This question goes for both music CDs as well as Video DVDs. Legally, is it ok for me to share music with family? I don't share over the internet or with friends, but is it legal for me to burn a CD I buy or give MP3's to my sister? Could I rip my parents' DVDs to put on my hard drive?
This is tricky since when it comes to music the law isn't clear in North America. I'm not a lawyer, but people bandy about the term "fair use" a lot without really understanding what it means. The truth is there's a lot of fuzzy edges to the laws...and I think neither the MPAA or the RIAA really want to define fair use in the courts - because they might lose like the people who brought suit against VHS recorders (who was that anyway? the movie studios?).
Morally, I have no problem ripping or burning a CD with songs from CDs that I own and giving it a family member or friend. Duplicating entire albums gets a bit more dubious - someone asked me for a copy of a CD I bought because they lost their copy...so they paid for it once but lost it. Does that give them a right to another copy? Hard to say - I did it for them, but I felt a bit curious about it. The truth is there's a LOT of grey in this area and, as usual, until the law catches up, it's up to each of us to decide what we think is fair.
With DVDs, if you live in the USA, this is more clear cut: breaking the DecSS encryption is illegal and a violation of the DMCA. Period. There is no "fair use" with DVDs if it involves cracking the encryption. Still, no one has taken this to court to "test it out" - I'm not aware of the MPAA suing anyone for ripping a DVD that they own. They're focusing on people who are sharing DVDs they don't own with others...
With the DVDs, I'm really interested in the TerraTelly thing that was posted on here a week or two ago. Is ripping a DVD to that a violation of the DMCA? Similarly, Kaleidescape is getting sued for a similar product (http://news.com.com/Hollywood+allies...3-5482206.html). The legality of these makes me shy away a little, but I love the idea of having all my movies available without searching and without the possibility of getting lost or scratched.
With the DVDs, I'm really interested in the TerraTelly thing that was posted on here a week or two ago. Is ripping a DVD to that a violation of the DMCA?
Yes - technically, the only way to get content from a DVD to ANYTHING else is to break the DecSS and thus violate the DCMA. But, realistically, is the MPAA going to go after individual consumers who are ripping DVDs they own? I don't think so...
Wow, great question. I'm glad someone else out there wonders about the legality of these types of things. I've wondered these same questions many times, and truthfully don't know the answer. I've asked around, and gotten a ton of different answers. I'd really like to see a good Digital Media Law website, or even talk to someone who works in that area.
Yes - technically, the only way to get content from a DVD to ANYTHING else is to break the DecSS and thus violate the DCMA. But, realistically, is the MPAA going to go after individual consumers who are ripping DVDs they own? I don't think so...
Hmm...so those DVD to Pocket PC-type applications are "illegal" too? I understand they're not gonna sue people for it, but ethically, is that right that I would have to break the law to watch a movie I own on my Pocket PC?
While I'm no expert in international law, I'm pretty sure that you can share your digital media content with anyone whose name starts with a consonant or a vowel. Or both.
Hmm...so those DVD to Pocket PC-type applications are "illegal" too?
Yes. When you look at the fine print, you'll see that they aren't allowed to be sold in the USA - most of them at least. That's because the developer knows he could get nailed under the DCMA.
Quote:
Originally Posted by OSUKid7
I understand they're not gonna sue people for it, but ethically, is that right that I would have to break the law to watch a movie I own on my Pocket PC?
The law and ethics have little to do with each other. At one point in history it was legal to own slaves, etc. The law is often decades behind morality, and sometimes the law goes one way while morality goes another. I don't want to turn this into a political thread, but if morality is telling you to do one thing, and the law is saying something else, it's called civil disobedience. :-)
It might seem silly to some to compare the civil rights movement with ripping a DVD, but ultimately the future of consumer rights is at stake, so it's pretty important business in my mind.
The law and ethics have little to do with each other. At one point in history it was legal to own slaves, etc. The law is often decades behind morality, and sometimes the law goes one way while morality goes another. I don't want to turn this into a political thread, but if morality is telling you to do one thing, and the law is saying something else, it's called civil disobedience. :-)
Ah, and do we have the right to civil disobedience? If it breaks the law? Ah so many good questions with no direct answer.
Quote:
Originally Posted by Jason Dunn
It might seem silly to some to compare the civil rights movement with ripping a DVD, but ultimately the future of consumer rights is at stake, so it's pretty important business in my mind.
So as a law-abiding citizen, I should support consumer rights such as digital media portability, but not violate the DMCA and other laws myself? Hmm...it'll be interesting to see where this goes in the next few years.
One thing that went through my mind was that maybe household would be a defining factor, that's why I listed Immediate Family in two separate categories in the poll. I don't know that anybody would contest a spouse listening to the same music, but what about their kids? That seems like a logical extension to me. Your kids shouldn't have to pay for their own CD to listen to Disney soundtracks, but then where does it end? If my grandpa bought the CD, does it just get passed down the line from generation to generation? What if all my music were my parents, then would I be able to give it to my kids? Is there maybe a limit based on distance from the original owner?
This is bringing up a lot more hairy questions. I guess I figured that this was defined somewhere in the mounds of legal texts, but I guess not. Looking at it from the other side, what sharing is definitely illegal? Like Jason said, is copying an album for a friend illegal? If so, how would making a mix for a friend differ from that?
Who can I legally share music with?
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