DVD and CD duplicating domains

[elbst23]

Hello,

I was wondering about launching domains about DVD and CD duplicating and DVD and CD copying.

Now if I was to put Google Ad Sense ads on these domains, which promoting products that offer DVD and CD copying and Duplicating services and products, and then customers use these products illegally, could that in any way come back to me?

Or if the advertisers sell products that allow for illegal copying, is it on them...I guess for refferring the user, could any of it be tracked back to me if those products are indeed used in a non-legal manner...

I know this sounds like I am being overly concerned, but that is how I approach this stuff on occasion!

[sjaguar13]

I have a CD printing and duplicating company. If someone sends in something we know is not legally theirs, we will not duplicate. Otherwise, they have to send in their signature on our contract saying they own the rights to it.

With that being said, I don't see how you could be liable for anything. A computer can be used to burn illegal DVDs, and Dell isn't held responsible.

[elbst23]

thanks!

[FineE]

This depends in a big way on where you live, and where you do business.

In Canada right now there is legislation now before the house of commons Bill C-60 somewhat similar to the US DMCA but less draconian. It may die if there is an election soon

In the US there is the DMCA and that may have all sorts of legal ramifications regarding this if there is any US nexus. For example a US based advertiser, server etc.

I can go on for example DeCSS is legal in some parts of the world illegal in other parts of the world, and more often than not subject to litigation.

My one suggestion here is to get legal advice in every jusridiction you plan to do business in.

[jberryhill]

Don't sell model glue. Kids might sniff it.

Don't sell laundy bleach. People might use it to make crystal meth.

Don't sell cigarette papers. People might use it to smoke drugs.

Etc.. etc... etc...

[Acro]

The law allows for "back up" copies of all owned software. As long as you don't portray the DVD / CD duplication software as a means of achieving illegal duplication you should be fine.

NB: *coughjohndidyoureceivetheemailwiththeimagescough*

[actnow]

I love how John brings simplicity of thought to problems like this.

(Sincere statement. I'm not being sarcastic.)

[FineE]

The law allows for "back up" copies of all owned software. As long as you don't portray the DVD / CD duplication software as a means of achieving illegal duplication you should be fine.

NB: *coughjohndidyoureceivetheemailwiththeimagescough*

Yes. But if you have to break the copy protection in order to make a fair use backup copy, is this not illegal in the US under the DMCA?

Correct me if I am wrong. But is it not illegal to distribute DeCSS in the US even if it is portrayed as a means of making legal fair use back up copies?

[Acro]

DeCSS is not software to duplicate DVDs; it's a program to rip them onto a different medium: a video stream.

Duplication of a DVD via specific software to achieve a back-up copy (which itself is not copiable) is 100% legal.

[FineE]

DeCSS is not software to duplicate DVDs; it's a program to rip them onto a different medium: a video stream.

Duplication of a DVD via specific software to achieve a back-up copy (which itself is not copiable) is 100% legal.

So if I understand this correctly a "fair use copy" must allways, if the original is copy protected, be on the same medium as the original in order for it to be fair use in the US?

[Acro]

It depends on the specific EULA - license terms.

[FineE]

It depends on the specific EULA - license terms.

If the copyright holder agrees then of course you can make as many copies as you want, but that is not the point. The point of "fair use" under copyright law is that there is copying under certain circumstances that is legal without the permission of the copyright holder.

[Acro]

Again, the EULA defines the method & medium. Some allow digital copies - files - others only physical copies on CD/DVD.

[DNQuest.com]

Though I can't recall it off the top of my head, I believe there was a court ruling saying making personal copies of a medium you own is legal. I believe the ruling stated that the owner has a right to protect his investmest (IE- CD or DVD) by making a copy in case something were to happen to his copy which he purchased. I think it was stated that the buyer bought a "license" from the copyright holder and not an actual product (or something along those lines), therfore; the buyer is just protecting his license.

Now selling copies is another story...