Quote:
Originally Posted by JSWolf
I've said this for eBooks and I'll now say it for DVD. This is a gray area and will be until there is a legal ruling in a court of law. FAIR USE was in place before DMCA. There is nothing at all legally that says that DMCA trumps Fair Use. So unless it's ruled in a court of law, it may very well not be illegal to do what HarryT is doing. IT's not black & white. Please don't go quoting the DMCA saying that's how it is, because that's not how it is.
Do you know 100% that Fair Use is trumped by DMCA? I don't and I dont know anyone else who does know. So get this in front of a court of law and then we'll know. But for now, it's not valid to quote the DMCA and say that's being done is illegal.
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Jon, I am stating there is a law on the books. That's different from there being no law on the books. The fact that the law exists has a chilling effect on the public, at least to some extent. Isn't that a rational interpretation of the current situation?
Hollywood is happy with the chilling effect without adjudication, it costs them nothing further. Besides, in a court case, they might lose. Or win.
But from an individual's viewpoint, it increases the legal risk from zero to above zero, no matter how low you may want to put it. (I concur it's very low today, but who knows what sort of hissy fit Hollywood might have tomorrow?)