Legal FAQ

Overview
Will the RIAA or MPAA sue me for using your products?
What does the copyright law say about recording?
Do any WM Recorder products violate the DMCA?

Overview

As a content publisher, we take copyright laws very seriously. We also believe strongly in Fair Use. The laws are simple: When recording or converting media, please do not redistribute it to other people. This will keep you out of trouble.

Our products fall in the same category as VCR’s, TiVo Digital Video Recorders (DVR’s), Tape Recorders, CD Burners, iPods, and other popular consumer devices. All WM Recorder products record streaming media not protected by DRM (Digital Rights Management), and are fully compliant with all copyright laws, including the Digital Millennium Copyright Act. (Only 1% of all online video and audio is DRM protected.)

Here is what our products are NOT:

  • We do not provide instructions or equipment to illegally access or tamper with software, servers, or web sites.
  • We do not provide products that enable illegal access of cell phones and other communications or content delivery systems/devices.
  • We do not provide software to unlock copyright protection.
  • We do not provide tools for copying CDs or DVD’s not intended for personal use.
  • We do not sell products or services that circumvent digital rights management technologies or technical protection measures for copyrighted works.

 

Will the RIAA or MPAA sue me for using your products?

The RIAA will not come after you as long as you record for
your own personal use
. File sharing services like Kazaa, Morpheus and
the original Napster service put their users at risk, since redistributing
copyrighted content or acquiring copyrighted content that you wouldn’t
otherwise have access to is illegal, unless you are making a "fair use" or other permissible use of the content.

If you decide to share recordings with others, post them on the
Internet, or sell them, do so at your own risk. This is may be
breaking the law, unless you are making a "fair use" or other permissible use of the content.

What does the copyright law say about recording?

If you’re really into the legal aspect of this, there are two
important parts of the copyright law relating to recordings. We’ve
quoted the actual text of the law below, and highlighted the important
parts in red.

First, the basic right of copying is outlined in section 1008:

§ 1008. Prohibition on certain infringement actions
No action may be brought under this title alleging infringement
of copyright based on the manufacture, importation, or distribution
of a digital audio recording device, a digital audio recording
medium, an analog recording device, or an analog recording medium,
or based on the noncommercial use by a consumer of such a device
or medium for making digital musical recordings or analog musical
recordings.

Next, comes the provisions of the Digital Millennium Copyright
Act (DMCA). This is often used to stop distribution of certain
copying programs. For analog recording products like WM Capture they operate by recording what comes
out of the PC speakers, using capabilities built into Windows.
Screen video recording products like WM Capture work in a similar fashion. And stream capture software like WM Recorder records what is passed from your network card in unencrypted fashion. We don’t circumvent any copy protection systems, nor do we claim
that our software is designed to circumvent copy protection systems
(which it isn’t).

Below is the important part of the DMCA as it relates to copying
and circumventing copy protection systems:

§ 1201. Circumvention of copyright protection systems2

(2) No person shall manufacture, import,
offer to the public, provide, or otherwise traffic in any technology,
product, service, device, component, or part thereof, that —

(A) is primarily designed or produced for the purpose of circumventing
a technological measure that effectively controls access to a work
protected under this title;

(B) has only limited commercially significant purpose or use other
than to circumvent a technological measure that effectively controls
access to a work protected under this title; or

(C) is marketed by that person or another acting in concert with
that person with that person’s knowledge for use in circumventing
a technological measure that effectively controls access to a work
protected under this title.

(3) As used in this subsection —

(A) to “circumvent a technological measure” means
to descramble a scrambled work, to decrypt an encrypted work, or
otherwise to avoid, bypass, remove, deactivate, or impair a technological
measure, without the authority of the copyright owner; and

(B) a technological measure “effectively controls access
to a work” if the measure, in the ordinary course of its
operation, requires the application of information, or a process
or a treatment, with the authority of the copyright owner, to gain
access to the work.

 

Do any WM Recorder products violate the DMCA?

Short answer: No. (The DMCA stands for "Digital Millennium Copyright Act", which are the guidelines for what you can and cannot copy legally, and how recording products are allowed to work.)

Our stream recording technologies work by locating unencrypted media, and downloading that media as it is transmitted, in order to enable the user to view the content at a later time and/or on another device. We don’t break any encryption, which is at the heart of the DMCA. (Some of our stream-capturing software may not work with future protocols as the media owners come up with more sophisticated encryption technologies.)

Some customers have reported the capabilities to strip out advertisements from certain TV sites, download full length shows in preview mode and other unintended effects. These capabilities weren’t designed into the software, rather they are a side-effect of how the various media servers are architected. The intent of our products isn’t to enable ad stripping or avoid paying for content.

In addition to our stream capture products, we also offer "analog" recording products. By "analog", we mean being able to capture video right from the PC’s screen, or audio from the PC’s speakers. These products will always work with any current or future protocol, since they are functioning completely outside of the network connection. Analog recording products give great results, but not the perfect digital reproductions of stream captured media.