Copyright in practice (GREAT business idea!) - Club CDFreaks

sicc · 10-06-2004

Hi,

The following sounds like a great business idea:

- Set up a website.
- When a user log’s in on the website he/she can buy DVDs.
- When a user bought a DVD he/she can directly download the content of the DVD. This download of the DVD could be in a compressed form (Divx/etc.).
- When the user downloaded his/her (divx) version of the movie he/she can re-sell his/her

DVD.
- Another user can buy this DVD and take the same steps….

Is this legal?

**G@M3FR3@K** · 10-06-2004

No it's not since you are not allowed to make more than one personal copy of a DVD. You're making several copies of the same disc which is not allowed. When someone buys the DVD online you must send them the physical disc and not a copy. This website can help you out http://www.euro-copyrights.org for more info on copyrights.

**MP|3** · 11-06-2004

It is not completely true. Your are allowed to make a private copy of a DVD. Also 2, 3, 4 or maybe 5. When you have 3 CD players in your home, an mp3 player and a stereo in your car you can defend that the copies you made are for private use. As long as you keep them private (so you can't sell them). So you can make several copies.

Then your idea; this could be true. The questions is how the judge (or first several other organisations like (here in the Netherlands) buma/stemra and stichting thuiskopie) will think about this. You can question whether the copy you buy is really from YOU because you don't get a real copy (like in the stores). It is a bit gray area. The facts in this case determine whether it is illegal and you can be sure that the judge is smart enough to see through it.

By the way, this is not a new idea. Here in the Netherlands recently a company started with this idea and now has around 60 customers. See
http://www.webwereld.nl/nieuws/18559.phtml for more information (Dutch only). (This company is now also in huge troubles because the supplier of their technical system is going bankrupt

)

Interesting case by the way...

**Da_Taxman** · 11-06-2004

I'd say that when you rent a movie, you have a license to view it for a certain amount of time. You don't own the movie, nor do you in the case presented above.

As far as I know you should destroy all copies (or give them to the buyer of the original) when you sell / give away the original.

**MP|3** · 11-06-2004

Quote:

Originally Posted by Da_Taxman

As far as I know you should destroy all copies (or give them to the buyer of the original) when you sell / give away the original.

No this is also not true as far as I know. You can still have a personal backup when do not have the original.

On www.euro-copyrights.org it states for the Netherlands;

Quote:

Dat hangt af van de inhoud van de CD of DVD. Als er een film of muziek op staat, mag je een privé-kopie maken. Je hoeft daarvoor geen origineel te bezitten. Het mag dus met een geleende CD of DVD.

Be aware that in different countries you can have different legislation.

**MP|3** · 16-06-2004

More information about DVDStream.nl today (sorry Dutch only)

Quote:

* Brein sleept Dvdstream.nl voor de rechter
Stichting Brein spant een kort geding aan tegen Dvdstream.nl.
Volgens de piraterijbestrijder is de online dvd-verhuurder
illegaal bezig.
http://www.webwereld.nl/nav/nb?18811

10-06-2004	#1 (permalink)
sicc New on Forum Join Date: Jun 2004 Posts: 1	Copyright in practice (GREAT business idea!) <a href='http://adstats.cdfreaks.com/www/delivery/ck.php?n=a13febf7&cb=INSERT_RANDOM_NUMBER_HERE' target='_blank'><img src='http://adstats.cdfreaks.com/www/delivery/avw.php?zoneid=30&cb=INSERT_RANDOM_NUMBER_HERE&n=a13febf7' border='0' alt='' /></a> Hi, The following sounds like a great business idea: - Set up a website. - When a user log’s in on the website he/she can buy DVDs. - When a user bought a DVD he/she can directly download the content of the DVD. This download of the DVD could be in a compressed form (Divx/etc.). - When the user downloaded his/her (divx) version of the movie he/she can re-sell his/her DVD. - Another user can buy this DVD and take the same steps…. Is this legal?

10-06-2004	#2 (permalink)
G@M3FR3@K Senior Moderator Join Date: Mar 2000 Location: Utrèg, The Netherlands Posts: 8,777	Re: Copyright in practice (GREAT business idea!) No it's not since you are not allowed to make more than one personal copy of a DVD. You're making several copies of the same disc which is not allowed. When someone buys the DVD online you must send them the physical disc and not a copy. This website can help you out http://www.euro-copyrights.org for more info on copyrights. __________________ CDFreaks.com - Independent CD and DVD recording news around the clock! I do not provide support via PM or e-mail, use our Forum instead. Need some help? Please use our search function first. When asking for help, please detail your problem! Become a member of this forum, it's free! Register here!

11-06-2004	#3 (permalink)
MP\|3 CD Freaks Management Join Date: Aug 1999 Location: CD Freaks HQ Posts: 1,189	Re: Copyright in practice (GREAT business idea!) It is not completely true. Your are allowed to make a private copy of a DVD. Also 2, 3, 4 or maybe 5. When you have 3 CD players in your home, an mp3 player and a stereo in your car you can defend that the copies you made are for private use. As long as you keep them private (so you can't sell them). So you can make several copies. Then your idea; this could be true. The questions is how the judge (or first several other organisations like (here in the Netherlands) buma/stemra and stichting thuiskopie) will think about this. You can question whether the copy you buy is really from YOU because you don't get a real copy (like in the stores). It is a bit gray area. The facts in this case determine whether it is illegal and you can be sure that the judge is smart enough to see through it. By the way, this is not a new idea. Here in the Netherlands recently a company started with this idea and now has around 60 customers. See http://www.webwereld.nl/nieuws/18559.phtml for more information (Dutch only). (This company is now also in huge troubles because the supplier of their technical system is going bankrupt ) Interesting case by the way... __________________ - Robin Join our Digg Team & help us out!

11-06-2004	#4 (permalink)
Da_Taxman Senior (non-technical) Admin Join Date: Mar 2000 Location: Eindhoven, The Netherlands Posts: 13,540	Re: Copyright in practice (GREAT business idea!) I'd say that when you rent a movie, you have a license to view it for a certain amount of time. You don't own the movie, nor do you in the case presented above. As far as I know you should destroy all copies (or give them to the buyer of the original) when you sell / give away the original. __________________ By registering to our forum you accepted our rules and policies (Dutch), so respect CD Freaks by respecting these rules and policies; Please read these helpful tips and links for all (newbies and oldtimers) Please describe your problem as clear as possible in your topic title, so that others can see what it is about and are more inclined to help if it is something they know something about; I do not provide technical support over E-mail or Private Message (emails with such requests will be bounced); Please post your questions as clear as possible, so others can help you get a correct answer sooner; Please use our search, you might get an answer to your question sooner that way; For any forum related issues you can contact me through PM; I don't dislike newbies, just lazy people who expect others to do their work for them.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Staple's dubious 110% PM practice.	Techson	CD Freaks Bargain Basement	20	26-03-2007 21:54
Great deal on a great hdd	maineman	CD Freaks Bargain Basement	1	24-07-2006 15:34
Burn DVD @ 16x, Good idea or bad idea??!	willno2	Burning Software	3	12-01-2006 10:57
Great idea for the Forum members	hany321	CD Freaks Forum Talk	1	31-08-2004 20:08

Commercial message
<a href='http://adstats.cdfreaks.com/www/delivery/ck.php?n=a5c5554b&cb=INSERT_RANDOM_NUMBER_HERE' target='_blank'><img src='http://adstats.cdfreaks.com/www/delivery/avw.php?zoneid=29&cb=INSERT_RANDOM_NUMBER_HERE&n=a5c5554b' border='0' alt='' /></a>