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Old 18th May 2003, 00:08   #2  |  Link
Doobie
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Join Date: Oct 2001
Posts: 555
One article I read said that the software does NOT break the encryption, but rather captures the data stream of a DVD player has legally decrypted the DVD. Thus, there's no explicit violation of the DMCA.

When the courts used Fair Use to allow VCRs (in spite of the movie industry that didn't want anyone to buy videos), VCRs violated no law but were merely accused of being a tool that might be used to break the law. Because you can legally use a VCR to time-shift a TV show, VCRs have enough legal use to be legal.

There has never been a law againt using a VCR to time-shift TV shows.

The DMCA is a different issue. For the court to allow Fair Use would mean for the court to reject the explicit law of the DMCA.

There is no legal use of software such as SmartRipper.
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