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frdrizzt

join:2008-05-03
Ronkonkoma, NY
kudos:2
Reviews:
·Optimum Online
reply to JRW2

Re: extortion

said by JRW2:

said by rradina:

What bearing does this have on the discussion? Is your assertion that copyright protection ends as soon as legal means to obtain or view the content is no longer offered?

OK, what about the person who holds a LEGAL copy of a movie/tv show/CD, that is damaged, and no longer available for purchase.....
What about that person, are they illegally downloading a copy of a "work" they legally own???

You are allowed to make backup copies of things you legally own, but I don't believe that you have a right to download a copy of something you have. However, that is really a moot point, because most notices I read about come from a user uploading said content, not downloading. You definitely do not have the right to distribute copyright material even if you do own it.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
said by frdrizzt:

You are allowed to make backup copies of things you legally own,

Bzzzzt. Wrong guess. They took that away years ago. You're not allowed to backup anything unless they specifically say you can.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
said by KrK:

said by frdrizzt:

You are allowed to make backup copies of things you legally own,

Bzzzzt. Wrong guess. They took that away years ago. You're not allowed to backup anything unless they specifically say you can.

That's what I used to think too, and a real IP attorney on this site pointed me to some new regs that allow you to make backups under fair use. A single backup per item, if I recall. This is for the USA.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Interesting. How do they get around the "It's a crime to circumnavigate a copy protection scheme" clause of the DMCA?

An example would be DVD. You're allowed to make a backup copy BUT not allowed to decode to actually make the copy.

So it's legal to HAVE a backup just illegal to actually MAKE a backup, if you get my drift.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
Correct.

As a practical matter no one is going after you for making personal backups with DVDcrypt or other similar tools.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Nope, but they do go after the people who make said tools and shut them down, sue them, and charge them with enabling copyright infringement.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
said by KrK:

Nope, but they do go after the people who make said tools and shut them down, sue them, and charge them with enabling copyright infringement.

Correct. And, factually, they are doing exactly what they are charged with. This goes along with my reality check on what's happening here. The RIAA/MPAA/content owners are not, generally, going after individual violators one at a time. They go with mass letters (which haven't worked out all that well for them, publicity-wise), and they go after the enablers -- the Napsters, Limewires, Pirate Bays of the world, and those who build the pirating tools and disseminate them.

And frankly, they don't care about individual violators as long as they do it within their personal domain (e.g. ripping DVDs) and don't get on the Internet to do it.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Ah, but they do go after individuals all the time. That's what this is all about....

MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
said by KrK:

Ah, but they do go after individuals all the time. That's what this is all about....

Yes but it's been mass letters to hundreds or thousands of people, not one-at-a-time, which was my point.