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MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:4
Reviews:
·RoadRunner Cable

reply to w0g

Re: Wait, what about the files that people have fair use rights

said by w0g:

Under fair use you can have backup copies, kid. What's made up about that? You're also allowed the right to emulation when technologies become obsolute, and conversion to other formats.
Where in the Fair Use doctrine does it say any of those things? You are making it up. Go read up on the doctrine and come back. Wikipedia's a good start.

Like I said... just because you use it, and you think it's fair, doesn't mean it's Fair Use.

In particular: no you are not allowed to make backup copies unless the license specifically says you can. (Generally software licenses allow this for a single backup. CD and DVD licenses do not.) By emulation do you mean playing the original media on a different device? That may or may not be allowed again depending on the particular license. Conversion to other formats... not in general. There is law around audio recordings that allows you to do some things, and there's the Betamax decision that allows some things with video tapes, but that is not Fair Use, it's a whole different set of laws/precedents.

All this said: if you make a backup copy, or rip a CD to MP3, for personal use, and don't give it away or post it on a network, will you get in trouble? Certainly not under any foreseeable circumstance. But that doesn't mean there is legal protection for these actions under the Fair Use doctrine.

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