Posted by Roy L. Fuchs on 03/02/06 08:18

On Thu, 2 Mar 2006 00:00:54 -0800, "Alpha" <x@x.net> Gave us:

>
>"Roy L. Fuchs" <roylfuchs@urfargingicehole.org> wrote in message
>news:oc8d02565nkvndu63acpahg7rv1hvccu5c@4ax.com...
>> On Wed, 1 Mar 2006 23:33:45 -0800, "Alpha" <x@x.net> Gave us:
>>
>>>
>>>"Roy L. Fuchs" <roylfuchs@urfargingicehole.org> wrote in message
>>>news:lj5d02995fi4nr7juq9ihcmiabeht73r28@4ax.com...
>>>> On Wed, 01 Mar 2006 20:41:53 GMT, no@none.com Gave us:
>>>>
>>>>>On Wed, 01 Mar 2006 12:43:55 -0500, Impmon <impmon@digi.mon> wrote:
>>>>>
>>>>>>On 1 Mar 2006 04:37:30 -0800, syofcdyagwrq@yahoo.com wrote:
>>>>>>
>>>>>>>Story here that copying DVDs for personal backup may be legal under
>>>>>>>'fair use', if it uses a method which dodges the DMCA.
>>>>>>
>>>>>>That is still a grey area. IMO I think personal backup should be
>>>>>>allowed as long as you keep the original with the backup (original
>>>>>>under lock and key if you wish) and that you should not sell the
>>>>>>backup or pass it around.
>>>>>>
>>>>>>There has been debate over fair use for personal backup copy since VCR
>>>>>>and computer disks and was never settled because everytime a new
>>>>>>format comes out the big companies try to get the court to punish
>>>>>>everyone for making a single backup copy.
>>>>>
>>>>>
>>>>>Of course a backup is legal. When you buy the DVD, you have purchased
>>>>>the intellectual property.
>>>>
>>>> Nope. You have purchased a license to USE the intellectual property
>>>> that is imprinted on the disc. Period. You own the plastic and a
>>>> right to watch the movie in the plastic.
>>>>>
>>>>>Indeed, if your copy was destroyed, it would be legal for you to make
>>>>>a copy from a rental, friend, etc. because you still own the
>>>>>intellectual property.
>>>>
>>>> Nope. It is legal to make a downconverted copy but a bit for bit
>>>> copy is illegal.
>>>>
>>>>>Of course, if you sold, lost, or gave away the orginal, you no longer
>>>>>own it.
>>>>
>>>> "Destroyed" IS "lost". You want a backup? Buy another disc.
>>>>
>>>>>As far as disabling copy protection goes, that is illegal. So just
>>>>>how you would make the copy is another issue.
>>>>
>>>> It is illegal to make a bit for bit copy of a DVD.
>>>
>>>Not true. It is illegal to defeat the copy protection. Fair use still
>>>exists.
>>>
>> A bit for bit copy IS illegal as it requires defeating the copy
>> protection to get a bit for bit copy.
>>
>> Try again. Also, fair use is about recording from broadcasts.
>
>It's about a lot more than that. Issues include education, library use,
>etc.
>
A consumer is NOT a school or library. THOSE institutions have a
broader fair use doctrine than a regular consumer does.

[Back to original message]