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Here is my understanding of the issue:
The DMCA does not make the capture of analog DVD signals illegal.  One  
may still record the analog signal from a DVD and use the copied  
segment within the Fair Use limitations.  I contacted our campus  
copyright lawyer and together we went over the language of the DMCA  
summary document at www.copyright.gov/legislation/dmca.pdf found on pp  
3 and 4:
Copyright Office Summary December 1998 Page 3
Section 1201 divides technological measures into two categories:   
measures that
prevent unauthorized access to a copyrighted work and measures that  
prevent
unauthorized copying of a copyrighted work.   Making or selling  
devices or services that
are used to circumvent either category of technological measure is  
prohibited in certain
circumstances, described below.  As to the act of circumvention in  
itself, the provision
prohibits circumventing the first category of technological measures,  
but not the
second.
This distinction was employed to assure that the public will have the  
continued
ability to make fair use of copyrighted works.  Since copying of a  
work may be a fair use
under appropriate circumstances, section 1201 does not prohibit the  
act of circumvent-
ing a technological measure that prevents copying.  By contrast, since  
the fair use
doctrine is not a defense to the act of gaining unauthorized access to  
a work, the act of
circumventing a technological measure in order to gain access is  
prohibited.

If we understand this correctly, the playing of a DVD and capturing  
the analog output does not circumvent any technological measure that  
prevents _access_ to the copyrighted work.  The prohibition is against  
the use of technology that circumvents the encoding, such as the  
popular ripping software programs. Also, we may legally circumvent  
anti-copying technology like Macrovision in order to copy segments of  
video for non-infringing uses such as class presentation.


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Otmar Foelsche, LLTI-Editor ([log in to unmask])
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