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  1. #1
    Senior Member waynezo's Avatar
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    Backup DVD's Legal?

    What is the latest ruling on backing up DVD's owned for personal use?

    What about DVD's checked out of the library, paid for with taxpayer dollars?

    I think this issue was deemed legal regarding VCR's. Has fair use and CSS been tested in court for DVD's?

    Any opinion and info will be greatly appreciated.
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  2. #2
    Ultimate Member osprey4's Avatar
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    To answer your last question, the concept of fair use has never been thoroughly tested in court with regard to encrypted DVDs. The one case by the MPAA against 321 Studios effectively put 321 out of business, but the judge did not rule regarding the constitutionality of the DMCA. He simply interpreted the DMCA to mean that bypassing encryption was a violation of the owner's copyright.

    So for now, it's illegal to copy commercial DVDs, just as it is illegal to drive 16 MPH in a 15-MPH school zone.

  3. #3
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    If you feel it's wrong... it probably is wrong

    Apply the golden rule: you paid for it, it's yours - you can use it however you want it. No court will ever come after you if you made a copy to save wear/tear on YOUR original media. Don't give it to anyone, don't display it on the internet, don't ever sell it.

    Did you pay for the one from the library? No. So IT'S NOT YOURS. Don't copy it, it's illegal.
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  4. #4
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    Quote Originally Posted by Atlantix View Post
    Apply the golden rule: you paid for it, it's yours - you can use it however you want it. No court will ever come after you if you made a copy to save wear/tear on YOUR original media. Don't give it to anyone, don't display it on the internet, don't ever sell it.

    Did you pay for the one from the library? No. So IT'S NOT YOURS. Don't copy it, it's illegal.
    Yeah I think that pretty much sums it up.

  5. #5
    icer-zerocool Dj-Icer's Avatar
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    Like over in Japan, there are laws about backup DVDs.

    I have a lot of backup DVDs, from programs to other stuff as well. It's just that some programs can be very sensitive when connected to internet. Because internet allows it to be spotted by the maker of the program. When programs has been spotted, then it'll give some kind of message that you're using a pirate or invalid cd key etc. The program will stop working and you're unable to use it.

    But, it can never be a criminal if you just keep it to yourself. You can share it with the ones you trust most and I don't think this would lead to any problem if you know how to take care of it. Personal use is okay, not commercial.
    If only the dead can speak, then we will know what's happening to us all next...

  6. #6
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    Same rule!

    Quote Originally Posted by Dj-Icer View Post
    You can share it with the ones you trust most and I don't think this would lead to any problem if you know how to take care of it.
    The same rule applies to software - you can make a copy for yourself, but I don't see why you would do it since you have the original. I understand you copy a CD or DVD especially if your 5 year old kid wants to watch that movie every day twice... but how many times do you need to load software?

    Do NOT give software to anyone else. Sure, many people do just that... but it is entirely illegal.

    This thread is about the legality of copying.
    Atlantix
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  7. #7
    icer-zerocool Dj-Icer's Avatar
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    I don't think I have shared it with friends though. I only share with my family members, 1 or 2.
    Basically, I use the originals and never share with anyone because I normally contact the maker if theres any problem with my software. So I wouldn't dare.

    The only programs that I share with others, like few friends that I have around me right now, are free ones.

    But there are DVDs here sells free programs like Winamp and etc in shops. The law takes actions on these guys but they are rarely been cought. Somebody owns the cops, I don't know
    If only the dead can speak, then we will know what's happening to us all next...

  8. #8
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    Smile

    The DMCA states that it is ILLEGAL to break the CSS copyright protections, and the only way to copy DVD's is by breaking the protection with some kind of software, so it is indeed illegal whether it is for personal use or not.

  9. #9
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    to Copy or not to Copy

    I believe technically it is illegal to let anyone else but the owner watch it also, or maybe that means just one person at a time, or better yet you can't really watch it but you can think about watching it. Man I guess we should just burn the disk after watching so as not to step on any ones toes.

  10. #10
    Prof. of DooGlian Studies MegalosSkylaki's Avatar
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    FIRST TEN YEARS ANNIVERSARY HONOR ROLL
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  11. #11
    Ultimate Member osprey4's Avatar
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    It's also illegal to talk on your cell phone while driving.

  12. #12
    Goverment property now GroundZero3's Avatar
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    It depends on your state osprey

  13. #13
    Ultimate Member cksboy15's Avatar
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    If you check a DVD out of a library it is considered a rental. So the answer to that is that its illegal.
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  14. #14
    Ultimate Member osprey4's Avatar
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    Quote Originally Posted by cksboy15 View Post
    If you check a DVD out of a library it is considered a rental. So the answer to that is that its illegal.
    Not to mention a great way to build up your DVD collection FOR FREE!!

  15. #15
    Senior Member waynezo's Avatar
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    Is it a crime to copy the pages from a book I check out from the library?
    Is it a crime to record a phonograph record onto cassette tape?
    Why should DVD's be any different? I think other than DMC copy protection law backing up DVD's should be considered fair use.

    We will probably get all our content movies, music, etc. through broadband on demand and witness the death of optical discs before this issue is tested in court.
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  16. #16
    Communal Member Detritus's Avatar
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    Quote Originally Posted by waynezo View Post
    Is it a crime to copy the pages from a book I check out from the library?
    Is it a crime to record a phonograph record onto cassette tape?
    Why should DVD's be any different? I think other than DMC copy protection law backing up DVD's should be considered fair use.

    We will probably get all our content movies, music, etc. through broadband on demand and witness the death of optical discs before this issue is tested in court.
    I would say that very likely all those examples would be breaking copyright laws.
    Tyranny doesn't have to come at the end of a gun.
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  17. #17
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    Quote Originally Posted by Detritus View Post
    I would say that very likely all those examples would be breaking copyright laws.
    I would say I agree with this.

  18. #18
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    The Digital Millennium Copyright Act makes it illegal to circumvent any digital rights management whether or not there is actual infringement of copyright itself. The DMCA deals with digital media be it audio, video or text. So breaking css encryption on a dvd is the illegal act.

    Some of the DMCA restricts digital broadcast which has affectted radio stations that simulcast on the web and satellite radio. WFUV Public Radio | Listening Options | Streaming and the DMCA

  19. #19
    Senior Member waynezo's Avatar
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    Supreme Court

    Did the Supreme court rule that backing up DVD's is fair use? I heard they did, but I can't find any articles on it.
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  20. #20
    Ultimate Member osprey4's Avatar
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    By the way, it is illegal to pluralize with an apostrophe before the s. That we can all agree on.

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