Kwyjibo <KwyjiboYourPanties@ozdebate.com> wrote in
message news:Xns947AAC65BE96Assss@130.133.1.4...
> Trevor S <bill@gates.com> said
>> JohnP <au.com.picknowl@jmp> wrote
>>> After reading his report "carefully" miro you would have realised he
>>> wants to backup originals to stop clumsy oafs (such as yourself)
>>> scratching them and ruining them. He doesn't imply or suggest he
>>> wishes to pirate movies at all.
>> :) not to be picky but backing up movies you own is "pirating".
>> It's ileagel under the copyright act,
> My reading of the copyright act is that it's legal to backup DVDs
> and Audio CDs if the DVD or CD contains any executable code
Fraid not. It actually says that the executable code can be backed
up, but does NOT say that the other stuff on the CD or DVD can be
But what matters is that no one will bother about the copyright
infringement if it copy is made just so you can recover gracefully
if the original gets fucked by some ham fisted clown.
> (e.g Cheap DVD player software, games etc.)
> which a more and more are doing.
> See subsection 2, section 47c of the copyright act. Section 47c relates
> to the backing up of computer programs (executeable code)
>
> Subsection 1 states:
> "66 Copyright Act 1968
> Subject to subsection (4), the copyright in a literary work that is a
> computer program is not infringed by the making of a reproduction
> of the work if:
> (a) the reproduction is made by, or on behalf of, the owner or
> licensee of the copy (the original copy) from which the
> reproduction is made; and
> (b) the reproduction is made for use only by, or on behalf of, the
> owner or licensee of the original copy; and
> (c) the reproduction is made for any of the following purposes:
> (i) to enable the owner or licensee of the original copy to
> use the reproduction in lieu of the original copy and to
> store the original copy;
> (ii) to enable the owner or licensee of the original copy to
> store the reproduction for use in lieu of the original copy
> if the original copy is lost, destroyed or rendered
> unusable;
> (iii) to enable the owner or licensee of the original copy to
> use the reproduction in lieu of the original copy, or of
> another reproduction made under this subsection, if the
> Copyright in original literary, dramatic, musical and artistic works Part
> III
> Acts not constituting infringements of copyright in computer programs
> Division 4A
> Section 47C
> original copy, or the other reproduction, is lost,
> destroyed or rendered unusable."
>
>
> So basically you can make a legal backup of any software you have
> legitimately purchased.
>
>
> Subsection 2 goes on to state that
> "Subject to subsection (4), the copyright in a literary work that is a
> computer program, and in any work or other subject-matter held
> together with the program on the same computer system, is not
> infringed by the making of a reproduction of the program, or of
> such a work or other subject-matter if:
> (a) the reproduction is made by, or on behalf of, the owner or
> licensee of the copy (the original copy) from which the
> reproduction is made; and
> (b) the making of the reproduction is part of the normal back-up
> copying of data for security purposes."
>
>
> PS: Subsection 4 (referenced in both of the above subsections) is just
> pointing out that the original you are copying must be a legitimate
> version to start with.
> It also mentions that you can't back it up if the 'program' being backed
> up has been written or encoded in such a way that prevents it being
> copied, but in this case the 'program' is not encoded. Only the video is,
> which appears not to be covered by this clause.
>
> My reading of the above is that if you are backing up your programs
> (games, DVD player software etc) that just happens to come on a DVD video
> disc you are quite within your rights to backup the disc in its entirety
> - Including any audio or video data packaged on the same disc.
>
> > this does however go to prove the age
> > old axiom that the law is an ass .
> >
>
> Yep !!!
>
>
> --
>
> Kwyj.
>
> (Remove your panties to reply by email)