Discussion in 'AnyDVD HD (DVD issues)' started by Motoko21, Jan 26, 2008.
I live in the USA, is 'AnyDVD' legal to use in the United States?
If you own the DVD you are backing up, you may make 1 backup so your original will always be protected. But you must own the original dvd.
This really isn't an answer that can be answered with a yes or no. For your own personal use for your own legally owned discs then I'd say yes but I am not a lawyer.
I'll refer you to a thread here: http://forum.slysoft.com/showthread.php?t=11573
Read that thread and scroll down a few posts to around where you'll see lostinlodos posts. I would advise reading the entire thread.
Can you explain further? I think my friend has this program, what if he wanted to borrow one of my dvd's to copy?
Borrow your DVD to make a copy for himself? No, that is most definitely not legal.
That is illegal as he doesn't own the DVD to be able to backup.
As far as I've known... and it could be different, in the US, you are allowed to, under the "Fair Use" law... make a backup of your purchased media so long as it does not contain any copy protection.
DVDs .. either standard, HD or Bluray, all have protection. Most music CDs do not.... and that's also one of the reasons those that sell media online, are now selling without protection. It isn't just so you can play on all forms of players, but allows the user to do so "legally".
What will get you... even using AnyDVD in the US, isn't the fact that you are using it to protect your investments by making a backup to use (and store the original)... is if you use it intentionally as a means in which to put on P2P networks, sell or even give away copies you've made.
Things are changing here.... slowly, but they are changing. If a definite change comes to help those of us that are honest about it... you can be certain that it will back those that use it for its intended purposes, and not for sharing with those that have not purchased the media.
Not too get too far into splitting hairs... but one of the strongest arguments against being able to copy, is the question: What exactly do you own, when you buy a disk?
Answer: The plastic disk.
The media that is on there, be it software, music, movies.. etc, is not sold. It is licensed. Meaning you bought the rights to "use" the media as it was intended, and in almost every single EULA I've ever seen, (unless written permission excluded the individual, or program).. users do not have the right to make a copy of the media. Hence the RIAA/MPAA's stand against it.
No. AnyDVD breaks "technological protection measures", and in the USA that is illegal (under the DMCA), regardless of whether its legal to create a back-up copy or not.
I'm not American, I'm Australian - but here's a link that describes how the late 2006 amendment to the Australian copyright act supposedly changes the law with regards to ripping protected music:
Private Copying of Music (PDF)
Please note that that is from a government website, not some 3rd-party onlooker. The laws in the USA are believed to be even more restrictive.
While that is true, click http://forum.slysoft.com/showpost.php?p=16901&postcount=49
Again, not to sound like we're beating a dead horse.
But, IMHO (and not having understood AnyDVD's underlying structure), AnyDVD cannot truly "break" a copy preventative measure. The measures are still on the DVD.. they cannot be removed. To me, AnyDVD is like a firewall, keeping what I do not want out and letting what I do, in.
AnyDVD is also a great tool in such that it prevents auto installation of unnecessary programs, popups... etc, and in a good case back when Sony had all the rootkits on their DVDs, it just may have prevented those that use AnyDVD from having Sony take over their systems.
Either way you look at it, I am a true customer and backer of AnyDVD, it's cause and will continue to be.
If there's one thing here in the US that has always stood true (be it good or bad) is that "the majority rules", and "if ya can't beat them, ya join them!"
I believe the old company DVD X Copy was based in the U.S. After a court decision that declared backup copying of DVD's you purchased was illegal, they had to cease operation. How many people exceed the speed limit!
Nobody dies when you backup your DVD, two totally different situations.
Legality of Any DVD
First off you sound like a regular Johnnie Be Good Boy or Girl. To put it bluntly stop asking questions about things that you don't have no control over. If it's going to disturb your conscious, then just dont' use it. Plain and simple. I use it and I'm not hurting no one by doing so. And yes I have a crystal clear conscious about it.:clap::clap::clap:
One the one hand, it violates the DMCA, so you could say it's illegal.
On the other hand, it allows a US citizen to exercise his or her fair use rights, so you could say it's legal.
When we can make arguments for both sides, we usually say such a thing is "legally grey."
The Freedom of Copy
You can rest assured that we will uphold the Freedom of Copy with our software. And some sunny day they may have learned that they cannot take this natural right from the people. And that sunny day they would start a fair dialogue with their customers about Fair Use. This would be a real win-win situation for each side.
I have not studied the letter of the law in the DMCA, but here is what reads in our (Aussie) copyright act (found here).
I'll note that there are three sections to the act that relate to the circumvention of DRM - the first is general (personal) circumvention, the second is a (hardware or software) device for circumvention, and the third is a circumvention service, all are defined here.
The letter of the law in the AU copyright act states that regional-lockout for game consoles and movie playing devices is not included in the definition of "technological protection measure", thus making circumventing these irrevocably legal. However, it does not say that other devices such as music devices can't include a form of regional lockout that will be protected under the legislation "protecting" the circumvention of TPMs (DRM). However, one would naturally assume that breaking said restrictions would not constitute an infringement.
The DMCA, as I understand it, does not have these exceptions, and so even the act of breaking regional-lockout (even if the CSS or AACS encryption is unaltered) is illegal. That's why in the USA you can't walk into Walmart and buy a region-free player off the shelf.
With this said, the law strikes a fine large "undefined" line, in reading this part of the act that relates to the sale of anti-DRM related devices; it does appear that selling both AnyDVD and Modchips (within AU) is legal; provided the product is intended to be used with legal non-infringing copies of the work (for example, imported products but not burnt "back-up" products - or to break HDCP/ICT, etc).
I do agree, that it is unlikely you'd be prosecuted - however the MPAA and the RIAA have successfully prosecuted US citizens for simply downloading copyrighted content; something that has never happened in AU and probably never will. So it isn't outside the realm of possibility they'll go after US citizens for merely breaking DRM. Here's a thought - imagine you own a legal copy of Windows XP - but instead of installing that copy, you use your workplace's volume copy and illegally install that as to circumvent "product activation". Should Microsoft be allowed to sue you for copyright infringement - since you do own essentially-the-same product (only the DRM-crippled version)?
Oppo is an American company. All of their dvd players are region free (or easily made region free via the remote--out of the box without having to mod any hardware). Click http://www.oppodigital.com/
And Americans do and can order them from Amazon.com easily enough.
I think when you open the box, the players are set to region 1. But if you enter a code via the remote, all the Oppo players become region free (and many of them convert PAL to NTSC and vice versa insternally). So, maybe that's more of a legal loophole that Oppo is working with.
The point being made by wdgoldstein is that in the United States a requirement is necessary to prove that the intent of the person being prosecuted lies outside the bounds of fair use rights (that is, the prosecution would have to show the person in question didn't own the original and wasn't making a backup for personal use). As far as I'm aware no one who has been prosecuted successfully so far in the U.S. for downloading content for personal use only actually purchased the material being downloaded at any point (in other words, I don't believe the people downloading music and movies that were prosecuted bought the original discs). If this is not true, then I stand corrected.
Morally? No--provided such an individual is using it in the same manner as he would the original disc that he owns (that is, only installing it as per the license agreement that he purchased) . . .
Legally, I have no clue.
Viceroy Nute Gunray: "My Lord.... is that legal?"
Darth Sidious: "I will make it legal.."
The older generation wants rights and laws so that they can use them not just to protect the rightful owners of the said material.. but to also condemn those that are not harming anyone. We support our fellow artists and programmers by purchasing their work, and we also want the right to protect that investment.
If you do... then do something about it.
If I like something, I buy it to help support those that made it. That includes Anydvd. I bought the program three times.
Agreed. If I like music then I buy the CD. If I like a movie then I buy the DVD. If I like software then I buy the license.
We should support the people producing things we like but adding layers of protection on top of that which causes us to have problems fully enjoying and/or utilizing what we've purchased then I have some serious issues.
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