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

Ah!  I see now.  Sorry for not reading your next post:

Let's say, for example, I want to download a VCD of the stand.  Out of the
goodness of your heart, you want to help me.  We can "legally" get this
done through the following convoluted but equivilent process:

1.  We trade DVDs.
2.  You make a backup copy of your DVD in VCD format.
3.  We trade back.  Backup copies flow with the original.


The same thing could be done in the shorter but equivelent process:

1.  You make a copy of your DVD in VCD format.
2. You give that copy to me.

I agree these are functionally equivalent, but not to the courts.
1-2-3 is a barter.  1-2 is a distribution.

One clarifying point:

...So far everyone agrees that the DVD itself has the properties of real
property and follows the normal rules of commerce.  Buy a piece of
plastic, sell, etc.

So far everyone also agrees that the owner of a particular copy of a DVD
has a reasonably established fair use right to make a copy (at least, from
their own DVD)....

by "everyone", you mean the majority of people on this list, right?  The
and copyright holders seem to have a different understanding.  :)

...Easier to explain - YES, I would certainly agree.  However, if you claim
the legal scenario works any way other than an implied license, than how
do people that go to Wall-Mart and buy The Lord Of the Rings on DVD become
authorized to watch it?...

If I could explain that, Valenti would probably have me silenced.  :)

David Kroll