MPAA Sues Company that Loads Your DVDs onto iPods

In an absolutely fascinating new case, the MPAA is suing Load'N Go, a company that loads people's DVDs onto their video iPods for them. There is a great discussion of this case on the IP Law Blog. To give a quick summary, the MPAA is alleging that the company violates the DMCA because it circumvents the digital lock CSS ( Content Scramble System) that the studios place on their DVDs. Load N Go's contends that it is using a process that does not involve breaking the encryption, and alternately relies on the fair use defense. As the IP Law Blog says, there is some precedent for fair use in the realm of private copying, when it comes to CDs and software.

What I think this case raises are some larger issues that are becoming more and more important as technology develops different ways for people to process the same original content. It used to just be that people went to the movies, and that market was completely protected. Then VHS entered the mix, and a second market was created for movie studios. However, the very machines that could play VHS tapes were capable of copying them and copying original content from TVs. The picture grew exponentially more complicated as soon as digital formats enterred the fray. While studios rejoiced that the DVD market could slide in and replace the VHS market, the new danger was that DVDs could be ripped and placed online. Last, but not least, portable video players such as the iPod have entered the mix to further complicate matters.

The real issue is who should pay for what when, or, stated more eloquently, to what extent should private copying be permissible? What right does someone have to buy something on DVD, then rip it to be saved digitally and viewed on his computer, and then convert the digital file into a format readily viewable on an iPod? And what about the reverse? In my eyes, Hollywood's weapons in this mortal combat are its ability to set price depending upon the format, digital locks (and the protection the DMCA affords them), and the video quality of the content. In the lawsuit, Load'N Go contends that if a person wants to watch a movie they own on DVD on their iPod, they shouldn't be forced to pay for it a second time on iTunes. Definitely a legitimate point, though it is irrelevant if they are breaking locks in a manner prohibited by the DMCA. As I think of it now, the whole issue depends upon the quality of the content. A DVD can be ripped, sent to other people on torrent sites, and put into a format that looks good on an iPod. Hence, Hollywood needs as much protection as possible and so they charge more, put digital locks on, and lobby for Congress to protect their precious content. From the reverse, Hollywood is protected from people putting a movie downloaded on iTunes onto their TV or a DVD because the quality just wouldn't look good, so they don't need to charge that much (not that they really could).

Anyways, very good food for thought.