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-   -   Macrovision stabiliser/remover (https://www.cableforum.uk/board/showthread.php?t=14447)

Chris 07-07-2004 10:18

Re: Macrovision stabiliser/remover
 
Quote:

Originally Posted by altis
I believe it is now illegal to sell such devices in the UK (although many places still do).

I'll try and find a relevant link....

Edit
Indeed....
http://www.macrovision.com/company/n...9%20PST%202003
(read down a bit)

Also found this:

UK retailer dumps devices that skirt DVD protection

Digital rights management and copy protection technology company Macrovision announced February 3 that UK retailer Maplin Electronics has declared that it will fully comply with the European Copyright Directive. The new law, implemented in the UK October 31, 2003, brings into force important new measures prohibiting the sale and advertising of circumvention devices designed to illegally circumvent Macrovision copy protection technologies on DVDs and VHS cassettes that protect the copyrights of content owners and their publishers.

Maplin Electronics, a specialist electronics retailer with 781 stores in the UK, has agreed to destroy its entire stock of video enhancers, which could be used as circumvention devices. Maplin Electronics says it is "fully aware of the recent changes to the copyright law and is keen to comply with this change in the legislation."

As a consequence, Maplin has withdrawn the range of three devices that may be used to circumvent copy protection technologies. David O'Reilly, Commercial Director of Maplin Electronics Ltd, stated: 'We acted promptly on this matter because it its important for us to provide our customers with products that do not contravene the law. We have discontinued these items following the change in the legislation, and out of respect for the law.'

'We appreciate Maplin Electronics Ltd's prompt compliance with the broad scope of the new IP legislation," stated Martin Brooker, European Director of Sales for Macrovision. "As part of an ongoing enforcement programme, Macrovision will be working with retailers to ensure compliance with the law."

here:
http://www.dvd.reviewer.co.uk/forums...&Thread=274016

The devil, as always, is in the detail. Assuming this news report is worded accurately, the European law prohibits sale of equipment designed to circumvent copyright law. However Macrovision eliminators have a range of legitimate uses. I think what is really happening here is that Macrovision is sniffing around for a test case which it can use to get a court to rule on whether Macrovision eliminators are designed to circumvent copy protection - in which case they are illegal - or merely rendering copy protection innefective as an unintended side-effect of their legitimate use, which under the current law would appear not to be illegal. Maplin electronics just doesn't want to be the retailer that gets taken to court, so when politely 'asked' to cease and desist by Macrovision, they have chosen to comply.

altis 07-07-2004 10:30

Re: Macrovision stabiliser/remover
 
The actual Statutory Instrument is here:
http://www.legislation.hmso.gov.uk/s...0032498.htm#24

Quote:

(1) A person commits an offence if he -
(a) manufactures for sale or hire, or
(b) imports otherwise than for his private and domestic use, or
(c) in the course of a business -
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) advertises for sale or hire, or
(iv) possesses, or
(v) distributes, or
(d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner, any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.

(2) A person commits an offence if he provides, promotes, advertises or markets -
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner, a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.
I guess it all depends whether you can argue that the device is designed not just to defeat Macrovision - which is why many are advertised as 'video enhancers'. Advertising something as a 'Macrovision defeater' is clearly illegal.

dilli-theclaw 07-07-2004 10:32

Re: Macrovision stabiliser/remover
 
Quote:

Originally Posted by altis
The actual Statutory Instrument is here:
http://www.legislation.hmso.gov.uk/s...0032498.htm#24


I guess it all depends whether you can argue that the device is designed not just to defeat Macrovision - which is why many are advertised as 'video enhancers'. Advertising something as a 'Macrovision defeater' is clearly illegal.

In any case - I'm glad I already have one.

And - to be honest - I didn't buy it to 'enhance' videos.

Chris 07-07-2004 10:41

Re: Macrovision stabiliser/remover
 
Quote:

Originally Posted by altis
The actual Statutory Instrument is here:
http://www.legislation.hmso.gov.uk/s...0032498.htm#24


I guess it all depends whether you can argue that the device is designed not just to defeat Macrovision - which is why many are advertised as 'video enhancers'. Advertising something as a 'Macrovision defeater' is clearly illegal.


I'd agree with that. And for that reason, I think the law is effectively meaningless so far as Macrovision Inc. is concerned. It would be easy to demonstrate in court that there is a legitimate need for such a device for video enhancement/stabilisation. Once this is proven, the fact that it also disables Macrovision is irrelevant.

However I don't think this will prevent Macrovision doing a bit of sabre-rattling. They would be quite prepared to take people to court and are hoping that the threat of court costs will be enough to get get retailers to back down.

Note by the way in point (b) that private and domestic use is specifically excluded from the law - you can't be prosecuted for buying one of these things from an American website, even if it is sold on that site as a 'Macrovision Eliminator'.

zoombini 07-07-2004 10:57

Re: Macrovision stabiliser/remover
 
Looks an average price for one, I have seen them for more & for less.

I have 2 designers here at work who have home brew ones, one made his 20 years ago (or whenever macrovision first came out) and is about 10" 8 6" with hundreds of transistors, IC's coils etc on & the other designed one thats about 2"x3" with 1 IC on.

I'm waiting for one off the smaller ones to be bought in as with 1 AMD processor on it removes the macrovision & allows me to record Sky movies.
Which is something that I see as being legal.

I have no interest in copying Disney videos (which afaik are the only ones that use it).


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