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Old 09-24-2009, 03:43 PM   #1
Skyler17 Skyler17 is offline
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Smile Burning DVD's for personal use...

Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T
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Old 09-24-2009, 04:20 PM   #2
aggienader08 aggienader08 is offline
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Question: Why would you post this in the movies forum?

You can answer the question for yourself but I'll give you a hint..... proof of purchase.
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Old 09-24-2009, 04:22 PM   #3
persuazion persuazion is offline
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Quote:
Originally Posted by Skyler17 View Post
Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T
Well unless you save every receipt then there is no way of proving it......I mean if you have a fire or someone steals them then there is no proof of ever having it.I dont think someone of authority would really try and do anything unless you had multiple copies of the same movie....
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Old 09-24-2009, 04:26 PM   #4
Chordata Chordata is offline
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Quote:
Originally Posted by Skyler17 View Post
Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T

Show them the original BD, that goes with your copy.
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Old 09-24-2009, 04:29 PM   #5
benricci benricci is offline
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I'm thinking it would be wise to close this thread before the discussion heads further into grey territories, and because most of us aren't qualified to dispense legal advice.
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Old 09-24-2009, 04:34 PM   #6
Chordata Chordata is offline
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Originally Posted by benricci View Post
I'm thinking it would be wise to close this thread before the discussion heads further into grey territories, and because most of us aren't qualified to dispense legal advice.
LOL "grey territory" is being too nice. I think we all know what the OP is asking.

Regarding legal advice, however, I'm qualified. But he hasn't retained me yet, so I'll withhold any more advice until I get that retainer check.
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Old 09-24-2009, 04:37 PM   #7
Sponge-worthy Sponge-worthy is offline
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Quote:
Originally Posted by O_V_N View Post
LOL "grey territory" is being too nice. I think we all know what the OP is asking.

Regarding legal advice, however, I'm qualified. But he hasn't retained me yet, so I'll withhold any more advice until I get that retainer check.
How many hours would you foresee in researching this one?
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Old 09-24-2009, 05:05 PM   #8
Uniquely Uniquely is offline
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Quote:
Originally Posted by Skyler17 View Post
Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T
In the US at least... it wouldn't matter either way. It is illegal to circumvent the copyright restrictions that exist on every single commercial release, and that would be a necessary step in creating a "back up" copy; so the mere posession of a "back up" copy would be proof of criminal action.
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Old 09-24-2009, 05:07 PM   #9
Chordata Chordata is offline
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Quote:
Originally Posted by robinandtami View Post
In the US at least... it wouldn't matter either way. It is illegal to circumvent the copyright restrictions that exist on every single commercial release, and that would be a necessary step in creating a "back up" copy; so the mere posession of a "back up" copy would be proof of criminal action.
Unlike CDs (which is pretty clear that a backup falls under the "fair use" exception), DVDs aren't as clear. Litigation is still pretty fresh (although there's at least one case that suggests copies are not provided for by the DMCA).

Quote:
Originally Posted by ryan69969 View Post
How many hours would you foresee in researching this one?
Probably like 1-2, but I'll bill for 4-5.

Last edited by Chordata; 09-24-2009 at 05:31 PM.
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Old 09-24-2009, 05:12 PM   #10
Uniquely Uniquely is offline
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Quote:
Originally Posted by O_V_N View Post
Pretty sure you're entitled to make personal back-ups.


Not in the US. It's in the DMRA (Digital Millenium Rights Act.) It is illegal to circumvent the copyright protections that exist on all commercial film releases. No exceptions. It has been this way since DVD. It's illegal to rip a copy to your PC at all... because you have to break the copyright protections to do so.
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Old 09-24-2009, 05:15 PM   #11
Chordata Chordata is offline
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Quote:
Originally Posted by robinandtami View Post
Not in the US. It's in the DMRA (Digital Millenium Rights Act.) It is illegal to circumvent the copyright protections that exist on all commercial film releases. No exceptions. It has been this way since DVD. It's illegal to rip a copy to your PC at all... because you have to break the copyright protections to do so.

I revised my post before you replied.

I disagree with you; it's not clear. There are not a lot of decisions on it. One of the few I'm aware of is being appealed. And that one was against a company that provided software that allowed ripping. It was not an action against individuals.
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Old 09-24-2009, 05:21 PM   #12
Uniquely Uniquely is offline
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Quote:
Originally Posted by O_V_N View Post
I revised my post before you replied.

I disagree with you; it's not clear. There are not a lot of decisions on it. One of the few I'm aware of is being appealed. And that one was against a company that provided software that allowed ripping. It was not an action against individuals.
That is the intent of the DMRA (that back up copies NOT be legal)... whether the courts actually back the MPAA up on that may well end up being a different story on appeal... but this being the USofA and all... I'm feel pretty confident that the DMRA will withstand legal challenge.
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Old 09-24-2009, 05:31 PM   #13
jw jw is offline
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You can make legal backup copies if you own and retain the original. I will tell you the average joe police officer doesnt give a rats @$$ about bootleg movies unless you are selling them.

based on what I have read its who interperts the law as one law contradicts the other

Quote:
The ability to create copies of the media you've purchased for personal use is a long-accepted facet of the fair-use doctrine in U.S. copyright law (at least, it used to be). However, the Digital Millennium Copyright Act (DMCA) states that it's illegal to break the CSS copy-protection mechanism employed by most commercial DVD movies. What does that mean? Most fair-use advocates say that the policy directly contradicts U.S. copyright law, but the DMCA seems to indicate that you cannot make a copy of a commercial DVD, even for personal use, and you certainly cannot give a copied DVD to anyone or watch copied DVD files on your computer. We assume that fair use will eventually catch up and be established as a safety valve for consumers (which has been the pattern with previous technologies, such as VHS), but for now, the territory is still uncertain and a bit dangerous.

Last edited by jw; 09-24-2009 at 05:34 PM.
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Old 09-24-2009, 05:35 PM   #14
Beta Man Beta Man is offline
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Quote:
Originally Posted by jwbbud View Post
I believe you are incorrect, You can make legal backup copies if you own and retain the original. I will tell you the average joe police officer doesnt give a rats @$$ about bootleg movies unless you are selling them.

based on what I have read its who interperts the law as one law contradicts the other
I was waiting for someone else to chime in first.... because I moved this here, and I know NOTHING about the legality of such things....

My Brother-In-Law makes back-ups of his DVDs because the kids scratch them up from abusing them, so he makes a couple at a time, and just replaces the "in-use" disc with a new one as soon as it becomes unplayable.....

I don't think making backups of Blu-rays would be very cost-effective though OP...... You're better off buying a new copy should you ever need one..... By the time you've worn out the scratch resistant coating, you'll be able to replace it for $8 or so
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Old 09-24-2009, 05:39 PM   #15
jw jw is offline
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Quote:
Originally Posted by robinandtami View Post
In the US at least... it wouldn't matter either way. It is illegal to circumvent the copyright restrictions that exist on every single commercial release, and that would be a necessary step in creating a "back up" copy; so the mere posession of a "back up" copy would be proof of criminal action.
haha, I share with my law enforcement family and friends, They could care less and enjoy what I share. Im just saying

I think its one of those laws that is use as needed and they turn their heads otherwise. I have a binder full of discs in the car for the kids....Not the original as its in the house.
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Old 09-24-2009, 05:44 PM   #16
Uniquely Uniquely is offline
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Quote:
Originally Posted by jwbbud View Post
haha, I share with my law enforcement family and friends, They could care less and enjoy what I share. Im just saying

I think its one of those laws that is use as needed and they turn their heads otherwise. I have a binder full of discs in the car for the kids....Not the original as its in the house.
I'm not saying that is a law that gets enforced, or even that it is a fair law. I'm just saying that it is the law.
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