Question?

[vic102482]

Is it illegal in the United States to sell how to backup DVD guides?

[benedict]

Freedom of Speech covers you. Most however put in some sort of disclaimer regarding using the material only for legal copying.

[Batman]

It falls in the "infamous" gray area Depending on who you talk to, it could be legal/illegal.

[khp]

It pretty much has DMCA written allover it.

[Batman]

Originally posted by khp
It pretty much has DCMA written allover it.

I agree. It is a fairly "risky" business.

[Enchanter]

Sell how-to-backup-DVD guides? With a number of excellent guides freely available on the internet, your market for consumers is rather difficult.

[benedict]

Market is difficult? Perhaps, but I eat freeware for breakfast, lunch, and dinner. If the market were really so questionable, I'd question why anyone would much bother to buy software at all. I can tell you for certain that there is far little that I cannot get done with freeware that people pay money to do. But of course, all we are saying here is that far too many are willing to spend money without doing their basic research.

As to questionable legalities, there is not question as to a person's right in this country to say anything but "FIRE!" in a crowded theater. Of course, that is not to say that every Hollywood lawyer will not bust your in-box with outrageous legalease threatening your swift arrival in hell should you not stop. Of course, they too are allowed to do that under free speech.

But let's face it: They can't even win their cases too much regarding fully-copyrighted material. Does anyone really think they are going to waste their time getting egg on their faces trying to argue that merely discussing this is a breach of the copyright laws?

As to this forum, we have many thousands of members, and thus provide a wide target. That is entirely a different matter entirely.

[khp]

Originally posted by benedict
As to questionable legalities, there is not question as to a person's right in this country to say anything but "FIRE!" in a crowded theater.

This is completly wrong, Free speach is not a 'get out of jail free' card. There are quite a lot of things that you can't say under freedom of speach, the DeCSS code is one such example.

And I'am not quite sure that selling a documet for a profit can be considered free speach.

[setarip]

Although "shouting 'fire' in a crowded theatre" is the most frequently offered example of exceptions, it is FAR from being the sole exception. Note the following:

During the first session of the 84th Congress, 1955, First Amendment scholar Alexander Meiklejohn was summoned before the U.S. Senate Subcommittee on Constitutional Rights to summarize his interpretation of the First Amendment. The following is his testimony.

"Thus libels, blasphemies, attacks upon public morals or private reputation have been held punishable. So too, we are told that "counselling a murder" may be a criminal act, or "falsely shouting fire into a theatre, and causing panic." "Offensive" or "provocative" speech has been denied legislative immunity. "Contempt of court," shown by the use of speech or by refusal to speak, may give basis for prosecution. Utterances which cause a riot or which "incite" to it may be subject to the same legal condemnation. And this listing of legitimate legislative abridgements of speech could be continued indefinitely. Their number is legion."

Perhaps more importantly, it is most probable that a document DETAILING the methodology involved in duplicating DVDs would be subject to attack for violation of copyright(s).

If one keeps in mind that a website was successfully sued by the MPAA for merely providing a LINK to another site containing the DeCSS code, it becomes quite apparent that "logic" and "legal interpretation" of the First Amendment of the Constitution of the United States of Americaare not necessarily in lockstep...