Burnable CDs reloaded
p2pnet.net News Feature:-The story on BMG’s decision to try Sunncomm technology (again) to stop people from copying CDs (again) inspired quite a few Readers’ Writes.
Here’s one, possibly from Canada.
Now read on >>>>
"…involved in illegal things like cd and dvd copying."
"Technically it is illegal to burn even music cds."
Buzz, wrong, but thanks for playing.
Fair use means that I can (or rather should be able to) create a copy of any music CD or DVD that I buy for personal backup purposes. And that is the law in this free country, protecting my rights, thank you very much.
In the olden days, when my car tape player used to chew up tapes for a hobby, I’d never dream of putting an original tape in there. I’d make a copy (on a tape to tape machine), and play the copy, until it wore out or broke, then I’d have to make a new copy.
Same with CDs (and DVDs). I buy a CD, burn the contents into MP3 format as a back up. Then store the CD away somewhere nice and safe. I can then listen to the music (that I’ve paid a licence for) on my iPod, or in the car or round a friends house and so on, without worry of damaging/losing the original CD.
If, and this is a big if, I were to sell/give the original away and keep the copies, or give a copy away and then make another copy from the original, *then* it’d be illegal.
But it is my legal right, to be able to back a backup copy for personal use. A right protected by law. If a DVD comes out with protection on it that means I can’t make a backup copy, then that’s infringing my consumer rights.
I’ve paid for the DVD (or rather a licence to watch the contents) and the DVD gets scratched or damaged, I still *own* the rights to watch the contents, that’s what I paid for. I can infact legally download a copy, because I *still own the rights to view that content* as long as I own the original (abet now damaged) DVD.
But because of copy protection placed on the DVD I can’t make my own back-ups (as I should legally be allowed to do). So I have to resort to either using some method to get around the copy-protection to make my own legal backup, or downloading a copy.
Of course I could go out and buy a new DVD of the same film. But then I end up owning 2 licences to view the same content.
It’s the content (film/music) I’m buying not the medium it’s delivered on.
CD and DVD copying is not illegal, burning CDs is not illegal. Selling/giving away copies to people who haven’t purchased a licence for that content *is* illegal. Don’t get the two confused.
There are many of us legit users out here who don’t break the law, who are being either forced to not buy new CDs because we can’t make backups, or have to use programs that are deemed illegal to make our legal backups.
June 3rd, 2004 at 9:35 pm
I agree totally when you say,
“I’ve paid for the DVD (or rather a licence to watch the contents) and the DVD gets scratched or damaged, I still *own* the rights to watch the contents, that’s what I paid for. I can infact legally download a copy, because I *still own the rights to view that content* as long as I own the original (abet now damaged) DVD.”
however, Jack Valenti spoke once (and I paraphrase) that if you scratch or break a DVD you should just go out and buy a new one, effectively defecating on the ‘fair use’ rights we have enjoyed and perhaps taken for granted for so long.
I think I actually saw his statement originally on this site sometime ago.
June 3rd, 2004 at 9:47 pm
Yup, that’s Jack for you. What he REALLY wants is for you to pay EVERY TIME you watch a movie or hear a song. And the warnings they put on the DVDs (and prerecorded VHS movies) make it sound as if it is illegal to make a personal back up as well. Jeez, the warnings make it sound like the stormtroopers will smash your door in the second you hit “rip” and throw you directly in prison… Perhaps it’s all in the language. I believe it says “unauthorized” duplication, so if I purchased the CD or DVD I am authorized to make a personal back up, but if I do I am violating the DMCA…
June 5th, 2004 at 5:51 pm
No, actually, that is not true. It is illegal to make a copy of any work without permission from the author of the work. This is basic copyright law. It is not often enforced, but the the idea of making a “back-up” is a silly techie notion. You can back-up what you like, and probably get away with it. But don’t kid yourself, it *is* against the law.
ja
June 5th, 2004 at 5:54 pm
yeah, your presupposition is wrong. you are not entitled to a “back up”. if the DVD craps out, you can return it to the vendor, exchange it for a new copy. you’re not fooling anyone with this “back up” nonsense. you are merely a consumer, and you are entitled only to what you pay for. that is the capitalist system we live in. c’est la vie.
seriously, the law states that *any* unauthorized (meaning without direct permission from the author of that work) copying is illegal, and that is what the FBI warning is all about.
wake up, techies. its not the brave new world you thought it was. its just the same old crap with a new interface.
June 5th, 2004 at 5:56 pm
you wrote:
“In the olden days, when my car tape player used to chew up tapes for a hobby, I’d never dream of putting an original tape in there. I’d make a copy (on a tape to tape machine), and play the copy, until it wore out or broke, then I’d have to make a new copy.”
Yes, that is touching. But its not a legal argument.
June 7th, 2004 at 4:34 am
In Canada, the rules for fair use stem from Mix tapes.
I can lend you my Album (then vinyl was popular) or CD, etc, and you can listen to it, make mixed tapes, etc. I merely lent you my possession. NOT Illegal – at least not here in Canada – and judges have ruled it is COMPLETELY within our rights as Canadians to make said mixed tapes.
However, it is NOT legal for ME to copy the CD/etc and give a full copy to you. That would be infringement.
Now, judges have recently re-affirmed this right with the file sharing analogy; ie: a shared file on the internet is akin to a photocopier in a library. Sure, it’s potentially available to millions, but will they really all copy it? (Which is – of course – the argument RIAA and CRIA use when trying to stomp on fair use rights and subpoena users illegally).
Mixed tapes are not illegal, nor are mp3 backups.
When they make them illegal in Canada, about 30 years of history will go up in smoke… but then… since people here pretty much ignore pot laws too, I suspect the CRIA will be shown the door as well.
One final thing: WE PAY FOR THE RIGHT TO INFRINGE here in Canada, taxes are levied on EVERY SINGLE CD sold, as well as digital Audio, MP3 players, and cassette tapes. This money GOES TO CRIA (and they give it to the artists… ya RIGHT), to compensate them for this infringement.
We don’t (YET) pay for DVD’s, but I suspect it is a matter of time.
I hope the first person to be sued brings up this whole tax issue, and kicks their arse outta court. It’s about time.
My only fear is that spineless Canadian Politicians (The only kind here) will give in to big business and enact some draconian laws like they have in the US.
The thing that galls me is they say “we are losing money” but it’s lost INCREASES in sales they are quoting.
Well sheesh. How can you lose something you never had? Especially in light of all the things people do INSTEAD of watching TV, listening to music, or renting movies? Y’know, 128 channels to surf, games to play, websites to put anon comments on… etc…..
June 8th, 2004 at 9:10 pm
“if the DVD craps out, you can return it to the vendor, exchange it for a new copy.”
Are you sure about that?
August 3rd, 2006 at 11:00 am
absoulte nonsense. Dick.