[linux-elitists] Limits on fair use

Heather star@betelgeuse.starshine.org
Wed Jun 28 08:04:25 PDT 2000


> <I think this is an elitist topic. If you disagree feel free to flame
> me. I have really thick skin and an almost infinite capacity to ignore
> people.>
> 
> I know none of you are lawyers but the DeCSS/DVD issue has had us all
> doing reasearch about the legal isses around copyright. From what you
> guys understand about the legal ramifications of the fair use
> exemption to copyright are these scenerios legal:
> 
> Scenerio 1:
> 
> I have a cassette tape version of an album that I bought at a music
> store from back in the days when you could music on something other
> than CD. A friend has a CD of the same exact album. If I dupe the CD
> is the duplicate an illegal copy?
 
#include <I-am-not-a-lawyer.disclaimer.h>

Yes.  In theory it could have been remixed.  You have a right to archival
backup of the media you bought, and (I think) transformation of that media
to a modern format therefore - so sucking it into your computer via the 
stereo port, and thence burning it to CD yourself is ok, and playing your
archival CD as primary and storing the tape too.  But that's still YOUR copy.  

Your friend has a right to make a backup for HIMSELF but not to give it to you.

> Scenario 2:
> 
> I  believe that DVD  players will  play unencrypted  DVD's as  well as
> encrypted  DVD's (right?). Could someone   make a business where  they
> sold unencrypted versions of DVD movies. The tricky  part would be for
> every DVD sold he would   go to the  local video   store and buy   the
> encrypted version of the DVD destroy the original media and replace it
> with an unencrypted version that he purchased.
 
Am thinking no.

> -ben
> 
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