It is forbidden in most EU countries to back up protected dvd’s. What happens if there is no such potection, but the package claims the contrary?
I would think its still illegal. Whether or not there is a form of copy protection on the Intellectual property has little to do with the fact that its illegal to copy it. Copywrights and patents make the process illegal, while a form of copy protection tries to prevent you from copying the content.
I think what urvieh means is a backup of a dvd he owns. Here (the Netherlands) it’s legal to make a backup of a unprotected cd/dvd you own for your own use, for in the car or something like that.
I think that whole illegal if it has copy protection is just bull$hit! I mean, copy protection is only there to try and stop ILLEGAL backups, not make most backups ILLEGAL!
You sort of just contradicted yourself. You said copy protection is to stop ILLEGAL (notice the word, ILLEGAL) backups. You are saying that any back up is illegal which makes backing up DVDs ILLEGAL. If it is illegal in your country, it’s because you’re circumventing copyright protection.
I believe that at present there are about 148 countries where these laws apply (World Trade Organization). Depending on your criteria and definition of a country, the current count ranges anywhere from 189 to 266 or so. So you may be one of the lucky ones where you can copy anything - if you actually have electricity.
In response to urvieh, I think the law is clear in that point. You are allowed to make a backup as long as you do not circumvent the copy protection. If there is none (allthough the cover claims the dvd has one), you are not circumventing anything and therefore it is not illegal.
That depends on the definition of copy protection – does it have to be something that is really there, or is it something already that is claimed to exist. I will certainly not try and find it out before a court.
I GUESS, if you can convince the court that you just copied it with nero, without any other tools - and nero cannot copy any copy protected stuff - you SHOULD have no problems…
Most recent EU directive says that circumventing protective measures - as they put it - doesn’t mean you’re in the clear if the protection is ineffective, but circumventing protection where there is a clear intent to protect the work is illegal. If the author intended to protect it but neglected to, the prosecution could argue that there was clear intent by referencing the cover information.