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Backup Legal Question?

Discussion in 'DVDR' started by F43, Jan 22, 2005.

  1. F43

    F43 Member

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    Hello:

    Very interesting forum, really enjoying all of the insights and perspectives.

    First off, I don't even OWN a dvd writer yet! Have a player and small DVD collection.

    I was reading about the 'Fair Use' clause...I interpret that it is 'technically' legal for the individual user (i.e. someone who paid for/owns a DVD) to make 1 (one) backup copy for their own use! Sounds reasonable to me and everyone here! I take it that the 'technically' illegal part of the process is that to usually do the above one must decrypt what is encrypted.

    Any law-abiding and sane person would agree that trying to sell even 1 'back-up' is looking for trouble...something I would NEVER do.

    The theoretical scenario is this? Someone purchases an original DVD with their hard-earned cash...then they make 1 Back-up of the original solely for their own use. Then they turn around and sell the ORIGINAL dvd while keeping the backup for their own use?

    Can anyone shed light on this? Is it stated in a legal document that selling the original after making 1 personal backup is wrong?

    Regards
     
  2. wolfniggr

    wolfniggr Regular member

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    As long as you own and have in your possesion the original DVD, you can have 1 backup. Once you no longer have the original, having the backup is then a problem.
     
  3. zippyd

    zippyd Regular member

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    A backup without the original is no longer a backup. It is a primary. Bypassing the copyright is illegal in the first place, so having the backup would be illegal as well. (If you go by the latest court rulings and laws in the US.)
     

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