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Old 08-24-2008, 11:35 AM   #2
Greg Anos
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The law is conflicting on this, with no judicial resolution that I am aware of.

First, I'm not a lawyer, so this is only a layman's opinion. Hopefully, the pro's will chime in.

To make any copy of a copyrighted material is a copyright violation, unless it falls under the "fair use" doctrine. "Fair use" is not a written law, but the pile of various judicial ruling over time. I.E. case law.

On one side, there are laws blocking copying of materials, copyright law, and the Digital Copyright Millenial Act (DCMA), which blocks any copying of encrypted data.

On the other hand, you have various rulings about the legality of libraries, the selling of used books, archival backup of digital materials (I believe), and the Sony Betamax decision.

<Shrug.>

Nobody knows how a case (as you described it) would be resolved. It could be treated as straight copyright violation, or time shifting, or archival backup, or format shifting. Each one gives a different answer...
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