Site News - TV-DVD Piracy (1 Viewer)

[ScottHH]

This is not ambiguous:
"The FBI Warning"

"Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000."

FBI link

Neither is this:
H.R.2281 Digital Millennium Copyright Act
Sec. 1201. Circumvention of copyright protection systems

(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

DMCA text

People break laws all the time. Although you can try and justify it, or you can believe that you won't get caught, the law is rather clear.

 

[Joseph DeMartino]

So, when you download files from the internet, you enter your cable account number or some other proof that you're a cable or satellite subscriber and therefore "entitled" to this content, right? Oh, you don't? Then how, even if your theory was correct, could anyone prevent millions of non-cable subscribers, or people who don't subscribe to particular premium services, from downloading the same content? Because acccording to your theory, as noted above, those people still have no right to that content because they aren't paying anyone for it. Why shouldn't the studios be able to shut down that channel of distribution while leaving the other means that you mistakenly think are legal in place?

Again, you can rationalize this stuff all you want, and raise a million and one "what ifs", but none of them change the clear letter of the law itself, which is not at all ambiguous.

Regards,

Joe

 

[Gary OS]

To the best of my knowledge/understanding as it regards any copying, Joseph is exactly right. Even when it comes to television, you technically are only allowed to record something for the purpose of watching it once (for lack of a better way of wording it). You are not supposed to record anything off tv for the purpose of "archiving" (i.e. keeping it so you can view it again and again).

And in reading this thread, all I'll add is that if anyone here who is rebuking others for "piracy" has ever recorded one movie or television show onto a tape or dvd and kept it for multiple viewing, you are a hypocrite according to the letter of the law. Now, do I think there's a difference between someone who records a show and then sells multiple copies for profit and someone who records a show for personal viewing pleasure? Sure. But the law technically doesn't. So be careful about chastising others - you may live in a glass house.

Gary "I have heard conflicting interpretations of copyright laws when it comes to backing up a personal copy of something you own - some say you can make a backup, and others say you can't" O.

P.S. Lest anyone misunderstand me, I'm not trying to be mean. I'm just pointing out that technically, you aren't supposed to record anything at all for the purpose of viewing it more than once. I'm totally against these pirate sites.

 

[Chris Bardon]

I had no idea that there was actually a decision saying that you could only record something for one repeat viewing. I can't remember when the case actually came up (at the time I just thought being able to tape cartoons on saturdays was cool), but I remember it being mentioned in Lawrence Lessig's book Free Culture.

Either way, this is the first time I've heard that it's illegal to archive your own tapes. I wonder if the law is similar here in Canada? I know we have a slightly wider definition of "fair use", and no DMCA-like laws...so far.

 

[Jay_B!]

I think the companies should do this to combat piracy.

Exclusively offer custom titles online for titles they don't trust will sell. Make it very bare-bones, no extras, no-frills packaging (maybe just a white box with the title and season on it) and sell them at maybe $5 less than what it'd cost in the store.

Do that kinda like a lot of record companies will offer custom cd's for a price. Therefore people who want seasons 3-7 of Mad About You have a LEGAL way to obtaining those episodes without hearing from the pulpit how bootlegging is bad, even though Sony already said they don't intend on finishing the series.

 

[Kevin/M]

Kinda Relevant to this topic: The Most Recent FBI Warning Played Before Each DVD (2001-) Now bans export as illegal, but that doesn't stop epople from sellling DVD's to people outside of their region (nor does it stop region-free DVD players from poppinh up), but it's still illegal.

 

[Will_B]

Indeed, it is not ambiguous. May as well forget about courts and just let the FBI make declarations.

 

[Vincent Matis]

Don't know if its the case in North America, but here in Europe, Courts of Justice are still sending contradictory judgements about this subject. For some Courts, the "sharing" part is the illegal component of the P2P. Basically, you can legally download movies, music from any P2P, but you cannot share or upload...

 

[Marko Berg]

I think what is meant here is the exportation of copyrighted works for mass distribution. Copyrights and distribution rights vary by region. As far as I know, exporting a DVD title by selling it to a foreign private consumer for personal use is legal in the United States.

Also, DMCA issues (that have not been fully tested in courts) notwithstanding, modifying a DVD player to become region-free or importing a region-free player is legal. Region coding is not copy protection, it's a marketing restriction.

 

[Duane Alford]

There's nothing muddy about it. Jerry Jarrett owned all the Memphis footage. When he sold the promotion to Jerry Lawler, he sold all the footage to him as well. Lawler owns it all now and he has let WWE use some of it.

 

[Joseph DeMartino]

Legislatures, not courts, make law. The FBI enforces applicable federal law. The "FBI" warning is not a unilateral "declaration", it is precisely a warning that they are the body charged by Congress with enforcing the laws Congress has enacted. Maybe this whole issue would be easier for people if they generally had some clue about how laws work.

Regards,

Joe