# Legal to "rip" CDs but not DVDs - why?

**URL:** <https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220>\
**Category:** In My Humble Opinion\
**Created:** [December 1, 2008, 6:54pm UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220 "2008-12-01T18:54:51Z")\
**Posts on this page:** 10\
**Page:** 2

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**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\
**Post date:** [December 2, 2008, 11:24am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/21 "2008-12-02T11:24:01Z")

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myskepticsight the only reason the courts have upheld that it’s illegal ripping a DVD is the encryption. Are you saying we need to explain why, they added encryption so you couldn’t copy it? The answer to that is the DVD player can handle the encryption and the seller does want you to make a copy. A cd player does not handle an encrypted cd so they can’t encrypt the cd or they would be sure to do that.

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**Author:** ![Mama\_Zappa](https://avatars.discourse-cdn.com/v4/letter/m/71e660/32.png) [@Mama\_Zappa](https://boards.straightdope.com/u/Mama_Zappa)\
**Post date:** [December 2, 2008, 10:19pm UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/22 "2008-12-02T22:19:38Z")

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> [@Gfactor](#):
>
> Legal answer: [Is recording songs playing on the radio legal? - Factual Questions - Straight Dope Message Board](http://boards.straightdope.com/sdmb/showthread.php?t=436992) see post 7 and follow-up.

Interesting - post 7 there sure seems to state pretty clearly that it is NOT illegal for the sort of home use required for MP3 players/iPods. The discussion of recording TV programs in that thread seems to be slightly different than the topic of “ripping” the DVD for iTunes use.

Summarizing the discussion in _this_ thread, it sounds like the opinions are:

1. it’s explicitly illegal to decrypt encrypted material for the purposes of violating copyright protection
2. DVDs are encrypted, specifically to prevent copying
3. if they weren’t encrypted, it might be legal?

Harmonious Discord writes "the only reason the courts have upheld that it’s illegal ripping a DVD " - have there actually been court cases specifically targeting this use?

I’d maintain that ripping (again, for personal use, not for sharing / duplicating) wouldn’t be intended to violate the copyright restrictions - though the folks who want to sell me both the DVD _and_ the iTunes download mightn’t agree with me - and I gather they might (in theory) decide to Make An Example of someone if they were to find out about it. Of course there’d be the possibility of them getting laughed out of court.

It’s all an annoyance. Kids want video of some fun movie. We want to watch it as a family on the “big” TV in the family room. BUT, kids now have video-capable iPods. So the industry wants us to shell out twice as much money to have that ability. Mmmmm, not so much. We’ll do without one format or the other.

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**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\
**Post date:** [December 3, 2008, 5:03am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/23 "2008-12-03T05:03:44Z")

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I do recall they did try putting measures on some new CDs that made it impossible to rip a CD. What they found was, as soon as they put the anti-ripping measure someone figured out a way around it, and the new type of CDs were failiing to play in too many CD players, so it made consumers very mad and by this time MP3s took off so the music industry never followed it up

I can rip DVD on my Vista computer. I only had one I couldn’t and I just downloaded some free software and that got it working.

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**Author:** ![Omniscient](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omniscient/32/3290_2.png) [@Omniscient](https://boards.straightdope.com/u/Omniscient)\
**Post date:** [December 3, 2008, 5:28am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/24 "2008-12-03T05:28:03Z")

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> [@Markxxx](#):
>
> I can rip DVD on my Vista computer. I only had one I couldn’t and I just downloaded some free software and that got it working.

Um, using what software?

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**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\
**Post date:** [December 3, 2008, 5:36am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/25 "2008-12-03T05:36:13Z")

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Another reason CDs aren’t encrypted is they thought no home user would be able to afford the duplication equipment to make a disc copy or the hard capacity to store many songs. Also, the decrypting hardware/software would have added to the cost and complexity of the playback units.

Commercial CDs aren’t data compressed, either. When DVDs came along, the designers saw that the added raw data capacity would be even greater with a modest compression scheme built-in, so they did. You learn as the market matures.

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [December 3, 2008, 5:40am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/26 "2008-12-03T05:40:47Z")

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WAG, the recording industry feels they are getting screwed with CD music ripping so if you get caught, their contention is you are doing it for commercial purposes. The RIAA plays bullyboy games, knowing the average person can’t afford a lawyer so they pay the $3-5,000 “penalty.” The music industry extracts its blood nevertheless.

OTOH, the video industry saw the failures of the music industry and got Congress to pass the DMCA. The video industry doesn’t go after you for copyright violation of their product. Instead, they use the DCMA to go after you for illegally unencrypting their product.

In both cases, the average person doesn’t have the monetary and/or legal clout to take them on and settle the issue once and for all. So the average person loses time and time again.

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**Author:** ![Nunavut\_Boy](https://avatars.discourse-cdn.com/v4/letter/n/e95f7d/32.png) [@Nunavut\_Boy](https://boards.straightdope.com/u/Nunavut_Boy)\
**Post date:** [December 3, 2008, 5:41am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/27 "2008-12-03T05:41:40Z")

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[link broken by Moderator]

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**Author:** ![Aestivalis](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@Aestivalis](https://boards.straightdope.com/u/Aestivalis)\
**Post date:** [December 3, 2008, 6:00am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/28 "2008-12-03T06:00:09Z")

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DVD Decrypter doesn’t necessarily decode everything. But [link broken by Moderator] does.

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**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\
**Post date:** [December 3, 2008, 11:51am UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/29 "2008-12-03T11:51:53Z")

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Use Google and you will find case after case where the DVD decryption software has been ruled illegal. The software ends up removed from the market after a long process.

I can’t find it, but I read one judges ruling a while back. He asked how will somebody be able to have free access to the content when the movie becomes public domain in the future, because it’s illegal to decrypt the content? He was making a point and the question will be another persons problem in the future.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [December 3, 2008, 12:30pm UTC](https://boards.straightdope.com/t/legal-to-rip-cds-but-not-dvds-why/475220/30 "2008-12-03T12:30:17Z")

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> [@Omniscient](#):
>
> Um, using what software?

Not entirely sure such software is legal at this time, so let’s not, o.k.?

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