Discussion in 'Video playback problems' started by wildhorse, May 4, 2004.
Bummer! Hope you're all better
Just a clarification -- just a single copy right?
Australian law is actually more stringent than most. Technically there is no "fair use" allowance in australian copyright law
i would recommend a read of these
That includes changing from dvd-rom to dvd+/-r, or CD to CD-r
In other words, it would pay to find out who your state member for parliment is and start petitioning. Once the blank media levy is passed you will have a 'Fair Use' right to back up media you own
_X_X_X_X_X_[small]Intel Celeron 1.8
PS2 v9 SatinSilver
Magic V modchip[/small]
Ok, maybe I'm a bit out of line here, but I can't help but laugh. I think the shear irony of this forum is hilarious. At the beginning of this thread, a gentleman asked about the knowledge base of a particular form of copying a DRM v2.2 .wmv file.... The conversation immediately stifled and became a topic of constitutions, international bylaws and such. As the owner of an audio/video production company, let me assure you that the law is quite clear; it's not the law that we're having trouble with, but our own perceptions of exactly what that law means. It's very evident in this forum. I had to re-read the post to get different views of the "law" as each person saw it.
As per the forum goes, Deadcat is on target. When you buy a DVD movie, you're not "buying" the movie at all. You are purchasing a nice circular piece of formed plastic that contains video and audio images. This piece of plastic just happens to come with certain restricted rights to view its contents. You in no way whatsoever have purchased any right to the AV content contained on the disc. Thus, if you sell the disc to someone else, you have sold the item for its physical being, and not its contents. You have sold or transferred no such licenses for the content on that disc (unless you are a licensed distributor). This is the loophole that some eBay sellers use to sell pirated material. The seller is auctioning a piece of plastic which just "happens" to contain contents that a buyer might be interested in. eBay has been notified many times about sellers that are "blaitantly obvious" in auctioning pirated material (I've reported several myself), and have received personal responses that the physical items that they are selling are not unlawful to sell.
Depending on the country in which you live, the physical act of copying is perfectly legal. For many reading this forum, you can copy things until your heart's content. Many of you will have broken no physical law by placing one circular disc into your computer and transferring information to another circular disc. You have broken copyright rules when you USE the copied material in a manner insufficient with your particular law.
So, by this train of thought, when Wildhorse said that he'd like the knowledge of copying a particular movie so he could view it later, then technically, he's committed no act of piracy. Remember, this isn't "Minority Report".... We can't arrest him for something that he's thinking about doing. What he does once he's gained the correct knowledge may indeed point to piracy, but until he's successfully done it, the piracy is only theoretical, not physical. Thus, "Piracy And Linking To Pirated Material" hasn't actually happened.
I'm sorry, I will now step down from my soapbox and go back to the cheap seats. Before I do that, however, might I bring up the point of irony that makes me giggle everytime I think about it? The next time you go to login to these forums, pay particular attention the advertised products this site supports. Most of them, at least as of this posting, pertained to copying/decrypting software. Now, I ask you, doesn't supporting software that is used to pirate material explicitly go against your own "No Piracy and Linking to Pirated Material" rule? If you think not, then I submit that Wildhorse has committed no more act of piracy than you have.
(.....I know, I know, I know, you'll only use it to make backups.... right... gotcha. That's why DVD's have a shelf life of 100 years, because we all know so many people that wear them out...........)
Please, this post was not intended to offend. It's just to show that as some of us wag our fingers high in the air at others, we're not too far from someone else's finger. That's just my opinion. I'll sit back and see what controversy this stirs up.
-The Listenary Position
A very sage summary from Listenary. I think you're bang on the button. Of course, this site needs to cover its ass, and that's why we have the no piracy posting rules. However, before anyone succumbs to pious urges and starts wagging their finger it would be a good idea to ponder the origin of the contents of their HDD and what exactly they understand by the term 'backup'.
And on the topic of backing up - I'm trying to back up an AVI to DVD but although the AVI is fine the resulting DVD has terrible sound sync. I'm using Nero Vision Express 2. If you have any wise words please see my post in 'playback problems' forum.
It's at best an ambiguous law but whether we own the physical disc or just a right to use its contents, should the phsyical disc itself be damaged then so does our continued rights to that content. Many of us believe that we should the right to be able to protect our investments. The law allows for single copy backups of CD's and VHS tapes. It doesn't explicitly prohibit the backing up of DVDs but it is illegal to use software to circumvent the encryptions that prevent it.
"Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth." Sherlock Holmes (by Sir Arthur Conan Doyle, 1859-1930)[/small]
I think we can reasonably conclude that we all have broken copyright laws. Despite what people claim, there is no right to copy or modify any movie or music you 'buy'. Hollywood extensively seeks to keep movie filters from being implemented by parents... They have successfully sued companies that bought copies of tapes (so hollywood gets the revenue) and edited the movies to the rating the person requests. That has been decided in the courts as copyright violation. I don't think there is any right to personal backup, but every consumer acknowledges that there should be. In fact my copies are better than the originals because Nero allows you to add CD text... Is that two counts of copyright infringement? Copying and modifying? I use copies for the car so the originals don't get scratched... and the car is the only place I listen...
As regards US copyright law, you could only conclude that if you didn't understand it. The only legal issue with making an archival copy of a DVD that you own is with the DMCA and copy protection. Copying and modifying the work is different because it's considered a derivative work and that's not the same as an archival copy.
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