Quote:
Originally Posted by murraypaul
The thread is about the "Ethics and legalities of format shifting".
Most of us are talking about the former, while you are talking solely about the latter, which is why the conversation is not achieving anything.
Yes, where I live format shifting is not legal. I do not think it is unethical.
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And indeed what are the qualifications in Intellectual Property law and experience of the court cases of the person insisting that Format shifting or DRM removal are illegal?
Even where Format Shifting is technically illegal, it dishonestly misleading and malicious to suggest it's theft or a criminal action that will involve court. The rights holders and the law is only concerned with practical violation, that's redistribution.
The big issue is piracy, that's ACTUAL unauthorised redistribution of content (TV, Streaming, DVD, LP, VHS, Cassette, SD card, BD, files of video, audio, books etc). Proven cases. Not hypothetical possibilities.
People have been stabbed with sharp kitchen knives. I won't be arrested and interrogated unless there is a connection to the victim. Similarly it has to be actually proven there is a possible connection to Piracy, such as my IP address at the time and date it was issued to me, being logged uploading content. Making sure too that there is no mistake on the time zone, as was the case for a Spanish person acquitted.
Having bought the ebook for your own Kindle and being found with it on your Kobo is not something someone is going to be prosecuted for.
Discovering that your IP, when it was registered to you and that is regularly used to upload copyright content (not to private user only cloud storage), then you are in trouble.
The damages (the fine) will be the estimated or guessed number of downloads since the upload times the retail price plus costs.
BTW, you must not redistribute copies of any copyright work even if it was a free offer and has no DRM.