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back up dvds are they legal

Posted: Tue Aug 15, 2006 3:35 pm
by danoasis
hi guys i have just been on a site and it was for back up adult dvds
the website had loads at good prices
i was just wondering how legal it is
i suppose as long as the website states that you are supposed to already own the original and its dvds are just back ups
i supppose it will be ok and legal
your thoughts please people
thanks
Danny

Re: back up dvds are they legal

Posted: Tue Aug 15, 2006 3:51 pm
by Ace
Back up copies is just another term for pirated copies.
Its pirating, pure and simple


Re: back up dvds are they legal

Posted: Wed Aug 16, 2006 4:26 am
by DanG
Correct...there were a bunch of pirates using this scam on QXL , saying that by making said declaration about backup copies made it legal under UK law.

However, if you check with the Patents Office, it is in fact 100% illegal to make copies without the express permission of the copyright holder (which you ain't gonna get!). It's piracy, plain and simple....


Re: back up dvds are they legal

Posted: Wed Aug 16, 2006 6:25 am
by NOBBY
You can make "Backup" copies of a film you Legally own as long as it is not made for Financial or Beneficial Purposes.

Ace is definetly WRONG only copies of media you have not legally bought are looked upon as Pirated.

So for example if i bought a genuine copy of the first pirates of the caribean, and wanted to make a copy for my own personal use then i CAN Legally do. It becomes illegally if i then wanted to sell the copy....

If you would like a case study to read have a look here

http://news.bbc.co.uk/1/hi/technology/3371975.stm

Cheers


Re: back up dvds are they legal

Posted: Wed Aug 16, 2006 6:29 am
by Ace
I think you will find that even if you own the original format, copying is illegal, same with home taping and burning CDs. Look at ANY DVD film intro, it makes it perfectly clear that reproducing this disc is against the law.
If you were stopped by the Police and they saw you had CDrs in your car, unless you can prove you have the original CD, they can still legally charge you for having pirated CDs.
But we all do it with music CDs........I Know I do


Re: back up dvds are they legal

Posted: Wed Aug 16, 2006 6:57 am
by Lizard
This law forbids the duplication of copyright material without the permission of the copyright holder. Unlike US copyright legislation, UK law regards even copies made for personal use as unlawful. Tape a CD you legally own so you can play it in the car, or burn that CD to MP3 and transfer it to your iPod and, here in the UK, you're breaking the law. Fair use provision does not extend to these actions, unenforceable though this aspect of the CDPA is.

Crucially, that restriction does not extend to systems that make such illegal actions possible, which is why Sony and Amstrad defeated Universal's attempts to block the sale of video recorders and tape-to-tape cassette decks, respectively, in the 1980s.

So 321 can argue that its products are legal under the CDPA. Hence the new suit, which challenges the software developer under the new Copyright and Related Rights Regulations 2003, which became law on 31 October.

The UK implementation of the controversial so-called European Union Copyright Directive (EUCD), more formally known as the Directive 2001/29/EC, which seeks to unify European nations' various copyright laws but which also criminalises the circumvention of copy protection systems.

And since DVDs contain a copy protection mechanism, 321's software is arguably in violation of the CRRR.

In the US, 321 has sued nine major motion picture studios in the Northern District Court of California for "clarification of the vague and confusing language that makes up the Digital Millennium Copyright Act (DMCA)".

Last month, Twentieth Century Fox and Paramount Pictures sued 321 under that same law, which, like the EUCD, makes bypassing a copyright protection system illegal. 321 maintains that US copyright law's 'fair use' provision - which allows copying content for personal use without permission - overrules the DMCA.

With no such 'fair use' enshrined in UK law, its case here will be harder to argue. ?


Re: back up dvds are they legal

Posted: Wed Aug 16, 2006 7:16 am
by Ace
Thank you Lizard........always the voice of reason since Buttsies sad departure
Now, put the kettle on !wink!