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Old 01-03-2011, 12:36 PM   #80
travfar
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Posts: 186
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Join Date: Aug 2009
Device: laptop
Quote:
Originally Posted by DiapDealer View Post
It hasn't been determined... only assumed and interpreted. You may turn out to be correct eventually, but until we get that actual final determination, it can't hurt to err on the side of caution. I strip DRM from my purchases, but you won't hear me swearing on a stack of bibles that it's legal -- nor will I swear under the same circumstances that it's illegal.
But it has been determined. 27 years ago. These copyright issues are not new. The battleground for it was when home VCRs came out. That case went all the way to the supreme court. The ruling was in line with what most of the pro DRM strippers have said. As long as you do it for personal use and don't profit from it, it's legal.

http://eightiesclub.tripod.com/id408.htm

This was backed up a couple of years ago in a district court concerning stripping DRM from DVDs. The problem is there are two seemingly contradictory federal laws. One gives the user the right of fair use, the other makes it illegal to remove DRM. The district court ruled that it is legal for people with use rights to strip the DRM but said it was illegal to sell software to do so. Which goes inline with the supreme court ruling that you can't profit from it. That seems to be the key stipulation.

http://www.lutzker.com/pdf/321-Studios-Article.pdf

The profit factor is the key factor. It's the overriding factor. For example, people make Star Wars movies. Lucasfilm is well aware of this but since they don't show or sell them for profit, it can't do anything. They are called tribute films.


http://www.lutzker.com/pdf/321-Studios-Article.pdf
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