stranger than fiction

Discussion in 'AnyDVD HD (DVD issues)' started by bushmaster, Feb 27, 2007.

  1. jjanoch

    jjanoch Well-Known Member

    The thing I loved about Talladega nights was the fact they DIDN'T play it like a comedy. It was seriously done, but just chock full of humor. Too many comedys TRY to be funny, instead of just playing it out.
     
  2. waxman

    waxman Guest

    I think in pretty much any country it's legal to make a backup of any movie you have purchased, including the US, even though there are those who would have you think other wise. :agree:
     
  3. waxman

    waxman Guest

    That's good, just look at what the unions are doing for US auto makers; circling the bowel as I type this.
     
  4. Webslinger

    Webslinger Retired Moderator

    Actually, in the U.S. while you're allowed to make a backup of what you own--you're not allowed to circumvent the digital copy protection measures that are on the discs in order to make that backup. A catch-22 situation . . .
     
    Last edited: Mar 9, 2007
  5. Charlie

    Charlie Well-Known Member

    I have done some research on this as I live in the U.S. and thien asked around quite a bit about the legalities on this and was told this is how it works and you can get away with making a back-up.

    As long as you do not sale the copy for anything, note you can legally back it up and give it away as you are not making a profit off anything.

    This is true but the funny thing is you must use some form of circumvision to make the backup (aka anydvd as an example). However my prior sentence will debate this and that.

    The funny thing is that this isn't really all that clear and too many loop holes with in the whole law that the movie industry I bet is confused as well ( I presume)

    I'll try to find some evidence to support my first statement just give me some time as I know this won't be easy to find.
     
  6. Webslinger

    Webslinger Retired Moderator


    "DVD technology also restricts copying the disc's data to a different source. This creates an interesting legal paradox. The right to make a backup copy, for personal use, of any media you own is well established under US "fair use" exceptions. However, under the DMCA, it is illegal to circumvent a DVD's copy protection. Thus, if you want to make a backup copy of a DVD, you have to break the law in order to exercise your fair use rights. Again, the rights of users have diminished, and those of the copyright holder have increased."

    http://strategis.ic.gc.ca/epic/site/crp-prda.nsf/en/rp00686e.html


    The movie industry isn't confused at all, Charlie--and your "fair use" rights do not supersede that it's illegal to circumvent the copy protection on dvds in the U.S. Your rights take a backseat here.

    Anyway, this will be my last post on this topic.
     
    Last edited: Mar 9, 2007
  7. Charlie

    Charlie Well-Known Member

    Come on I want a good debate! :D

    I know you get tired of this, I just was saying what I have found out but no evidence on that. Thanks for the info.
     
  8. linx05

    linx05 Well-Known Member

    No one here is an IP lawyer. So no one will be able to give a good response. It will keep going around and around and around...
     
  9. wdgoldstein

    wdgoldstein Beta Tester

    Ip

    I am not an IP attorney but have studied this issue a bit as it relates to my own collection. The bottom line is that Webslinger is right (Legally). However, so long as you personally maintain ownership of both the original AND your fair use copy, AND do not lend either out at any time, no one will prosecute and even if they did they could not succeed. The IP violations involved are "Intent" crimes and it would be required that the prosecution prove that your intent was to duplicate outside of fair use guidlines. (i.e. make a copy for sale or for someone's use while you retain the original.) In this case that would require that malum inse be proved. Fair use copies made in violation of the DMCA would be considered malum prohibitum which would be waived in light of the contridiction betheen fair use doctrine and the DMCA.


    Black's Law Dictionary 1996,
    malum inse - A crime or an act that is inherently immoral, such as murder, arson, or rape.

    malum prohibitum - An act that is a crime merely because it is against statute, although the act itself is not necessarily immoral

    WD Goldstein, J.D. (Really!)

    My opinions are my own and I am not offering legal advice nor services to any person who may read this post. Whatever you choose to do is own your own head. Sorry guys but I needed to say that to CMA.
     
    Last edited: Mar 9, 2007
  10. DetroitBaseball

    DetroitBaseball Well-Known Member

    Whether it's illegal or not in the U.S., I don't care if you backup movies strictly for your own personal use. And I wont lose any respect for you. Redistributing copies makes me look down on you though. People should be able to make a backup for preservation since they paid for the media.
     
  11. linx05

    linx05 Well-Known Member

    Exactly my point. There are so many shades of grey in this area that the discussion will go on and on. People giving their opinions and stuff they have heard, sometimes backing it up with links. Whatever the case may be, if you are unentirely sure go see a lawyer whose job it is to deal with these sort of things. Instead of reading about it on a forum.
     
  12. Webslinger

    Webslinger Retired Moderator

    The stuff I have posted concerning this topic isn't something I've "heard"; it's something I've researched. And a friend of mine is an IP lawyer. Regardless, I have no interest in continuing this discussion.

    Moreover, this thread now appears to have little bearing on "stranger than fiction". As such, I would request that if people wish to continue this off-topic discussion to do so in the "General Chat" area (if a number of people request that
    I move the 2-3 pages of posts from here to the General Chat area, I will; otherwise I'll just leave the posts here).
     
    Last edited: Mar 9, 2007