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



Tim,

Maybe I need more sleep, but as a reality check, why
would any two people trade backups of a DVD they
both own?  Are you comparing this to, "Person A, 
who owns DVD, downloads a copy from Person B,
who owns a DVD and a copy"?  While there may be
no practical difference, I agree with Richard that the
law (rightly or wrongly) defines that as "distribution".
(Even though you may have the "right" to own the copy
you are downloading.)


...You already agreed that a backup media shifted copy can be legally made
by
the owner of a copy, so it follows that distribution of media shifted
formats is legal, unless we are somehow prohibited from trading DVDs....


Personally, I'm not sure that trading backups is ethical
if you keep the original.  It may meet the letter of the
law, (You own the original, you own the backup, you 
can sell property you own.) but I don't think it fits
the spirit of the law.

David Kroll

 -----Original Message-----
From: 	Tim Neu [mailto:tim@tneu.visi.com] 
> You can likewise sell me your used copy of "Gone with
> the Wind".  You just can't make a copy of that copy and
> sell _that_.

But if we both make backup copies of gone with the wind, why can't we
trade?

We both own it!  We can trade the masters, we can trade masters and
backups so why not only the backups?

> It doesn't matter whether the downloader is a legitimate
> owner or not.  _You_ do not have the right to distribute
> a copy you have made.  You can make the copy for your own
> use, but you can not distribute it.  Period.

I can trade with you the physical medium legally - that is not
considered "distributing".  I can even sell the physical medium, destroy
it, etc.  Why can I trade the plastic and the movie and not the movie
itself?

A trade + a backup copy (media shifted) can accomplish any distribution of
media shifted formats between two owners.

This scenario can do this without ever having one person shift from
anything but their own media!

You already agreed that a backup media shifted copy can be legally made by
the owner of a copy, so it follows that distribution of media shifted
formats is legal, unless we are somehow prohibited from trading DVDs.

I suppose you could argue that our backup and trade dance must be
performed for the sharing to be legal, but that is a very bizzar notion.

Although it makes about as much sense as some other government
requirements! (i.e. none :-)


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