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Re: Personal backup of copy-protected DVDs



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On 03/08/08 09:53, Damon L. Chesser wrote:
> Celejar wrote:
>> On Fri, 07 Mar 2008 11:38:59 -0500
>> "Damon L. Chesser" <damon@damtek.com> wrote:
>>
>>  
>>> AFAIK (<<--see the disclaimer?) in the USA, you are allowed to make
>>> personal copies of media you own for your own use (not to install on
>>> multiple machines).  This has been upheld time and time again in the
>>> courts.  You can make all the copies of that other OS you want.  This
>>> is not illegal. You may not install that OS on more then one machine
>>> at a time.  And if you sell/give it away (also legal despite EULA
>>> saying the opposite) you may never use the existing copies you made,
>>> nor may you give those copies to another.  This is called "Fair
>>> Use".  Please correct me if I am wrong.
>>>
>>> Many licenses you "agree" to tell you you can not do these things
>>> (notably, Windows used to state you could not sell the copy you had,
>>> if you dumped your box, you could not include the OS) however, the
>>> courts have ruled this is right and fair for a user to do.  Now, if
>>> you want to     
>>
>> I was not aware that the courts have invalidated those portions of
>> EULAs.  Can you provide a source or link?
>>
> 
> I have read many, many stories about this subject over the years from
> digg.com and groklaw.com.  However, to site, is more difficult, as I am
> not a lawyer.
> 
> http://en.wikipedia.org/wiki/Fair_use  tells you about "fair use" as it
> applies to USA law
> 
> http://en.wikipedia.org/wiki/EULA  tells you about EULA inforcement. 
> about two thirds of the way down under "Copyright" "The amendment of the
> United States Code, Chapter 17, codified as 17 USC 117, permits the
> owner of a copy of a computer program to make copies necessary for the
> use or backup of a computer program."
> 
> The only question is "who is the owner" and btw, MS EULA claims you
> don't own it, but MS does and you are simply allowed to use it.  I have
> read rulings in the past that says this is not enforceable and the
> "user" could in fact sell his/her copy of Windows and it is legal  and
> said user  could make  copies IAW "fair use" but could not do anything
> with those copies except use them as backup to protect the original
> CD/media.
> Anything more in depth then that would require a lawyer, how about it,
> got any US lawyers out there who want to help clarify this?

You own the media.  It's fair use to make backup copies of media,
since they get scratched, worn, lost, etc.

The answer to your original question, though, is to use dd.

- --
Ron Johnson, Jr.
Jefferson LA  USA

"The kniiife..., the kniiife...  The life of the wife is ended
by the kni-ife."
Stewie Griffin & Eliza Pinchley
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