10.09.2008 — Here's where we stand today on the legality of DVD ripping: We're not quite sure if it's legal. (Please check back regularly for updates.)

First, a caveat: While so-called "legitimate" manufacturers of DVD-copying products cringe at the term "ripping," that is the jargon for any type of copying, and so we use it interchangeably with the more savory terms: copying, archiving, importing, backing up, and the like.

The "good guys" say that "ripping" is the illegal way of copying DVDs (damn the decryption schemes!) and that "archiving" is the legal way of copying (decryption provisions remain intact). Wikipedia makes no distinction, so we'll use the terms interchangeably unless someone can point to a higher lexicographical authority.

Those who make products that copy DVDs to a hard drive are prone to lawsuits on two fronts:

• DVD Copy Control Association (DVD CCA)
  This organization licenses the Content Scramble System (CSS) for decrypting DVDs. To make legal DVD players that play copyright-protected DVDs, manufacturers must license CSS from the DVD CCA.
  
  The DVD CCA has claimed (in the case of Kaleidescape) that it is a violation of its licensing agreement to make products that enable the copying of encrypted DVDs -- even if the copies are made bit-for-bit, i.e., if the decryption "wrapper" remains intact.
  
  Kaleidescape won round one of the DVD CCA's lawsuit. The courts ruled that a part of the DVD CCA's rules that may have prohibited DVD copying, was not part of the official licensing agreement that Kaleidescape signed. The case is under appeal.


• Digital Millennium Copyright Act (DMCA)
  In its "circumvention" provisions, the DMCA prohibits the manufacturing or trafficking of products designed to circumvent measures that protect copyrighted titles.
  
  Most fair-use-loving authorities will concede that DVD rippers that chuck the CSS schemes don't pass muster with the DMCA.
  
  But is it circumvention if the manufacturer makes bit-for-bit copies of copyrighted DVDs? The big studios think it is. Under the auspices of the Motional Picture Association of America (MPAA), they have sued RealNetworks for its RealDVD ripping software, claiming violations under the DMCA.

Below is a compilation of articles from CE Pro, insights from the Electronic Frontier Foundation, and court documents pertaining to DVD ripping and related DRM (digital rights management) issues. The listing will be updated continuously, so please check back.

If you have or know of other useful articles, documents or resources, please email them to . Thank you in advance for your assistance.

Disclaimer: While we strive for accuracy, none of the articles and commentaries here or in other CE Pro stories should be construed as legal advice. Please consult with professionals for proper legal counsel.

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10/8/2008
Court Extends Ban on RealNetworks’ RealDVD Software
Follow-up hearing will not be scheduled until after November 17, Judge Marilyn Patel says.

10/6/2008
Court Temporarily Bans RealNetworks From Selling RealDVD (CE Pro article)
The temporary ban lasts until Tuesday to give the court a chance to figure out the filings of a lawsuit. The court will then decide to either lift the temporary ban or extend it.

10/2/2008
Why MPAA Should Lose Against RealDVD (EFF)

9/30/2008
RealNetworks Preemptively Sues DVD CCA, Studios to Allow RealDVD (CE Pro article)
Fearing lawsuits from DVD CCA and Hollywood studios, RealNetworks asks courts to OK RealDVD copying software; MPAA sues back, asks for restraining order.

9/30/2008
MPAA Studios Files Suit against RealNetworks re: RealDVD (PR/statement)

9/30/2008
RealNetworks Files Suit Against Hollywood Studios re: RealDVD (PR/statement)

9/11/2008
Can You Be Sued for Helping Clients Rip DVDs? (CE Pro article)
EFF attorney Fred von Lohmann explains some of the legal issues involved in selling and installing products that enable users to copy DVDs.

9/11/2008
Is Your DVD Server Legal? Manufacturers Say Yes! (CE Pro article)
Developers of movie-ripping products insist their products are legal. Here's how the manufacturers justify their solutions.

9/10/2008
Is DVD 'Ripping' the Same as 'Archiving?' (CE Pro article)
Is the term "ripping" generally understood as the "illegal" form of copying a disk? Likewise, is "archiving" known as the bit-for-bit "legal" way of doing it?

9/9/2008
Latest on DVD Ripping: RealNetworks, Control4, Crestron, Kaleidescape (CE Pro article)
RealNetworks may be the first big-name brand to offer DVD ripping software, as Kaleidescape case is appealed; Escient, Crestron, Control4, Request take different approaches.

12/27/2007
DVD CCA Appeals Kaleidescape Decision on DVD Ripping (CE Pro article)
Organization claims, "The trial court erred in its interpretation of the CSS licensing agreement."

12/19/2007
Escient Says Vision DVD Server Complies with DVD CCA and DMCA (CE Pro article)
Ripped DVDs maintain copy protection; cannot leave the Escient network.

11/1/2007
Kaleidescape's Notice to the Content Protection Advisory Council of the DVD Copy Control Association (PR/statement pdf)

6/21/2007
DVD CCA Aims to Prohibit DVD Ripping Once and For All (CE Pro article)
Kaleidescape, manufacturer of high-end movie servers, beat the DVD CCA the first go-around. Now the organization, which licenses the DVD scrambling system, is fighting back. So is Kaleidescape, with cries of antitrust.

3/29/2007
Kaleidescape Prevails in DVD Ripping Case(CE Pro article)
Manufacturer can continue to make video servers, but Judge did not rule on copyright issues in general.

3/29/2007
Court's Judgment in DVD CCA vs. Kaleidescape (Legal judgment, pdf)

3/21/2007
Kaleidescape CEO: Trial Does Have Fair-Use Implications (CE Pro article)
DVD CCA says lawsuit is about breach of contract; server-maker says digital rights at stake.

3/15/2007
Kaleidescape Faces DVD CCA in Court Monday; Fair Use at Stake (CE Pro article)
DVD CCA wants closed trial; "delusional" that CSS encryption scheme is still trade secret.

3/3/2007
Fair Use Act Would Allow In-Home Content Sharing, not DVD Ripping (CE Pro article)
Fair Use Act of 2007 proposes some exemptions to DMCA, but not the one we want.

8/1/2005
Supreme Court Rules Against Grokster: What it Means to CE Industry (CE Pro article)

1/1/2005
Industry Insider: DVD CCA Is an Innovation-Stifling Cartel (CE Pro opinion)

1/1/2005
Copy Protection Group Sues Kaleidescape (CE Pro article)
Kaleidescape has a license from the DVD CCA to employ CSS decoding in its media servers, which it does. Now, DVD CCA is suing Kaleidescape for breach of contract.