The Good, the Bad, and the Ugly about Copy Protection, Part II

When is using the shift key considered illegal?

Another type of copy protection seeks not to prevent the computer from playing the CD at all, but to limit how the CD can be played in the computer. When the CD is loaded into the computer, software is loaded onto the computer that monitors the activity on the computer and prevents it from ripping MP3 files. One such copy protection scheme was discovered to have an easy way to get around. A PhD student discovered that simply by holding down the shift key as the CD is loaded, the software would be prevented from loading and the CD would play as normal and could be ripped, as well. The student published his findings on his website. Some have suggested that this is illegal as he is "trafficking in copy-protection technology circumvention device." (Borland, 2003)

The aforementioned copy protection system that made it difficult for CD-ROM drives to read them can also be circumvented. By taking a magic marker or a piece of tape and covering up the leading edge of the CD surface, it is no longer a problem for the CD-ROM drive. (Leyden)

Copy protection schemes or "technology" as it is referred to in the Digital Millennium Copyright Act (DMCA), is protected from circumvention for the benefit of protecting the copyright holder. However, according to Title 17 section 1201 subparagraph (b), circumventing copy protection is permissible if the copy protection prevents a user from using the work for noninfringing purposes; or, to state it more simply, if one cannot play their CD, they can circumvent the copy protection technology. However, at the same time, it is illegal to disseminate information on how to circumvent copy protection technology.

Please Mister DJ, play that music!

Enter any chat room or online message boardfrequented by DJs or KJs (karaoke jockeys), and you will come across one of two topics: the legality and morality of burning CDs and CD+Gs (CDs plus graphics) as a way of protecting an investment, and using those burned copies in public performances. Invariably, if 50 people chime in, 50 different opinions will be given.

The problem is, copyright law is not simply a matter of opinion. There are specific rules and regulations that must be followed; choosing to ignore these laws could result in heavy fines, or even imprisonment in extreme cases.

The first issue is that of burning CDs and CD+Gs for investment protection. Many KJs and DJs want to make copies of their music for archive purposes. Most in the business will tell you this is an acceptable practice. It is popularly believed that, as long as one is able to produce the original CDs, and show they are only burned at a 1:1 ratio, this is allowed.

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