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Licensing-VHS

S

Steven

Well-known member
Hi,

Just curious, as I know that this is a never-ending, theoretical until litigated topic...if a Kscape owner has a VHS tape of a movie, would it be 'legal' to have a copy of that movie on a Kscape system? Just curious...

I won't touch the 8-track version of this question :->

Thanks, Steven
 
As you know, there is no method available to directly import VHS into a K system. It would require recoding the VHS movie to DVD, and that, IIRC, requires defeating/eliminating the copy protection mechanism on the VHS (normally Macrovision), and therein lies the problem (if you believe there IS a problem). This arguably violates copyright law.

Importing a DVD to a K system doesn't actually remove the CSS and therefore doesn't violate the license with the CCA. (So far a successful argument.)

Given that VHS is not controlled by the CCA, and given that most recent laws/rulings deal with copying "digital" media, the "fair use" argument might be more successful with VHS, especially because it is rapidly becoming obsolete (and already considered obsolete by many). (Don't take that as legal advice, I have not looked into the VHS question in many, many years.:D)


Jim
 
I believe, based on what the licensing stipulates, that it would be perfectly fine if a Kscape owner has a VHS tape of a movie. It would be 'legal' to have a copy of that movie on a Kscape system. I believe the licensing states that the owner of the system "must physically own the MEDIA". It does not state DVD or CD. It states MEDIA and VHS is a type of media.
 
True, but the question is "how to get the media into the server."

At present, we can only import from a DVD format, and that presents the "transfer from VHS to DVD" copyright issue I mentioned above. Nothing that I'm aware of in K's CCA licensing agreement addresses VHS (and it shouldn't) which is why I opined that standard copyright law might still apply in regards to the VHS content (meaning I "think" such transfers are considered a copyright violation, at least by the content owners.)


Jim
 
Presumably you guys are discussing this as an abstract legal theory. In practice, I doubt anyone gives a hoot whether a few VHS tape transfers are done. I mean, really...
 
ptrubey said:
Presumably you guys are discussing this as an abstract legal theory. In practice, I doubt anyone gives a hoot whether a few VHS tape transfers are done. I mean, really...
Click to expand...


Of course!:D (Just acknowledging that the laws affecting DVD do not apply to VHS, and that creates it's own set of issues.)

Completely agree, I'm sure no one cares about an owner moving his VHS content to DVD.:)

Jim
 
VHS Could Matter

PTRUBEY,

Actually, I have a significant VHS collection. Before people collected DVDs, believe it or not, they owned VHS tapes. While the actualy conversion process of VHS to Kscape may be abstract, I don't feel that the legal repercussions are....

There are a lot of interesting aspects of the licensing to consider, in my opinion. For instance, if I buy a DVD, then my baby scratches it in her Winnie the Pooh digital story book, can I then legally rent it to import it to Kscape, since I've legally bought it?

I can come up with however many scenarios you'd like, but I think that they would all have some merit....

Steven
 
I believe under the DCMA and K scape user agreement your scratched DVD does not entitle you to break the encryption on the rental DVD.

Strictly speaking of course. If you are talking about the general principles of "Fair Use" then I think you have a stronger argument.

Given the effort required to transfer VHS to DVD it is probably advisable to just buy the DVD version- which will have 2x the resolution and without many other image artifacts and perhaps extras and also clearer sound. However there is some content that is unavailable on DVD. If that is the case I say let your conscience be your guide.
 
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