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February 17, 2009 03:28 AM

Is it illegal to rip content from DVDs of public domain movies?

There are a number of classic movies in the public domain. If I rent or buy one of these movies on DVD, rip the content on my hard drive, and resell or republish it, is that legal?
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February 17, 2009 03:54 AM
Having/packaging/selling a copy of public domain material is not in of itself illegal, however it *is* illegal to break encryption [1] (say on a region-encoded DVD) under the DMCA. As long as you don't break any encryption to obtain the copy, you should be good to go.

On a related note, did you know that www.archive.org has a wide selection of public domain movies available for download? I would suggest checking there first to save yourself a lot of trouble: http://www.archive.org/details/movies
Source(s):
1 http://en.wikisource.org/wiki/United_States_Code/Title_17/Chapter_12/Sectio...

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February 17, 2009 03:54 AM
Well strictly speaking it's illegal to rip any DVD regardless of the content. The reason is that it ripping requires removing the DVD encryption. Breaking the encryption is illegal due to the DMCA(Digital Millennium Copyright Act).

So it's not the copyright of the actual movie your breaking it's the breaking of the encryption that is illegal.
Source(s):
http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act


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February 17, 2009 04:03 AM
Just a side note, I've heard a lot of people describe something as being in the "public domain" just because it's been published on the internet, or passed around a few times. While "ripping" a movie probably won't get you in much, or any trouble, if you do plan on distributing that copy, make sure it really is public domain.

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February 17, 2009 06:41 AM
While there is a law against breaking the encryption, for multiple reasons some lawyers believe that this law is unconstitutional:

a) puts too much burden on free speech

i) code is speech
ii) 1201 is unsupported by the necessary legislative findings for intermediate scrutiny (Turner I)
iii) takes away fair use (fair use is constitutionally mandated to meet the copyright "delicate balance")

b) outside congressional power (Copyright or Commerce)

i) potentially unlimited times
ii) patent-like monopoly without the patent-requisite disclosure
iii) engenders antitrust problems / copyright misuse

c) procedurally unsound

i) void for vagueness
ii) ex post facto effects
iii) impermissible delegation to private entities

If the law is unconstitutional, then odviously it is not illegal to rip your DVDs.
Source(s):
http://cyber.law.harvard.edu/openlaw/DVD/dvd-discuss-faq.html#ss2.4.1


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