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A legal Question
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.:RIP:.
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6. January 2005 @ 02:40 _ Link to this message    Send private message to this user   
back to the issue of backing up dvds... or for that matter copying rented dvds...

each copy of a dvd that is brought into blockbuster to be rented costs the store a grand total of... $10. so basically after the dvd has been rented twice it has paid for itself. (granted, not concidering the costs of paying employees, electrical etc) Then they turn around and sell used dvds for upwards of $15. i wouldn't loose any sleep over making copies, unless of course you happen to live in the UK and have shitty friends looking to make a dime off of turning you in.
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sean5775
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6. January 2005 @ 08:08 _ Link to this message    Send private message to this user   
Yeah thats a good point you make, someone is making alot of money off renting them anyways. I know before the time of the DVD most of the new releases cost over $100 each on VHS unless of course it was one of the rare ones that was sold in stores on its release date. Now with the DVD I believe everything is released for sale as well as rental on the same day. Yet they still charge more money to rent then ever before.
CKSMartin
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11. January 2005 @ 10:37 _ Link to this message    Send private message to this user   
Regarding the issue of copying rentals... doesn't the landmark case of SONY vs. UNIVERSAL grant you the right to timeshift; that is, to make a copy of rented item so that you can watch it later? The court specifically said so in regards to analog recordings made in the 1970s via BETAMAX.

And the digital millenium copyright act merely forbids the decryption of items you do not have a lawful right to view; if you rent a movie, you have paid for viewing rights.

Finally, when I rent movies, my kids watches them numerous times. There is no one-view limit. Therefore, I must argue that in the one week blockbuster allows me to keep a movie, I would be able to watch it something like 70 times. Why can't I timeshift; record the movie for watching those 70 times later?
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11. January 2005 @ 10:48 _ Link to this message    Send private message to this user   
that's really true. i never looked at it that way.

you've done your research
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brobear
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11. January 2005 @ 12:36 _ Link to this message    Send private message to this user   
They have a word for it, rationalization.

The court and the movie industry don't quite see it the same way. Note the landmark case of 321 Studios. They got busted for their decryption recording apps and were ordered to stop sales, then went into bankruptcy. Notice the disclaimers this forum has on decryption programs; they ask if you live in the US. That temp viewing privilege is in no way to be construed as temporary ownership. Backing up, recording, gives ownership of the item which isn't paid for in a rental. So far, the courts view it in that manner and recording rental DVDs is illegal. The millenium act as interpreted by the court even goes against fair use privileges as we've known them in the past. Laws in the EU are even stronger in some aspects.

One can't legally purchase decrypting tools in the US. The 321 case set the precedent.

Even with time shift, is one allowed to use illegally gained software, no one said anything on grandfather clauses, to make a temporary recording? And of course, the owners of those DVD copies are going to trash them after their short viewing period. Or does one look at it as, "I rented it for a 2 day period; so I get to watch the 2 hr movie 24 times before I destroy the copy"? Timeshift, did they specify a start and end or just allow intervals? Since it is an older ruling, does it even hold precedent against the newer rulings? I doubt it.

'Brobear'





I was an earth-rim walker, a lurker at the threshold of the abyss. - Grendel -

This message has been edited since posting. Last time this message was edited on 11. January 2005 @ 12:48

 
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