RE: [dvd-discuss] Movie Downloads, automatically illegal?

["Kroll, Dave" <Dave_Kroll(at)cargilldow.com>]

Tim,

I think you're buying into the "License" argument too much:

> > What if I already wrecked a DVD of mine (leaving it in a hot tent,
> > probably), and just want to obtain a replacement copy of a
> > movie I already
> > own?
>
> What about that book you dropped in the bathtub?
> What about that car that you drove into a ditch?
>
> Replacement costs are on the consumer.

The book I dropped in the bathtub, whatever condition it is in, did convey
to me the right to read the story.  So, I should be legally able to copy
the book from someone else who has it.   The economics of the situation
would probably not favor this outcome, but I can see nothing legally wrong
with doing so, if I choose to.

A car is a completely different situation because it cannot be copied.
If I were to invent a machine capable of copying a car, then my argument
would still apply.  I broke my car, I had the right to use that model of
car, so if I copy someone else's car that is the same model, paying the
cost of dupication, I should be free to create and use a copy of the car.

It's not that far fetched.  There are already high-tech printers which can
create a colored plastic object directly from an autocad file.

This all makes sense if you accept that when you hand over a Jackson
for a DVD, you are buying a "license to view the movie".  If that is the
case, I agree that regardless of the condition of the disc, you still own
your license.

But (IM non-lawyer O) if you stick with the traditional understanding of
"Own it on DVD,"  then I think Richard is right.  Once the disc stops
working, it's your problem to buy a replacement.  (Although I'm hard 
pressed to rationally explain why there is a distinction between 
using a backup copy you made and d/ling a backup from someone else.
Perhaps because the person you are downloading from is "distributing".)

Nevertheless, I think it's a false path to accept.  It's much easier to
explain and accept that "You own the DVD.  You can do what you want
with it."  Than, "You don't own the DVD, but the DVD is a token for a
license
to watch the movie.  You can't do everything you want with it, but the
licensor is obligated to ensure that you have a useful copy."

David Kroll