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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | reply to cdru
Re: What's a "privacy pirate"? there has to be some kind of distribution for there to be piracy when talking about IP.
because making copies without giving any away or selling and only keeping for yourself is called fair use.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports | |
 cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7 | said by Kearnstd:because making copies without giving any away or selling and only keeping for yourself is called fair use. So you are saying it's perfectly legal under fair use laws to make a copy of a CD or DVD borrowed from the library or Netflix, as long as it's only for personal use? Right. If that lets you sleep better at night.
Please point to the relavent section of the US Code that allows you to make a copy under fair use for personal use?
I think you need to read up on what Fair Use really means. | |
bsoft
join:2004-03-28
Boulder, CO | I think you need to read up on what case law is.
Sony Corp. of America v. Universal City Studios, Inc. established that:
the making of individual copies of complete television shows for purposes of time-shifting does not constitute copyright infringement, but is fair use. Similarly, there are other instances in which making personal copies for fair use is well established, such as "Format-Shifting", e.g. putting a CD on your MP3 player (RIAA v. Diamond Multimedia, 180 F. 3d 1072, 1079, 9th Circ. 1999.). | |
cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7 | said by bsoft:I think you need to read up on what case law is. Sony Corp. of America v. Universal City Studios, Inc. established that: the making of individual copies of complete television shows for purposes of time-shifting does not constitute copyright infringement, but is fair use. Similarly, there are other instances in which making personal copies for fair use is well established, such as "Format-Shifting", e.g. putting a CD on your MP3 player (RIAA v. Diamond Multimedia, 180 F. 3d 1072, 1079, 9th Circ. 1999.). Please let me clarify. I do agree that time/place/format shifting is usually legal, starting with the Betamax case you linked to.
What I was referring to was obtaining some type of a recording as a rental (from say Blockbuster) or borrowing (from a friend or library) and making a copy of it claiming fair use. That goes beyond what Sony v. Universal decided.
You probably are legally able make a personal copy of a rental or borrowed item while you have possession of the original, but once the original is returned your rights to the copy cease. | |
 NormanSPremium,MVM
join:2001-02-14
San Jose, CA
kudos:9 | reply to bsoft
TTBMK, if I buy IP on media, I can make a copy, and even "distribute" the copy, as long as I am using my own network for my own ends. I'd like to see them try and prevent me from serving up their IP on my network, from my computer (running TVersity Media Server) to local devices (DirecTV HR-21 receiver and D-Link DSM-510 Media player). It is all related to "personal consumption"; not different from playing the media on this device, or that, on my premises, or even off. However, I am pretty sure I must have the original media in my possession, and that I can't either make the content available publicly (unsecure W-LAN), or charge a fee for viewing/listening (exhibition).
Furthermore, I doubt that making copies from borrowed media is legal, though I suspect it would be difficult to prove a crime, or tort in such a case. Which is a concession to cdru  WRT my comment about "unauthorized distribution".
It isn't easy to specify in fifty words, or less, but it is one thing for me to archive a copy of IP for personal use, from original media, which I own, and possess, but another thing to rip copies from media I don't own, when said media will not be in my possession when I make use of the copy.
And there are probably five thousand legal "gotchas" in that statement.
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Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum | |
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