Curious question about ownership & backups

[woodbane]

I've been doing a lot of lurking here (AWESOME forum by the way) and this hypothetical question sprung to mind while I was browsing. I've seen it alluded to in some other posts but have been unable to find a definitive answer using all manner of search strings.

The question is thus (apologies if this is in the wrong place):

Given the general consensus is that it is fair and acceptable for people to make a DVD backup copy of an original DVD they legitimately own (otherwise this forum and others like it would be a bit pointless!); what about the situation where a copy is made of an owned DVD and then the original is sold (eBay, Amazon, local cash-in-hand stores)?

It just got me thinking... I mean the DVD Backup Copy would be 'legit' at the time it was made, right? So if the original is then sold, does the backup suddenly become illegal?

Just wondered what peoples thoughts were. Sorry if this has come up before but I honestly couldn't find a clear cut answer, there's just soooooo much debate over the whole copyright issue. I don't want to start a massive thread about whether backing up original owned DVD's is right or wrong legally, we all do it, that's why these forums are around!

I was just looking for some input relating to the specific question. Many thanks.

[Cambion7]

I've been doing a lot of lurking here (AWESOME forum by the way) and this hypothetical question sprung to mind while I was browsing. I've seen it alluded to in some other posts but have been unable to find a definitive answer using all manner of search strings.

The question is thus (apologies if this is in the wrong place):

Given the general consensus is that it is fair and acceptable for people to make a DVD backup copy of an original DVD they legitimately own (otherwise this forum and others like it would be a bit pointless!); what about the situation where a copy is made of an owned DVD and then the original is sold (eBay, Amazon, local cash-in-hand stores)?

It just got me thinking... I mean the DVD Backup Copy would be 'legit' at the time it was made, right? So if the original is then sold, does the backup suddenly become illegal?

Just wondered what peoples thoughts were. Sorry if this has come up before but I honestly couldn't find a clear cut answer, there's just soooooo much debate over the whole copyright issue. I don't want to start a massive thread about whether backing up original owned DVD's is right or wrong legally, we all do it, that's why these forums are around!

I was just looking for some input relating to the specific question. Many thanks.

Aside from legality issues as it pertains to the DMCA, if you made a backup of your purchased DVD, then sold the original, you would either have to send the backup along with the original, or destroy the backup.

The same would be said for software. If you bought a computer, bought an OS, sold the computer, you have to provide the purchaser with the purchased copy of the OS and all licensed software discs, or wipe the hard disk prior to shipping.

Also, you're not actually buying the movie/software. You're purchasing a license that allows you to view/use it (which also covers the pressing/labor/fees/fees/etc.)... Hope this helps!

Regards,

Cambion7

[blutach]

Enough of this - it has been covered 100s of times before.



You will find we don't give out legal advice. Go ask a lawyer, skilled in intellectual property, who also has a good idea of the DMCA and how it interacts with Fair Use laws.



Regards