RE: [dvd-discuss] DVD Editing

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

That's a good observation. It IS a slippery slope once one abandons the 
first sale doctrine and begins to put claims and restrictions afterwards. 
While it should be no surprise, given the laws our congresscritters have 
been coming up with lately, but they are totally oblivious that they are 
altering fundamental doctrine. The laws violate fundamantals.




Richard Hartman <hartman@onetouch.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
09/25/2002 08:34 AM
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        Subject:        RE: [dvd-discuss] DVD Editing




> -----Original Message-----
> From: microlenz@earthlink.net [mailto:microlenz@earthlink.net]
> Sent: Tuesday, September 24, 2002 5:41 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] DVD Editing
> 
> 
> On 23 Sep 2002 at 11:21, Richard Hartman wrote:
> 
> From:                          Richard Hartman <hartman@onetouch.com>
> To:                            "'dvd-discuss@eon.law.harvard.edu'" <dvd-
> discuss@eon.law.harvard.edu>
> Subject:                       RE: [dvd-discuss] DVD Editing
> Date sent:                     Mon, 23 Sep 2002 11:21:04 -0700
> Send reply to:                 dvd-discuss@eon.law.harvard.edu
> 
> > It would certainly be harder to edit in material 
> > that is not on the DVD than it would be to create
> > an alternate playlist ignoring material that actaully
> > is there.
> > 
> > The only thing I can think of that might fall into
> > this category is the DVDs that come with "deleted
> > scenes".  As long as those are on the same DVD as
> > the movie itself (instead of on a second, "bonus
> > material" DVD) then you could create a playlist that
> > re-inserted those scenes into the movie.
> > 
> > Beyond that, there isn't much you could do w/o 
> > actually burning NEW DVDs w/ your material-to-be-included
> > and that would clearly be a violation of copyright since 
> > you would have to burn the base movie on it as well.
> > 
> > I _suppose_ you could come up w/ work-arounds such
> > as storing your material on a second disc and creating
> > a special movie player that worked with a playlist that
> > read from two DVD/CD drives ... if that approach was taken I 
> > do not see that they could get you for violating anything
> > since the original DVD would be a) required; and b) unaltered.
> 
> WHich also violates the sanctity of the artist's moral right over the 
> exhibition of his works in some countries...personally I wish 
> people, lawmakers 
> included, would understand the difference between legal and 
> moral. While legal, 
> and it should remain legal, I would not consider it moral 
> since it alters the 
> work beyond anything that the creator envisioned. Yet once in 
> the public domain 
> the work is grist for anyone's mill and should be. The battle 
> against that sort 
> of misuse should be fought by the critics in writing and the 
> public by ignoring 
> it.
> 

I am not so sure that the artist's work _is_ altered.  After
all, there is the original DVD -- paid for (I hope) by the 
viewer -- and it remains unaltered by the process I described.

After First Sale, the viewer has the right to view the material
in whatever way they see fit.

We're on the infamous "slippery slope".  Where would _you_ draw
the line as to the user's rights after first sale?

Can he view the movie :

                 on a licensed dedicated DVD player

                 on a computer, Windows OS, using licensed CSS decoding 
software

                 on a computer, Linux OS, using unlicensed DeCSS software

                 on a computer, with a custom playlist to skip the 
"naughty bits"

                 on a computer, with a custom playlist to re-insert the 
                                 deleted scenes that reside on the same 
disc

                 on a computer with custom software to re-insert the 
deleted 
                                 scenes when they reside on the second 
disc of a set

                 on a computer with custom software to insert new material 

                                 that resides on a second, separately 
produced disc



-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi/sec: not just a good idea, it's the LAW!