[linux-elitists] Limits on fair use

kmself@ix.netcom.com kmself@ix.netcom.com
Tue Jun 27 20:12:46 PDT 2000


On Tue, Jun 27, 2000 at 02:55:14PM -0700, Don Marti wrote:
> begin  Ben Woodard quotation of Tue, Jun 27, 2000 at 01:41:55PM -0700:
> 
> > 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?
> 
> See the mp3.com case. Just because you would be allowed to copy
> media you own does not necessarily mean that you are therefored
> allowed to get a copy of the same work made from someone else's media.
> http://www.virtualrecordings.com/riaamp3.htm
> 
> > 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.
> 
> This is what DMCA is all about.  Currently you can do cd->mp3, cd->tape,
> or cd->cd-r copying for personal use.  However, DMCA changes the 
> rules without changing the rules.  It still allows you to make the
> copy, but it doesn't allow you to circumvent any device that prevents
> you from making a copy, so it _indirectly_ outlaws fair use.
> 
> New media formats will all include some trivial "copy protection"
> scheme, so that any technology for making a copy, even a legitimate
> one, will be banned by DMCA.
> 
> http://www.tuxers.net/dmca/ looks promising -- anyone else have 
> a recommended intro to DMCA?  And if we all volunteered for Friends
> of the Library, would we be safe?

IANAL but I play one on the net.

Concur with both Don's statements.

-- 
Karsten M. Self <kmself@ix.netcom.com>         http://www.netcom.com/~kmself
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