[free-sklyarov] Russian Programmer Stands by Boss in DMCA Case

[Izel Sulam]

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You wrote:

Does anyone know if it is technically possible to create ripper software
that works-around the defective tracks on a protected CD?  Do we think
such software will run into troubles with the DMCA?  Will Elcomsoft
write such software? ;-)

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I have seen (but have not independently verified) reports that two already existing Windows software 
packages can be used in combination to successfully rip mp3's from copy-controlled CDs.

These two packages are CloneCD and Daemon Tools.

CloneCD is a program that produces a bit-per-bit copy of a CD for storage on hard disks or other 
backup media for storage and archival purposes. It is in this respect similar to Roxio, Nero, and other 
programs, but differentiates itself on its ability to make identical copies of CDs where other similar 
programs fail. To the best of my knowledge, this program does not attack any specific copy-control 
mechanism, but simply makes a bit-per-bit copy.

Daemon Tools is a program that mounts CD images that are stored on hard disks or other backup 
media. A virtual CD drive is created, and the mounted CD image is accessed through this virtual CD 
drive. To the best of my knowledge, Daemon Tools does not attack Cactus Data Shield or any of the 
other copy-control mechanisms used by music cartels. Daemon Tools can mount a variety of CD 
image formats, including the common iso format and CloneCD's ccd format.

As you can already guess, the process involves making a bit-per-bit copy of the copy-controlled CD 
using CloneCD, then mounting that image using Daemon Tools, and ripping mp3's from the virtual CD 
drive.

Neither program attacks the copy-control in question directly, so neither program is in violation of the 
DMCA. It is only through the use of the combination of these two programs that one can make a fair-use 
copy of a CD one has legally purchased. Also, to the best of my knowledge, the programmers of neither 
program live in the US, have visited the US at any time, or plan to visit the US anytime soon. So the 
DMCA does not apply to them in any case.

I would be interested in hearing whether this unconfirmed method in fact works.

- izel