Ripping is the extraction of digital content from a container, such as a CD, onto a new digital form and location. Originally, the term meant to extract the music from Commodore 64 games. Later, the term was applied to ripping WAV or MP3 files from digital , and after that to the extraction of contents from any storage media, including DVD-Video and Blu-ray discs, as well as the extraction of video game sprites.
Despite the name, neither the media nor the data is damaged after extraction. Ripping is often used to format shifting, and to edit, duplicate or back up media content. A rip is the extracted content, in its destination Content format, along with accompanying files, such as a cue sheet or log file from the ripping software.
To rip the contents out of a container is different from simply file copying the whole container or a file. When creating a copy, nothing looks into the transferred file, nor checks if there is any encryption or not, and raw copy is also not aware of any file format. One can copy a DVD byte by byte via programs like the Linux dd command onto a hard disk, and play the resulting ISO image just as one would play the original DVD.
To rip contents is also different from grabbing an analog signal and re-encoding it, as it was done with early day CD-ROM drives not capable of digital audio extraction (DAE). Sometimes even encoding, i.e. digitizing audio and video originally stored on Analog recording, such as vinyl records, is incorrectly referred to as ripping.
For example, audio CDs contain 16-bit, 44.1 kHz LPCM-encoded audio samples interleaved with secondary data streams and synchronization and error correction info. The ripping software tells the CD drive's firmware to read this data and parse out just the LPCM samples. The software then dumps them into a WAV or AIFF file, or feeds them to another codec to produce, for example, a FLAC or MP3 file. Depending on the capabilities of the ripping software, ripping may be done on a track-by-track basis, or all tracks at once, or over a custom range. The ripping software may also have facilities for detecting and correcting errors during or after the rip, as the process is not always reliable, especially when the CD or the drive containing the CD itself is damaged or defective.
There are also DVD rippers which operate in a similar fashion. Unlike audio CDs, DVDs do contain data formatted in files for use in computers. However, commercial DVDs are often Encryption (for example, using Content Scramble System/ARccOS protection), preventing access to the files without using the ripping software's decryption ability, which may not be legal to distribute or use. DVD files are often larger than is convenient to distribute or copy to CD-R or ordinary (not dual-layer) DVD-R, so DVD ripping software usually offers the ability to re-encode the content, with some quality loss, so it fits in smaller files.
Under the directive, making copies for other people is forbidden, and if done for profit can lead to a jail sentence.
In 2010, the UK government sought input on modernizing copyright exceptions for the digital age, and commissioned the Hargreaves Review of Intellectual Property and Growth. The review asserted that a private copying exception was overdue, citing that users were unaware of what was even legally allowed, and that a copyright law where "millions of citizens are in daily breach of copyright, simply for shifting a piece of music or video from one device to another" was not "fit for the digital age". The review recommended, among other things, that the government consider adopting the EU Copyright Directive's recommendation that member states enact an exception for private, noncommercial copying so long as the rights holders receive "fair compensation." Other EU member states chose to implement the exception paired with a tax on music purchases or widely varying levies on copying equipment and blank media. However, the Review reasoned that no such collections are necessary when implementing a copyright exception for format-shifting:
In August 2011, the government broadly accepted the recommendations of the Hargreaves Review. At the end of 2012, the government published "Modernising Copyright", a document outlining specific changes the government intends to make, including the Hargreaves-recommended exception for private, noncommercial copying.
Following each milestone in the reform process, press reports circulated that ripping non-DRM-protected CDs and DVDs was no longer illegal. However, the actual legislation to implement the changes is not yet in force; the Intellectual Property Office had only begun seeking review of draft legislation in June 2013, and the resulting Statutory Instruments (SIs) were not laid out for Parliamentary approval until March 27, 2014, and were not actually approved until July 14 (Commons) (at item 10). and July 27 (Lords); with an effective date of October 1, 2014. Anticipating approval, the Intellectual Property Office published a guide for consumers to explain the forthcoming changes and to clarify what would remain illegal. The private copying exception may seem to conflict with the existing Copyright Directive prohibition on overriding or removing any DRM or TPM (technical protection measures) that are sometimes used on optical media to protect the content from ripping. However, the "Modernising Copyright" report makes clear that any workarounds to allow access will not involve a relaxation of the prohibition.
On 17 July 2015, the private copying exemption was overturned by the High Court of Justice following a complaint by BASCA, Musicians' Union, and UK Music, making private copying once again illegal. The groups objected to the exclusion of a compensation scheme, presenting evidence contradicting an assertion that an exemption would cause "zero or insignificant harm" to copyright holders and thus did not require compensation.
Existing copyright statutes may apply to specific acts of personal copying, as determined in cases in the civil or criminal court systems, building up a body of case law. Consumer copyright infringement cases in this area, to date, have only focused on issues related to consumer rights and the applicability of the law to the sharing of ripped files, not to the act of ripping per se.
Executives claimed (in the context of Atlantic v. Howell) that ripping must be regarded as copyright infringement. In oral arguments before the Supreme Court in MGM Studios, Inc. v. Grokster, Ltd., MGM attorney Don Verrilli (later appointed United States Solicitor General by the Obama administration), stated: "The record companies, my clients, have said, for some time now, and it's been on their Website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod. There is a very, very significant lawful commercial use for that device, going forward."
Nevertheless, in lawsuits against individuals accused of copyright infringement for making files available via file-sharing networks, RIAA lawyers and PR officials have characterized CD ripping as "illegal" and "stealing".
When asked directly about the issue, RIAA president Cary Sherman asserted that the lawyers misspoke, and that the RIAA has never said whether it was legal or illegal, emphasizing that the RIAA had not yet taken anyone to court over that issue alone.
The AHRA was partially tested in RIAA v. Diamond Multimedia, Inc.,180 F.3d 1072 (9th Cir. 1999). a late-1990s case which broached the subject of a consumer's right to copy and format-shift, but which ultimately only ascertained that one of the first portable MP3 players was not even a "digital recording device" covered by the law, so its maker was not required to pay royalties to the recording industry under other terms of the AHRA.
Statements made by the court in that case, and by both the House and Senate in committee reports about the AHRA, do interpret the legislation as being intended to permit private, noncommercial copying with any digital technology. However, these interpretations may not be binding.
In 2007, the Federal Trade Commission (FTC), a government office which requires business to engage in consumer-friendly trade practices, has acknowledged that consumers normally expect to be able to rip audio CDs. Specifically, in response to the Sony BMG copy protection rootkit scandal, the FTC declared that the marketing and sale of audio CDs which surreptitiously installed digital rights management (DRM) software constituted deceptive and unfair trade practices, in part because the record company "represented, expressly or by implication, that consumers will be able to use the CDs as they are commonly used on a computer: to listen to, transfer to playback devices, and copy the audio files contained on the CD for personal use."
Common ripping software includes DVD Decrypter, DVD Shrink, and AnyDVD (see Comparison of DVD ripper software). AnyDVD is specialized software which can remove or circumvent many types of protections in the background; this is useful to allow media player software to play protected discs directly (without first copying them to a disc image) as well as to allow other software to access or copy protected discs.
The Library of Congress periodically issues rulings to exempt certain classes of works from the DMCA's prohibition on the circumvention of copy protection for non-infringing purposes. One such ruling in 2010 declared, among other things, that the Content Scramble System (CSS) commonly employed on commercial DVDs could be circumvented to enable non-infringing uses of the DVD's content. The Electronic Frontier Foundation (EFF) hailed the ruling as enabling DVD excerpts to be used for the well-established fair-use activities of criticism and commentary, and for the creation of derivative works by video remix artists. However, the text of the ruling says the exemption can only be exercised by professional educators and their students, not the general public.
North America
United States
Canada
Oceania
Australia and New Zealand
Opinions of ripping
Fair use
Personal copying acknowledgments
DVD and Blu-ray ripping
Circumvention of DVD copy protection
Anti DVD-ripping efforts
See also
|
|