is making backups of DVD's illegal

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  • thecavemankevin
    the living un-banned
    • Feb 2001
    • 4346

    #1

    is making backups of DVD's illegal

    I have been doing a little research on this topic and am curious what you all think. I want a friendly debate/conversation with no flaming. I also do not want any discussion on how to do it seeing as potatoboy and gunga have a fit if it is discussed. From what potatoboy thinks it is illegal to make back ups of DVD's according to a thread he recently closed. however i dissagree.

    Originally posted by potatoboy
    Making a backup of a video cassette is legal.

    Making a backup of a DVD/PS2/Xbox game is illegal because in order to do so you *MUST* break the encryption on the disk.

    Because of this all companies will send you a new copy of that disk if you contact them and make arrangements to send them your damaged copy.

    Thread Locked

    Added- Before anyone starts talking about backup MP3s as well, keep in mind that a backup must be in the same form as the original persuant to US copywrite laws.
    now from what i have found potatoboy is right when he spoke of breaking encryptions and being illegal. this according to 1998 Digital Millennium Copyright Act it is illegal to break encryptions to make duplicates of any form.

    However, if a game/DVD/software does not have any form of encryption or CSS protection it IS NOT ILLEGAL to make a back up. Most movie DVD's seem to have this protection, where as many games do not, thus makeing it legal (at least for now). DVD-Xcopy went around this encryption thus making it an illegal program which is why it is no longer legally sold.

    so in a friendly manor what do you all think? should it be illegal to make a back up of your legally purchased media as long as you don't sell or distribute it? How long do you think before it will be illegal to make any form of duplication of these medias if at all.

    finally: to gunga and potatoboy, if this becomes a flame fest then fine, close it. but in the mean time please don't since it doesn't violate (nor HAVE ANY OF MY PREVIOUS THREADS) any of AO's rules (and if you feel they do, please show me the rule that it does violate seeing as i can't find a single one).


    Quote: MarkM
    "virus attacks have been dealt with, same with back door nasties. ."

    My feed back
  • Chronobreak
    Rec Poster
    • Mar 2003
    • 5055

    #2
    tato is a nazi btw

    i feel that the dmca is infact infringing OUR rights as consumers.

    If i own something i should legally have the write to back it up as long as im not selling them etc etc.

    btw cds are very easy to break or damage....should said instanve happen you are then stuck $15 for aew one...if you own it make a copy.

    if you rent it or dl it..dont copy it....that simple.....theoreticaly if you dl a movie and watch it and delete within 25 hrs no law has been broken....

    laws on this are iffy and btw if you own the dvd no fuss is going to be made( they dont want to risk having the law reveresed and being unconsitutional or w/e)

    Comment

    • Will Wood
      Evil Monkey
      • May 2002
      • 3475

      #3
      Drop it. What they say goes. They don't have to be right or have reason.


      And did you try searching google for this? I did a google search for the same topic on xboxs and got tons of results.. I'm sure the answers are out there. Try..

      Comment

      • rkjunior303
        I need this more than you
        • May 2003
        • 4029

        #4
        I've always thought copywrite rules were written as such to allow -one- personal backup copy of a video/cd/dvd/software/etc for personal use only on a product that was PURCHASED by the person doing the backup.

        But, they could have changed that.

        PBN Feedback AO Feedback eBay Feedback

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        Comment

        • xballfan780
          Behold the power of a Mag
          • Dec 2004
          • 135

          #5
          In before the lock

          Comment

          • thecavemankevin
            the living un-banned
            • Feb 2001
            • 4346

            #6
            Originally posted by xballfan780
            In before the lock
            then you need this


            Quote: MarkM
            "virus attacks have been dealt with, same with back door nasties. ."

            My feed back

            Comment

            • fire1811
              Firefighter
              • Nov 2002
              • 4930

              #7
              its still really up in the air, on can you or cant you make backup of your own dvd collections.

              i think it should be legal since i spend 20$ on a movie i should be able to make a copy incase it is destroyed.
              either that or let me register my copy and if i lose/break/wear-out my copy they give me a new one free of charge........yeah they might do that
              "The Few Who Do Are The Envy Of The Many Who Only Stand And Watch"

              Alway Remember *343*

              Si vis pacem, para bellum

              Comment

              • thecavemankevin
                the living un-banned
                • Feb 2001
                • 4346

                #8
                Originally posted by Will Wood
                Drop it. What they say goes. They don't have to be right or have reason.


                And did you try searching google for this? I did a google search for the same topic on xboxs and got tons of results.. I'm sure the answers are out there. Try..
                yes, i did a search and got results. however, since i trust AO's collective opinion i figured i'd ask here to see if anyone has experience with it. but the facist regime didn't like that....but enought about that lets get back on topic


                Quote: MarkM
                "virus attacks have been dealt with, same with back door nasties. ."

                My feed back

                Comment

                • thecavemankevin
                  the living un-banned
                  • Feb 2001
                  • 4346

                  #9
                  Originally posted by fire1811
                  its still really up in the air, on can you or cant you make backup of your own dvd collections.

                  i think it should be legal since i spend 20$ on a movie i should be able to make a copy incase it is destroyed.
                  either that or let me register my copy and if i lose/break/wear-out my copy they give me a new one free of charge........yeah they might do that

                  see, thats another thing, what if you loose it? if you have a back up your all set. i frequently make a copy of music cd's. One disk for each car or the car and the house. That way i don't have to worry about transporting them back and forth. Plus for a while i had to park in an area where i was worried it would get broken into. so i made copies of all my cds and kept the backups in there in case they were stolen, i still had the originals.


                  Quote: MarkM
                  "virus attacks have been dealt with, same with back door nasties. ."

                  My feed back

                  Comment

                  • Acer12
                    "Let There Be Rock" AC/DC
                    • Oct 2003
                    • 274

                    #10
                    its only illegal if you try to sell them. but if it for yourself its fine. at least thats what i have heard
                    Aim 21 eagle cocker w/ eblade 4 sale see link
                    MY GUN

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                    • thecavemankevin
                      the living un-banned
                      • Feb 2001
                      • 4346

                      #11
                      Originally posted by Acer12
                      its only illegal if you try to sell them. but if it for yourself its fine. at least thats what i have heard
                      and that is what my research has proven, thus disproving tato's coment and likely gungas opinion


                      Quote: MarkM
                      "virus attacks have been dealt with, same with back door nasties. ."

                      My feed back

                      Comment

                      • Potatoboy
                        Hamburgers should be high

                        • Sep 2001
                        • 2533

                        #12
                        However, if a game/DVD/software does not have any form of encryption or CSS protection it IS NOT ILLEGAL to make a back up. Most movie DVD's seem to have this protection, where as many games do not, thus makeing it legal (at least for now).
                        All PS2 games and all Xbox games have copy protection. The very fact that they're on a non standard medium is copy protection. CSS isn't the only copy protection subject to the DMCA

                        i feel that the dmca is infact infringing OUR rights as consumers.
                        I never said I disagreed with you, or that I agreed with the DMCA.

                        theoreticaly if you dl a movie and watch it and delete within 25 hrs no law has been broken....
                        Since when do movies come with trial periods?
                        By law this is still illegal. You will find some sites offering movies, or games, saying that it's OK to play them for a period if you delete them. This has no legal bearing and is entirely false.

                        I've always thought copywrite rules were written as such to allow -one- personal backup copy of a video/cd/dvd/software/etc for personal use only on a product that was PURCHASED by the person doing the backup.
                        This is true, however the copy must be made without using any decryption of copy protection, and the copy must be in the same medium as the original.

                        MP3s are not CDs etc.

                        Techinically this does mean that if you purchased an application on 3.5 floppies, condensing them onto a CD-R is illegal.

                        Also, PS2 Disks and Xbox disks are not standard DVD-Roms. This is why even buring a copy to DVD of this is illegal, and coincedentally, it is why doing so requires software specifically designed to do it.

                        i think it should be legal since i spend 20$ on a movie i should be able to make a copy incase it is destroyed.
                        either that or let me register my copy and if i lose/break/wear-out my copy they give me a new one free of charge........yeah they might do that
                        They do, they have to. If you have a trashed CD/DVD/Game they will replace it for you. This is now standard company policy at most places, and if not, it'd be dealt with on a case by case basis.

                        yes, i did a search and got results. however, since i trust AO's collective opinion i figured i'd ask here to see if anyone has experience with it. but the facist regime didn't like that
                        We've already established that these discussions are covering both an illegal topic, and one that has gotten many websites closed without any warning.

                        see, thats another thing, what if you loose it? if you have a back up your all set.
                        Legally it's assumed that the disc itself is the license to have the material, unless there is a sperate license included with it (such as with some software) If you lose a 20 dollar bill that doesn't mean you can then steal the CD that you were about to buy with it.

                        One disk for each car or the car and the house. That way i don't have to worry about transporting them back and forth.
                        This would likely fall under fair use.
                        Potatoboy!

                        Comment

                        • Potatoboy
                          Hamburgers should be high

                          • Sep 2001
                          • 2533

                          #13
                          Originally posted by Acer12
                          its only illegal if you try to sell them. but if it for yourself its fine. at least thats what i have heard
                          Incorrect, let me summarize from the DMCA:

                          If you have to break a copy protection to copy it, you legally aren't allowed to.

                          If it's going to be on a different medium (XBox disk to standard DVD) you legally can't copy it.
                          Potatoboy!

                          Comment

                          • Acer12
                            "Let There Be Rock" AC/DC
                            • Oct 2003
                            • 274

                            #14
                            whats your big deal patatoboy if this guy wants to copy a dvd he already owns. or if a guy wants to mod his xbox, or ps2. thats their deal not yours. its like what music artists say. hey if you download music thats fine. just find some other way to support them. like going to concerts, byeing a band t-shirt, or somthing. i say let it go
                            Aim 21 eagle cocker w/ eblade 4 sale see link
                            MY GUN

                            Comment

                            • Potatoboy
                              Hamburgers should be high

                              • Sep 2001
                              • 2533

                              #15
                              Originally posted by Acer12
                              whats your big deal patatoboy if this guy wants to copy a dvd he already owns. or if a guy wants to mod his xbox, or ps2. thats their deal not yours. its like what music artists say. hey if you download music thats fine. just find some other way to support them. like going to concerts, byeing a band t-shirt, or somthing. i say let it go
                              The big deal is that it's illegal and I'm a moderator of this board.

                              I never said installing a mod chip is illegal, but making/downloading backup games is.

                              I agree with one thing you said though, if you want to do it, fine.

                              Just don't talk about it here.
                              Potatoboy!

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