07-14-11 08:55 PM
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  1. araLe-tot's Avatar
    What if this person resides in an area where copyright laws are not enforced or remotely recognized? They certainly aren't here! Plus isn't it a USA based urban legend that you are allowed to make a backup of your copyrighted digital media?

    I agree with what someone else posted; yes, it's all about deciding what you are actually going to do and then doing it. But it surely doesn't hurt to inquire about what you are about to do!

    Messing with anything Apple has provided is essentially spitting on and kicking anything they may have demanded in the EULA, no one reads.
    07-10-11 06:10 AM
  2. 13echo4's Avatar
    What if this person resides in an area where copyright laws are not enforced or remotely recognized? They certainly aren't here! Plus isn't it a USA based urban legend that you are allowed to make a backup of your copyrighted digital media?
    Messing with anything Apple has provided is essentially spitting on and kicking anything they may have demanded in the EULA, no one reads.
    That should be self explainatory. If where you live don't enforce or have copy write laws then what's the question? It doesn't matter if you read the EULA or not. If you agree your bound. Just that simple.
    Its not an urban legend. The court did rule that it was legal and fair for a person to have a backup of their physcial media file. However that ruling doesn't allow you to change the format or use it in a way it wasn't intended. When you buy from itunes you have a backup on your pc in your itunes folder.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-11-11 12:59 AM
  3. pkcable's Avatar
    They DO enforce copyright laws, TRUST me on that!
    07-11-11 12:58 PM
  4. Ether2105's Avatar
    Here Is My Take On Things. I Don't Usually Voice My Opinion, Due To Obvious Reasons....

    1. If You Are Posting A Question, That Has An Obvious Answer On A Public Forum Where People Come To Get Free Content, Then You Are Just Trying To Stir The Beehive. (Not Intentionally Maybe, But You Are)

    2. If You Have Any Doubts In Your Mind That What You Are Trying To Do Is Illegal (Wich By The Way Nobody Would Ever Know About, If You Didn't Just Sell Yourself Out On The World Wide Web Then You Might Not Want To Do It.) You Have A Brain, And You Also Have A Soul. (Wich In My Opinion God Blessed us All With.) Make Your Own Decisions In Life. It's Black & Grey & White. lol.

    3. Asking A Question That Is Gonna Be Morally Different For Everybody Is Ridiculious. You Mine As Well Ask Wich Came First.....The Chicken Or The Egg. If You Dont Wanna Infringe Upon The Same Government That Treats Us All Like We Are Such A Criminal Society, And The Movie Industry Is Gonna Suffer (LMAO) Because You Unlocked A File You Already Paid For, And Put It On Multiple Devices....Then Don't. You Have Your Morals, & I Have Mine. Please......The Movie Industry Is RICH. They Keep Us Stupid! Movies Are Used As A Source Of Desentization......They Keep Us Phuktarded.

    4. Come And Get Me!
    07-11-11 11:20 PM
  5. SCrid2000's Avatar
    In my unprofessional opinion, I don't believe it's illegal IF and ONLY IF you do NOT distribute it. In my personal opinion, it's also not unethical.
    It might be against the seller's ToS, but that's not the same as being illegal. They could maybe bring a civil suit, but not a criminal one.
    Sent from my NookColor using Tapatalk
    07-11-11 11:42 PM
  6. wu-wei's Avatar
    I'll weigh in on this and agree with SCrid.

    Do the actions you described violate the ToS? Yes.

    Is that "illegal"? Well, that term has different meanings based on the type of claims that can be brought against you. In a strict criminal law sense what you proposed is probably not criminal behavior. However, in the civil arena you could be found liable for breaching a contract. But I doubt it would be enforced because the measure of potential damages against you (in light of the lack of distribution) would be minimal.

    This is my personal opinion and does not constitute legal advice. No attorney-client relationship is formed as a result of my response here. (Yes, I'm an attorney and yes, I have to say that).
    07-12-11 12:43 AM
  7. 13echo4's Avatar
    I'll weigh in on this and agree with SCrid.
    K
    Do the actions you described violate the ToS? Yes.

    Is that "illegal"? Well, that term has different meanings based on the type of claims that can be brought against you. In a strict criminal law sense what you proposed is probably not criminal behavior. However, in the civil arena you could be found liable for breaching a contract. But I doubt it would be enforced because the measure of potential damages against you (in light of the lack of distribution) would be minimal.

    This is my personal opinion and does not constitute legal advice. No attorney-client relationship is formed as a result of my response here. (Yes, I'm an attorney and yes, I have to say that).
    DRM= digital rights mangement. If you copied, converted the format to another device you have broken copy right protection laws.
    No you don't have to tell people you are a lawyer if your having a conversation. Its just like a rigestered nurse. They are bound by a oath that has a under lined admentment that states no action is an action. Meaning that in an area outside of work they are suppose to adhire to the laws and help people. No action is an action. But no law say they have to go around telling everybody they are RNs.
    You said your opinion fine.... Like any body is going to take the advice of a forum lawyer that doesn't take a few seconds to think about or google what DRM is......

    Posted from my CrackBerry at wapforums.crackberry.com
    07-13-11 08:20 PM
  8. wu-wei's Avatar
    DRM= digital rights mangement. If you copied, converted the format to another device you have broken copy right protection laws.
    No you don't have to tell people you are a lawyer if your having a conversation. Its just like a rigestered nurse. They are bound by a oath that has a under lined admentment that states no action is an action. Meaning that in an area outside of work they are suppose to adhire to the laws and help people. No action is an action. But no law say they have to go around telling everybody they are RNs.
    You said your opinion fine.... Like any body is going to take the advice of a forum lawyer that doesn't take a few seconds to think about or google what DRM is......

    Posted from my CrackBerry at wapforums.crackberry.com
    I'm going to go out on a limb here and guess that you are not an attorney.

    If you are, I would never hire you because you are clueless.

    Attorneys are governed by ethical rules which MUST be adhered to. Thanks for your ignorant opinion on my professional responsibilities as well as your unfounded legal analysis. I will continue to conduct myself in accordance with the principles that govern my profession.

    And if you notice the title of the thread, you'll see that opinions on the legality of conduct are being sought. I shared my thoughts and, like a professional, made it clear that I was not providing legal advice.

    I'm quite proud of your ability to describe what DRM stands for. If you read my response, I referred to the ToS which is precisely where you would find language stating that the media is subject to DRM.

    I didn't just fall off the turnip truck, you joker.
    07-13-11 08:29 PM
  9. SCrid2000's Avatar
    DRM= digital rights mangement. If you copied, converted the format to another device you have broken copy right protection laws.
    No you don't have to tell people you are a lawyer if your having a conversation. Its just like a rigestered nurse. They are bound by a oath that has a under lined admentment that states no action is an action. Meaning that in an area outside of work they are suppose to adhire to the laws and help people. No action is an action. But no law say they have to go around telling everybody they are RNs.
    You said your opinion fine.... Like any body is going to take the advice of a forum lawyer that doesn't take a few seconds to think about or google what DRM is......

    Posted from my CrackBerry at wapforums.crackberry.com
    Let me guess... You have an Associates from your local community college, and in your freshman year you took an introl to law class. So you're an expert now.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-13-11 08:32 PM
  10. 13echo4's Avatar
    Let me guess... You have an Associates from your local community college, and in your freshman year you took an introl to law class. So you're an expert now.

    Posted from my CrackBerry at wapforums.crackberry.com
    You would guess wrong. I don't need a law degree to understand what DRM means and what it emplies.
    TOS and DRM are 2 different things. TOS is an agreement that you have to agree with before service is allowed. DRM is attached to media. If you where walking down the road and just found the media and never agreed to any TOS and you removed its DRM your in vilation of copy right laws.
    So go ahead and take the advice of the "forum lawyer". I'll stick w/ what I know. And btw this joker didn't give any advice.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-13-11 09:08 PM
  11. wu-wei's Avatar
    You would guess wrong. I don't need a law degree to understand what DRM means and what it emplies.
    TOS and DRM are 2 different things. TOS is an agreement that you have to agree with before service is allowed. DRM is attached to media. If you where walking down the road and just found the media and never agreed to any TOS and you removed its DRM your in vilation of copy right laws.
    So go ahead and take the advice of the "forum lawyer". I'll stick w/ what I know. And btw this joker didn't give any advice.

    Posted from my CrackBerry at wapforums.crackberry.com
    It is clear that you have no understanding of what "advice", "copyright", "terms of service", or "digital rights management" mean. At all.

    And I am far too busy to educate you on these simple topics. So yes, please, stick with what you know. Best of luck.
    07-13-11 09:26 PM
  12. 13echo4's Avatar
    It is clear that you have no understanding of what "advice", "copyright", "terms of service", or "digital rights management" mean. At all.

    And I am far too busy to educate you on these simple topics. So yes, please, stick with what you know. Best of luck.
    Thanks for your wish of luck. Your right I don't know anything about the these topics. However the very little time you don't have you found time for these scribblings.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-13-11 09:32 PM
  13. SCrid2000's Avatar
    Get a law degree, then I'll waste my time talking to you about it.
    Oh, and it's implies, not emplies, and even if spelled correctly it wasn't properly used to express what you meant.

    Posted from my CrackBerry at wapforums.crackberry.com
    Last edited by SCrid2000; 07-13-11 at 10:01 PM.
    07-13-11 09:54 PM
  14. 13echo4's Avatar
    Get a law degree, then I'll waste my time talking to you about it.
    Oh, and it's implies, not emplies, and even if spelled correctly it wasn't properly used to express what you meant.

    Posted from my CrackBerry at wapforums.crackberry.com
    BTW, you knew what I meant. That's all that matters to me.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-13-11 10:09 PM
  15. pkcable's Avatar
    Order in the court! [action] banging gavel [/action]
    07-13-11 11:47 PM
  16. SCrid2000's Avatar
    Order in the court! [action] banging gavel [/action]

    I replaced your gavel with one of those squeaky ones

    Sent from my OSBB 9650 using Tapatalk
    07-14-11 12:01 AM
  17. 13echo4's Avatar
    In my unprofessional opinion, I don't believe it's illegal IF and ONLY IF you do NOT distribute it. In my personal opinion, it's also not unethical.
    It might be against the seller's ToS, but that's not the same as being illegal. They could maybe bring a civil suit, but not a criminal one.
    Sent from my NookColor using Tapatalk
    So does your unprofessional opinion stem from your law degree or the lack there of? A fact: a copy is not inforced or bound by a TOS. A copy right is functional if you agree or not. A TOS is only binding if you agree. That's why software etc won't install or become useable until you have agreed. Copy right infringement is punshable up to 5 yrs in prison and/$100,000 fine. 5 yrs in prison w/ is as crimanaul as it gets.
    You don't need a law degree to know this. Just a 5th grade abilty to understand what you read. Copy right infringement is extended to for prohit or not. Copy right infringement starts the second you copy. Intent has no bearing. Intent could be the desiding factor in what the punishment is.
    Now there is a ruling made by the court that said it was lawful for a person to make a backup of their media. But limited to that. You only have the right of backing it up. Not changing the format, function etc.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-14-11 09:21 AM
  18. slalom's Avatar
    This is an age old debate that has been going on since I had my first 8-track recorder! Is removing the tag from upholstory illegal? The tag says so! Is crossing the street mid-block breaking the law? Is a "california stop" at a clear intersection at 3 in the morning grounds for arrest? Is taking a penny from the "need a penny take a penny have a penny leave a penny" dish theft? Is homosexuality illegal in many jurisdictions? Is it unlawful for women to show their face in public in some countries?

    In France there is a law against kissing on the railway. In California, it is illegal to set a mouse trap without a valid hunting license.

    Strict adherence to the law is not a requirement to lead a good life in this world.
    07-14-11 09:33 AM
  19. SCrid2000's Avatar
    So does your unprofessional opinion stem from your law degree or the lack there of? A fact: a copy is not inforced or bound by a TOS. A copy right is functional if you agree or not. A TOS is only binding if you agree. That's why software etc won't install or become useable until you have agreed. Copy right infringement is punshable up to 5 yrs in prison and/$100,000 fine. 5 yrs in prison w/ is as crimanaul as it gets.
    You don't need a law degree to know this. Just a 5th grade abilty to understand what you read. Copy right infringement is extended to for prohit or not. Copy right infringement starts the second you copy. Intent has no bearing. Intent could be the desiding factor in what the punishment is.
    Now there is a ruling made by the court that said it was lawful for a person to make a backup of their media. But limited to that. You only have the right of backing it up. Not changing the format, function etc.

    Posted from my CrackBerry at wapforums.crackberry.com
    2nd year law student. Which means I'm about as steeped in legal what ifs and theories as I'll ever be.

    Posted from my CrackBerry at wapforums.crackberry.com
    07-14-11 10:21 AM
  20. 13echo4's Avatar
    2nd year law student. Which means I'm about as steeped in legal what ifs and theories as I'll ever be.

    Posted from my CrackBerry at wapforums.crackberry.com
    I heard that.....

    Posted from my CrackBerry at wapforums.crackberry.com
    07-14-11 10:27 AM
  21. Ether2105's Avatar
    This is an age old debate that has been going on since I had my first 8-track recorder! Is removing the tag from upholstory illegal? The tag says so! Is crossing the street mid-block breaking the law? Is a "california stop" at a clear intersection at 3 in the morning grounds for arrest? Is taking a penny from the "need a penny take a penny have a penny leave a penny" dish theft? Is homosexuality illegal in many jurisdictions? Is it unlawful for women to show their face in public in some countries?

    In France there is a law against kissing on the railway. In California, it is illegal to set a mouse trap without a valid hunting license.

    Strict adherence to the law is not a requirement to lead a good life in this world.
    Lmao...
    I Love It. So Much For The Movie Section Being Fun Huh?
    07-14-11 08:55 PM
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