the Digital Millineum Copyright Act criminalizes


making a digital copy, rendering almost all server-based systems illegal, correct? Without question the DMCA is one of the worst laws ever made, but it is still out there. Previous threads on this topic veered off into speculation about moral and ethical issues - generally well intentioned and high minded approaches were advocated, on this forum - but they seemed to imagine that the law is rational, rather than controlled by well-funded movie and Disney lobbyists. We may not legally convert analogue media into digital copies under the DMCA, and buying a cd does not bestow a "license" - one buys only a physical copy - and bestows no right to make a digital copy onto a server. Retaining the original cd has no bearing on whether one has made a digital copy, which is prohibited by DMCA, is it not? The "home use" exception to copyright derived from the Sony betamax line of cases was never extended into the digital age, and was overuled by the DMCA. How do manufacturers of server-based systems avoid contributory infringement claims? Do the purchasers of such systems also get a bunch of legal disclaimers? Isn't the movement to archiving everything to server-based systems - which most of us are considering or have already adopted - flatly illegal under current law?
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Showing 1 response by blindjim

Maybe it'll wind up being like what happend when VHS hit the market. Lots of disclaimer, hoo ha-ing about copying penalties, yet no teeth in the bite to those who use it for solely personal activities.... and aimed primarily at pirates who spin off tons of copies for resale.

It's gotta be on the books if you want to be able to prosecute later. albeit, I'd say the prosecution would be descretionary, eg., pirates for profits. if they go after Mom & Pop who use it without any thought of $$$ gain, it would be terrible.