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| Music Download, Peer to Peer (P2P) & Legal Issues Discuss Music download services, peer to peer networks (P2P) and other digital music and legal issues. Peer to Peer and downloading music are todays HOT issues. Discuss here the likes of KaZaa, Ares, Overnet and Edonkey and their legal issues. |
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| | #1 (permalink) |
| CDFreaks Resident Join Date: Sep 2003 Location: West Texas
Posts: 2,222
| Downloading Movies...a changing environment on the net Here at cdfreaks there is a longstanding policy of not helping people with illegally downloaded movies. Laws on this subject vary according to which country you live in, but moderation here generally shuts down discussions that openly admit downloading copyrighted material. I don't have much problem with this, but it may be time to review implementation of this policy. Downloading services, legal ones, are beginning to show up on the internet. Two have been in existence for almost two years now. Movielink and Cinemanow offer full movies for download, some can even be burned to dvd. Most are still in .wmv format with Microsoft's drm applied. Since we help with breaking encryption and converting formats for personal use, I don't see a conflict helping with these types of downloads. The problem will be keeping up with the types of video available for download, the various sites that are actually legal to obtain these videos and differentiating between purchased video and rentals. Perhaps we should simply ask that people posting in the forum specify exactly what type of video they have and their source? Right now it is "don't ask don't tell" for most of the video discussions around here. But on something that is obviously copyrighted, is it possible to ask for a source before automatically shutting down the thread? I believe we are just at the beginning of downloading video over the net. The situation is going to get more complicated. |
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| | #4 (permalink) |
| CDFreaks Resident Join Date: Sep 2003 Location: West Texas
Posts: 2,222
| Re: Downloading Movies...a changing environment on the net Fair use rights are extremely complicated, and even copying entire works are not always seen as violating copyright. Breaking encryption is specifically prohibited by the DMCA, but fair rights use predate it, and there are laws and court cases that allow certain types of copying for personal use in the US. Look up the Betamax time shifting case and the Home Audio Recording Act. There is one section (1201) of the DMCA which disallows circumvention, but Section 1201c also states: (c) Other Rights, Etc., Not Affected.— (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title The anti-circumvention section of the DMCA has not been challenged on the basis of individual, non-commercial use, either for making backups or for format shifting. The media companies don't seem eager to bring this sort of thing to court either. I'm not sure how the courts would rule on it. Owning the physical media shouldn't really matter. This isn't just a discussion of dvds. If you buy the video online, you should still have the right to view it as you see fit, even if that means breaking the drm that is added so you can change the format to play on all your media players. |
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| | #5 (permalink) | |
| CD Freaks Member Join Date: Feb 2005
Posts: 168
| Re: Downloading Movies...a changing environment on the net What's your comment about Amazon Unbox, Kerry56. Especially when you purchase the digital download (not Rent to watch), where the Terms of Use stated that: Quote:
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| | #6 (permalink) |
| CDFreaks Resident Join Date: Sep 2003 Location: West Texas
Posts: 2,222
| Re: Downloading Movies...a changing environment on the net It seems to me that Unbox is trying to find a solution that allows you to back up your purchases safely and still control the use of the product. I personally don't agree with the idea that the company that sells me the content should tell me how to use it. The manner in which the material is delivered is immaterial. If I buy a book and decide I want to scan it all into my computer to read it there, or on a portable device of some sort, I have that ability. The same should apply to digital media. If there is a circumvention program for Unbox material, I would see no problem talking about it or using it myself. Though I would never actually buy into this service knowing the restrictions they are trying to place on the content. |
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| | #7 (permalink) |
| CD Freaks Member Join Date: Feb 2005
Posts: 168
| Re: Downloading Movies...a changing environment on the net Ok now since you know about amazon unbox and the US law, do you think if people asking help how to backup amazon unbox movie, it will be legal or allowable here @cdfreaks? |
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| | #9 (permalink) |
| Legal Senior Admin Join Date: Jun 2002 Location: True Blue
Posts: 6,736
| Re: Downloading Movies...a changing environment on the net The forum, being based in the Netherlands, is required to comply with Dutch law not US law.
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