Gordon Laing

When you encode videos for use on a PDA, the results, especially on models with high-resolution VGA screens, can be nothing short of spectacular. But content is ultimately what counts.

For this article, I've used a wedding video as source material but, let's be honest, what you really want to know is how to get your DVD movies on to your portable. After all, you're not showing it to paying customers, have no intention of sharing it on a peer-to-peer network, nor burning pirate copies and selling them from a car boot. You just want to enjoy the movie you bought, in whichever environment happens to be most comfortable and convenient.

Unfortunately, copying a DVD movie onto a portable media player without permission from the content owner breaks UK copyright law. Consequently, no publisher can tell you how to do it without incurring a risk of inciting copyright infringement and landing into potentially serious legal problems.

But surely you'd argue that ripping a DVD on to a hard disk - be it for use as a video jukebox or transfer on to a portable - is no different from ripping CDs for an iPod or any other portable music player. Truth is, it isn't any different.

Under the same UK copyright laws, it's equally illegal to make a copy of an audio CD without permission as it is a DVD. Whether you have to circumvent a copy protection system or not, you're still making an unauthorised copy, which in the UK is a civil offence.

I had originally contacted the UK Patent Office to see if there was a legal way to watch DVD movies on my PDA and came off the phone understanding that not only is this an offence but that most iPod owners are technically breaking the law, even if they never download a single copied track. The law can be read here.

Of course, most people know there are exceptions, such as photocopying a newspaper article, for instance. Then there's the oft-quoted 1984 Betamax case, where the courts ruled that it's OK to record a TV broadcast for later viewing, as long as it's erased afterwards (no naughty archiving now).

But neither exemption applies to copying audio CDs or DVD movies for what's considered private enjoyment. Contrary to popular belief, you're also not allowed to make backup copies of audio CDs or DVD movies in the UK either, only of an operating system or software application disc.

So where does that leave the flood of portable audio and video players on the market? Are Apple and Microsoft inciting copyright infringement with iPods and Portable Media Centers? Apparently not: there are legitimate uses for the products in question and it's up to us to use them responsibly.

It's no different from car manufacturers that produce products which can go very fast, but don't take responsibility for reckless driving.

Legitimate content for use on a portable media player could include music or movies downloaded from a commercial store, recorded broadcasts and, of course, self-authored material such as a holiday video.

Trouble is, while online music stores have finally got their act together, where's the legal video content I can buy for my portable? The selection on Cinema Now hardly inspires. Microsoft says I can 'watch all my favourite movies' on a Portable Media Center, but where exactly can I get legal versions of Goodfellas or Star Wars?

Microsoft's answer is to record them from a TV broadcast, although you'll need to delete them later to comply with the time-shifting provisions. Microsoft also points out a number of new content deals with MTV and various news and sports agencies, although these are currently only for the US market.

The fact is, there really isn't much compelling video content legally available for portable media players, so you're faced with only watching TV recordings, personal holiday videos or taking the law into your own hands and ripping a DVD.

Realistically, would a record company or movie studio go to the expense of suing an individual for copying a handful of titles? They've so far focused their efforts on preventing mass piracy or illegal distribution. Only you can decide if it's a risk worth taking.

Ultimately, we need realistic legal options for watching movies on portable media players. If the studios won't allow us to make a copy, then why not include a compressed version on the DVD for use on portables? After all, some audio CDs already come with a duplicate of the album pre-encoded in mp3.

More sensibly, the studios should sell portable versions of their content. The success of online music stores has proven that we're not a nation of pirates.

We can only hope the studios learn from the mistakes made by the music industry: embrace new platforms and content delivery or risk an epidemic of unauthorised copying. People will undoubtedly buy portable media players with the intention of watching movies on them. They should be allowed to do it legally.

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