From: Ken <[EMAIL PROTECTED]>
Reason #2 is okay, but not #4? I think you got it reversed.
Maybe. If I did, sorry. I think my reasoning, however, stands.
You buy a single user license when you purchase a CD, LP, 8 track or cassette. Loaning of these items is theft of intellectual property, where making yourself dups, in whatever format you choose is right of the ownership of that individual use license.
Well, that's simply not true in the "blanket" sense you're using the term. It varies from item to item and medium to medium. Same as software licenses -- some allow you to make a backup copy, some allow you to use a 2nd copy on your laptop, some (like MS Office of late) allow you to install up to three copies on machine in your subnet (ie home) and some (I'm looking at you, Quark) don't allow you to even THINK about making a second copy for any reason whatsoever (actually, they JUST changed that, but it was that way for the longest time).
DVDs (as in movie DVDs) are quite explicit about their license terms. No copies, no still frame grabs, and indeed under the DMCA it is illegal to even OWN software that can defeat their encryption schemes, even if you never use said software. Do I think that's draconian to the point of silliness? Yes I do. Heck, I think "region coding" is a ridiculous punishment of honest consumers that doesn't even come close to stopping piracy and other abuse.
Thus far, I'm not aware of any case law that punishes consumers for making "backup copies" of DVDs and I doubt that the courts would look unkindly on such a person if such a case ever came up. The courts *have* made it clear that copying copyrighted DVDs to redistribute to people, even for free, is illegal and punishable. They have also made it clear that copying DVDs with any intent to profit in any way from that activity is illegal and punishable.
When you download software is it not policy that you burn yourself a copy of the software because you know something will go wrong?
All downloaded software that I am aware of not only ALLOWS you to burn a backup CD/DVD of it, they ENCOURAGE you to do so. However ...
All LEGAL software on your system should ALREADY be backed up in the form of the original CDs that either came with the machine or which you purchased in the interim (oh, and the "downloaded" software you backed up yourself). So no "burning" should be necessary, which is why some companies forbid the practice. I don't pop the original MS Office CD in my machine every time I want to use MS Office. The original CDs serve *as* my backup.Or do you contend that if your system breaks down that any and all software lost must be repurchased?
While I don't think there's any legal test of the next sentence, it's my BELIEF that a "clone" or other "system backup" you might do to, for example, an external hard drive doesn't "count" as a copy (legal or otherwise) of the software, since it's not in use. Software manufacturers and prosecutors do not seem to be as concerned about your burning or otherwise copying a CD or DVD they sold you for personal backup purposes as much as they are concerned that you might use said backup to circumvent their usage restrictions, such as installing a copy on every machine in your house, or amongst your clients, or in other ways that are expressly forbidden by the license terms. I'm neither forbidding nor chastising people who want to make a backup copy of their software and/or DVDs for legitimate, legally-allowable reasons. The point I'm trying to make is that most people (including you) are ignorant on the particulars of the law as regards different mediums. Software has different restrictions than music CDs, which in turn have different restrictions than movie DVDs.
I don't know about your reasons, but the reasons most of us "upgraded" from VHS to DVD was because of the vastly improved picture/sound, extras etc., not because the VHS "broke." If you're breaking stuff on such a frequent basis that you actually have to routinely buy replacement copies, perhaps you should reconsider the wisdom of allowing a bull to roam your china shop, so to speak. :)I also disagree with your contention that you are purchasing new copies of movies or music because the technology's improved, you are purchasing a new copy because the old one broke.
Your own logic completely fails you on your claim that because you ONCE bought a thing, you are entitled to endless numbers of free replacements each time you break/destroy it. Try taking a sheared DVD back to the Blockbuster or wherever, tell them your kid snapped it in two and ask for a free copy. Enjoy a hearty laugh along with the rest of the staff.
Your apologelia for the recording industry
I am many things, but NOT an apologist for the recording industry. You move the goalposts around so much I'm beginning to think you may know where Hoffa is buried.
is not legally sound, nor is it based on any real laws, simply a view stated strongly, that some may fail to realize is but a puff of warm breath.
I would wager serious money that my legal background as regards copyright law and IP is considerably more extensive than yours. I may be wasting my breath on closed minds, but you on the other hand are pulling your "facts" out of an orifice not normally used for that purpose.
_Chas_
"If you could buy cool, Bill Gates would be The Fonz." -- seen on Slashdot
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