Dear Doug,
> Pre-dating the digital age, I’ve made copies of rules/charts
> for FTF games so that my opponent and I weren’t waiting for
> each other. From the strictly legal standpoint, the minute
> my rules hit the scanner glass, I’m assumed to be copying
> with the intent to distribute, so I’m breaking the law.
I suspect this usage would not qualify as "fair use" but I'd want to
re-read the appropriate laws and prior rulings before insisting that
were true.
> Same for my counter scans to protect me from when a counter
> hits the floor and my dog gets to it before me.
Not true. Prior the DMCA of 1998, copyright law specifically authorized
one copy for archival purposes, as a protection of ability to use (for
example, protection against loss of use due to damage).
I've seen what I believe were successful legal arguments which purported
that media change is also acceptable as a protection of ability to use.
By those arguments, copying your 8-track album down to an MP3 file
so you can use your current-technology music-playing device to listen to
your legally-purchased 8-track was still considered legal copy action.
The DMCA very roughly tosses a lot of the long-standing legal copyright
issue precedents aside, however. I wouldn't want to be stuck making a
stand on copyright details until the DMCA gets its proper challenge in
court.
Two cents and all that rot.
- Steve M.
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