Re: What's the best way to backup to dvd?
On Fri, 2007-03-02 at 22:24 +0100, Joe Hart wrote:
> Michael M. wrote:
> > On Fri, 2007-03-02 at 16:02 +0100, Joe Hart wrote:
> >
> According to Automatix (the easy installer that is used by many ubuntu
> users ( http://www.getautomatix.com ) it is illegal to install deCSS in
> the United States. They may be wrong.
Sorry I can't find on that website where it says installing DeCSS is
illegal. Reference?
> > "Teledirekt suggested that it should be possible to make a back up copy
> > for consumers of DVDs and that their programme DVD X copy would enable
> > this. The judge ruled though that the programme can be considered as a
> > circumvention device and distribution of those devices is not allowed on
> > the grounds of 29a of the Dutch Copyright Act."
>
> The above website is inaccurate. Stichtig B.R.E.I.N. is much like the
> M.P.A.A., a organization that is trying to limit pirating of copyrighted
> material. There is a "fair use" stipulation to the Dutch Copyright Act,
> and installing DeCSS could be considered (and has by some courts) a fair
> use.
Ok, how about:
http://www.euro-copyrights.org/index/1/10 :
"In any case, technological measures that prevent acts that are exempted
under copyright law are protected. Therefore, one is, for instance, not
allowed to circumvent a measure that hinders private copying, even
though private copying is explicitly exempted under the Dutch Copyright
Act. The protection of technological measures is limited by the fact
that only technological measures applied to copyright protected material
are covered. Consequently, technologies preventing acts as regards
non-copyrightable material, for instance, material in regard of which
the copyright has expired, may lawfully be circumvented."
[ ... ]
"The following two sections of the provision list the restricted acts
regarding technological measures. First, Section 2 of article 29a states
that anyone circumventing an effective technological measure, who does
so with the knowledge, or with reasonable grounds to know, that he is
pursuing that objective, commits an unlawful act and may be held liable
under civil law."
[ ... ]
Section 3 of Article 29a concerns the provision and distribution of
circumvention services or devices. Briefly put, circumvention devices
are cracks. The provision of information, for instance, on a website,
aiding to the circumvention of a technological measure could be a
circumvention service for the purpose of the provision. The offering of
such services or devices constitutes an unlawful act, if the devices or
services:
(a) are advertised for circumvention, or
(b) have only a limited commercially significant purpose or use other
than to circumvent technological measures, or
(c) are primarily designed for circumvention
[ ... ]
"As is mentioned above, technological measures appear to be protected if
they restrict any act which is not authorized by the copyright holder.
Therefore, not only does one need the right holder’s permission to
engage in a copyright infringing act, but, if it is technologically
blocked, a license is also needed to lawfully perform a non-infringing
act. Even if an activity is expressly exempted by copyright law, like
the act of private copying, a right holder who applies technological
measures statutorily has control over that act.
The Directive, however, allows the EU Member States to cater for
some of the copyright exemptions. But the Dutch legislator decided not
to do so yet. The new legislation allows the Minister of Justice to by
decree introduce a requirement for copyright holders to provide the
means which enable certain exempted acts. Of course, until the Minster
sees fit to issue a decree, no such obligation will exist.
The Dutch Copyright Act contains many exemptions. But the decree may
only be issued for those exemptions permitting educational usage, usage
by disabled people, private copying, copying for preservation purposes,
temporary copying by broadcasting organizations and usage for judicial
or administrative purposes. Exactly which “means” the right holders will
have to provide remains uncertain until a decree has been issued."
You keep saying such-and-such is legal the Netherlands and courts have
found it so, but every document I can find and every ruling I can find
any information about says otherwise, and you don't provide any
citations.
> >> Not that the law stops most of the people.
> >
> > Well you're right about that! :-) The law has certainly not stopped
> > me from doing quite a bit that's illegal here.
>
> I think the media companies are to blame for this mess. Especially the
> software distributors. I can understand someone wanting to protect
> their hard work, but reality says no matter how much something is
> protected, it will eventually be cracked. The battle has been raging
> ever since computers became popular and I imagine it will continue.
Well I wasn't talking about just copyright laws. :-)
--
Michael M. ++ Portland, OR ++ USA
"No live organism can continue for long to exist sanely under conditions
of absolute reality; even larks and katydids are supposed, by some, to
dream." --S. Jackson
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