out several days ago, check your junkmail folder. This really is beyond their control. It has been mentioned in many blogs and techie sites and in the News section at MyCE as well. Sorry you missed it.

Signals - thanks for your response. However it was not in any junk folder so apparently I did not receive a copy. Perhaps others have not as well. Also I'd like to suggest that what has happened needs to at least show up in a google search of dvdfab. Don't just rely on niche blogs or tech sites. The issue is much larger than that. Both current as well as especially prospective customers, many of whom do not know about tech sites, need to be able to read about it and also find the new site.

[Axel Slingerland]

I didn't get any email about this either. I came to the forum on the 7th and saw that Dora and Vivian had made some progress with that XP \ SSE2 problem I had with my older computer, and downloaded a beta version of 8.1.2.9. Then the next time I came by the forum was down, and it was still down the next morning. As I usually do whenever this forum is down for any extended length of time, I checked to see if there was any news about it and that was when I saw reports about the court order.

I can't really say I am surprised. Even though we all consider what we do with the software to be fair use and all that, US law doesn't see it that way. And as anyone in this country with half a brain can tell you, this country is clearly run by big business. They always get what they want because they have to money to make it happen. Don't forget what the Internet is or how it came to be either. Big business controls the US government, and the US government made and controls the Internet. So if big business wants dvdfab off the Internet, trust me, it will happen eventually.