Legality of downloading

ok heres my problem, I have been trying to encode a movie with no luck. See my thread here.

This is my question, since i can’t make a backup, would it be legal and considered fair use to download the movie off kazaa or the like?

If i do so will the mpaa get all pissy about it?

I apologize if this is the wrong forum, i just didn’t know where to post this.

I think this forum is the right place to discuss this!

Although I don’t know wether this is legal or not, according to the law, I think it should not be a problem. Since you paid for the original, you have the right to backup it. This could be explained as another form of backupping. Nothing wrong there I guess…?

I see three separate issues here:

[list=1]
[li]Legality of making a backup;
[/li][li]Legality of downloading such a backup;
[/li][li]The legality of requesting such a backup on this forum.
[/li][/list=1]

Although it is considered legal to make a backup for personal use (at least it is here in the Netherlands), it might be illegal to modify certain aspects. I don’t have all the details in my head, but I believe there was an issue with DECCS being illegal because it modifies certain encoding. Furthermore, under the DMCA almost anything is considered illegal…

Assuming it is all legal to make a backup and you in fact do own the original, but you yourself are not capable of backing it up, I can see no harm in downloading such a backup. However, making such backup available is a whole other issue. I can imagine that making such a backup publicly available (especially when it is done intentionally) is illegal, but when you ask a friend to make a backup, you download it directly from that friend and you are the only one who downloads it, because you own the original, I can see no harm in that.

Than the third issue. Since we cannot judge whether you own the original legally and providing such a link for you may be used by others to illegally download such a backup. It is for this reason we have to be very strict and do not allow such links or requests for such links on this forum.

CD Freaks is a legit forum and unfortunately not all people realize this, causing a lot of work for the mods and admins of this forum. We have our rules and we expect all to abide by them (including myself of course). This is not directed to you personally, but a statement in general. We have worked hard to get where we are now and if it is up to me, I would very much like it to stay this way.

Hope your questions has been answered…

as long as kwkatd lives in the netherlands I think that the same rules apply as the backing up of audio discs.
You pay a little royality for a clean VHS tape as well as you pay for a blanc cd-r.

i live in the US. I am just asking if downloading a backup would be legal if i owned the original, which i do. But thanks you for answering my questions.

BTW, i was’nt asking for someone to make a backup or if someone would provide a link and i also was not planning on sharing my backup with anyone else.

Thanks for the advice.

In the U.S., everything is illegal, even thinking bad thoughts when you commit a crime (hate crime). :bigsmile:

You can’t legally make a backup of your DVD in the U.S., as the big warnings from the FBI clearly state at the beginning of a movie.

However, the FBI is rather preoccupied these days with other matters of more considerable import, so you may yet evade the DVD dragnet. :cool:

ok, nevermind i won’t back up my dvd because i want it to get scratched and have to buy another one. I also like buying dvds just to throw them around as frisbees, give to little kids, and use as coasters.

Sometimes i buy them to give away to someone and other times i buy them just to throw them away.

Ok, back to not being sarcastic, the US really has dumb laws about fair use etc.

well, you could always move to canada

falls out of chair laughing

well i guess its abut time i moved to a hoose in canada, aye?

i dont think thats what you need to do. i’d think aboot moving to idaho - its practically a different country, without the negative stigma of being a canadian attached to you. plus your potatoes are fresh.

I agree that it’s dumb making it illegal to have a backup for each product one has already bought. I sometimes buy the same printed hardcover and paperback books again and again if there are torn pages or something but these are old technologies and it takes a lot to print all the pages and ship them to remote places. Should I not be able to use CDs and DVDs often worrying they might become unreadable due to scratches or whatever?

Back to the original question: I think it’s also illegal to download the movie from Kazaa regardless of the fact one has the original copy or not. Well, one of the South Korean music association something has asked Daum.net (not sure but with about 15 million subscribers and a few millions of forums I guess) to remove the .mp3 music (all Korean) files in 5,000 forums inside Daum community. Personally, I don’t care.

well maybe i won’t have to worry about as chickenman has told me a way to backup my movie so I guess this becomes a moot point.

Originally posted by kwkard
well maybe i won’t have to worry about as chickenman has told me a way to backup my movie so I guess this becomes a moot point.

Do you think it is legal to rip a copy protected DVD and encode to a DivX copy? :bigsmile:

Think again. :cool:

doesn’t that fall under the fair use policy, or is that only for 1:1 stuff.

Also even if that is illegal, there’s less chance of getting caught encoding a movie than downloading one.:bigsmile: