Yes i must agree that making a DVD backup is something very useful as it stops you damaging the orginal DVD Disc that you paid all that money for. Just like people use to back up video tapes and Audio CD's.
However since this is an illegal activity under new copyright laws brought in when DVD standard went commercial, you might want to put a note on your article to that affect.
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Doesn't the DMCA state that it's illegal to break the copy protection on the DVD....which contradicts the copyright law that says you can make a copy for personal use...so unless you somehow copy the DVD without affecting the copy protection, you're breaking the law....
Thats correct the DMCA replaces the orginal copy right as far as digitally protected media is concerned. So sadly fair use act does not apply. Anything that has digital protection such as DVD's and some new Audio CD's, copying those items is in fact illegal because in order to copy them you have to use programs such as dvd shrink to decrpyt the protected media.
People who have been fined for copying have tried to use the old fair use scernerio and i do agree with it totally. You should be allowed to make a copy of something that you own just as the orginal copyright act stated, however everyone who used that for there defense still lost because DMCA counteracts there argument.
Well, the jury is still out on a few things, but in the US the DMCA indeed limits your options for doing this. Although I doubt the police will be at your house with an arrest warrant if you lend backups to friends and family. I would definitely sue them back for the fact that according to the DMCA I have bought the right to use the content, but I can no longer do that due to the fact that the disc is scratched, and they're not willing to replace it free of charge, hence I make backups. I'd like to see how that stands up in court, might very well be that the manufacturers will be forced to exchange defective discs if you indeed bought the right to use the content. As long as you don't start supplying friends and family with free backups I think you should be alright, and honestly your gutt feeling should tell you that already, no need for me to tell you right?
Unfortunately, everyone that copies movies " makes backups to prevent damage to the originals" does it with the same " for my own personal use" reasons you state. Some make a copy of their friends movie or the rental movie to prevent the originals from being damaged. Lets call it what it is, stealing.
- my ex-GF (theft); she's got 4 of my DVD's and a dozen CD's
- several one-time acquaintences (theft); loaned out DVD's / CD's and never returned
- my cousins... all sub-14 yr. olds (destruction of property); borrowed/watched VHS tapes, DVD's and damaged them beyond use
- my Dad (destruction of property); crushed a Rainbow 6 game CD that I loaned out to my brother, and brother was playing it past curfew (when brother lived at home)
... ad nauseum.
Kinda petty, isn't it? Kinda childish?
Yeah, I thought so. Hey, let me make a copy of that, so I don't have to worry about your dog eating it before you can return it. Or before my 3 year old neice draws on the DVD with her Barbie Magic Marker. Or before you and I get into an arguement, and you never want to see me again.
Stranger things have happened.
And another thing as a point of discussion... Kirk, I'll say this as civilly as possible -- you really have to get the definition of "stealing" straight before one can apply "stealing" to this argument.
Want to speed up commerce in the USA? Privatize the US Post Office, and turn it into a free-enterpise company that has to actually compete on the open market, instead of hide behind the government's skirt.