The DMCA was passed in 1998

her209

No Lifer
Oct 11, 2000
56,336
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Does that mean that I'm okay if I make a copy of a DVD that was "manufactured" prior to the passing of the legislation?
 

Jassi

Diamond Member
Sep 8, 2004
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No, it has copyright protection (which has been around for a long time). If you rip a dvd now, you are still violating the DMCA by circumventing copyrights.
 

gsaldivar

Diamond Member
Apr 30, 2001
8,691
1
81
You're okay if you made the copy prior to the passing of the legislation. ;)
 

Zim Hosein

Super Moderator | Elite Member
Super Moderator
Nov 27, 1999
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Originally posted by: her209
Does that mean that I'm okay if I make a copy of a DVD that was "manufactured" prior to the passing of the legislation?

Don't ask, don't tell ;)
 

amol

Lifer
Jul 8, 2001
11,679
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Then wasn't the law made for the last millenium? The 2nd millenium?

Cause we're in the 3rd millenium.
 

BurnItDwn

Lifer
Oct 10, 1999
26,300
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Originally posted by: JustAnAverageGuy
If you can prove you copied it prior to 1998, yes.



Actually, by law we are "innocent until proven guilty", which means that the prosecution would have to proove that it wasn't copied prior to 1998 beyond a resonable doubt.

Otherwise the law is unconstitutional .....
 

mugs

Lifer
Apr 29, 2003
48,920
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Originally posted by: BurnItDwn
Originally posted by: JustAnAverageGuy
If you can prove you copied it prior to 1998, yes.



Actually, by law we are "innocent until proven guilty", which means that the prosecution would have to proove that it wasn't copied prior to 1998 beyond a resonable doubt.

Otherwise the law is unconstitutional .....

That's not a difficult thing to prove...
 

BurnItDwn

Lifer
Oct 10, 1999
26,300
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Originally posted by: her209
Originally posted by: mugs
That's not a difficult thing to prove...
Especially if the DVD came out after 1998.


very true. Also, CD Burners first started to show up on the market late 97 early 98 (around $300 or so, they were MUCH more before that) .... I don't think DVD burners were commonplace until 2002 or later ......

So it would be rather easy for them to prove you burned the disc after 1998. However, legally, they still have to prove it.
 

Gurck

Banned
Mar 16, 2004
12,963
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Originally posted by: Jassi
No, it has copyright protection (which has been around for a long time). If you rip a dvd now, you are still violating the DMCA by circumventing copyrights.
It's a grey area though... we're also allowed to make a backup copy by law, thus copy protection should be illegal.
 

Jassi

Diamond Member
Sep 8, 2004
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Originally posted by: Gurck
Originally posted by: Jassi
No, it has copyright protection (which has been around for a long time). If you rip a dvd now, you are still violating the DMCA by circumventing copyrights.
It's a grey area though... we're also allowed to make a backup copy by law, thus copy protection should be illegal.

I dont think thats written in the law by is understood to be implied in there in order to protect the customers investment.
 

Gunslinger08

Lifer
Nov 18, 2001
13,234
2
81
Let's say I was born in 1950 and a law against murder was passed in 1970. Is it illegal for you to murder me in 2000?
 

mwmorph

Diamond Member
Dec 27, 2004
8,877
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Originally posted by: cjgallen
Just don't get caught, duh.

yeah, if you do it hust for yourself, you'll be fine. it's not like some cops will bust into your house and charge you. I do it all the time so my dvds dont get strached up.
 

Rock Hydra

Diamond Member
Dec 13, 2004
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Originally posted by: Jassi
No, it has copyright protection (which has been around for a long time). If you rip a dvd now, you are still violating the DMCA by circumventing copyrights.

Isn't that Ex Post Facto or something like that?
 

LordNoob

Senior member
Nov 16, 2003
998
8
81
Originally posted by: her209
Does that mean that I'm okay if I make a copy of a DVD that was "manufactured" prior to the passing of the legislation?


You are a silly goose.
 

2cpuminimum

Senior member
Jun 1, 2005
578
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1. DVDs don't have any copy protection, and thus the section of the DMCA banning circumvention of copyprotection does not apply to DVDs.
(they do have encryption, but that's different, it just means you need a key to watch it, not to copy it.)
2. You have the legal right under fair use to make backup copies of DVD's that you legally own, as long as you do not distribute. Thus if you have a backup copy, they would need to prove beyond a reasonable doubt that you do not legally own a copy. (or prove you distributed)
3. Therefore document ownership and purchase of all DVDs you own and keep a backup of that documentation off site, in case the originals are stolen. (I know someone whose collection was stolen from luggage by airline.) If you document and don't distribute, then theoretically you're untouchable.

 

Hammer

Lifer
Oct 19, 2001
13,217
1
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Originally posted by: Rock Hydra
Originally posted by: Jassi
No, it has copyright protection (which has been around for a long time). If you rip a dvd now, you are still violating the DMCA by circumventing copyrights.

Isn't that Ex Post Facto or something like that?

no, ex post facto ("after the fact') is when a law is created after you commit an act and then you are charged under that new law for the prior act. anything that you do after the law is passed is not ex post facto.