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

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

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.

Done.

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
courts
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