Closing Doman Auctions
DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeRegisterMembershipsGetting StartedDomain Tools Domain EbooksSEO Software Domain Resellers Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Domain Name Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 11-10-2005, 11:53 PM   #1 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 08-09-2008 01:26 AM
iTrader: (1)
Join Date: Jun 2004
Posts: 26
DNF$: 142


DVD and CD duplicating domains

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!
elbst23 is offline   Reply With Quote
Sponsored Ads
Old 11-10-2005, 11:59 PM   #2 (permalink)
DNF Member
No Avatar
 
Last Online: 07-28-2008 08:24 PM
iTrader: (6)
Join Date: Apr 2005
Posts: 197
DNF$: 1,208


Re: DVD and CD duplicating domains

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.
__________________
http://imgshark.com Free image hosting, No account needed, 5mb upload
sjaguar13 is offline   Reply With Quote
Old 11-11-2005, 12:26 PM   #3 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 08-09-2008 01:26 AM
iTrader: (1)
Join Date: Jun 2004
Posts: 26
DNF$: 142


Re: DVD and CD duplicating domains

thanks!
elbst23 is offline   Reply With Quote
Old 11-11-2005, 01:23 PM   #4 (permalink)
Platinum Lifetime Member
 
FineE's Avatar
 
Last Online: 11-01-2009 11:31 AM
iTrader: (0)
Join Date: Mar 2002
Posts: 313
DNF$: 1,702
Location: Prince George, BC, Canada
Country:


Re: DVD and CD duplicating domains

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.
__________________
www.FineE.com - Domain registration for $8.75 a year

www.WebHostServer.com - Web Hosting Directory
FineE is offline   Reply With Quote
Old 11-11-2005, 01:29 PM   #5 (permalink)
Philadelphia Lawyer
 
jberryhill's Avatar
 
Last Online: 09-18-2009 01:17 AM
iTrader: (1)
Join Date: Oct 2002
Posts: 2,987
DNF$: 6,350

Send a message via ICQ to jberryhill

Re: DVD and CD duplicating domains

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...
__________________
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
jberryhill is offline   Reply With Quote
Old 11-11-2005, 01:37 PM   #6 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Yesterday 08:07 PM
iTrader: (394)
Join Date: Feb 2004
Posts: 23,903
DNF$: 4,071
Location: USA
Country:




Re: DVD and CD duplicating domains

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*
__________________

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
My Countdown Counting down to: Snapnames rebate hitting my mailbox
80 days 6 hours 37 minutes
Acro is offline   Reply With Quote
Old 11-11-2005, 01:41 PM   #7 (permalink)
No Avatar
 
Last Online: Today 10:48 AM
iTrader: (87)
Join Date: Mar 2003
Posts: 4,413
DNF$: 6,593
Location: Washington,DC


Re: DVD and CD duplicating domains

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

(Sincere statement. I'm not being sarcastic.)
__________________
Act Now


Twitter - dotcomgroup
actnow is offline   Reply With Quote
Old 11-11-2005, 01:57 PM   #8 (permalink)
Platinum Lifetime Member
 
FineE's Avatar
 
Last Online: 11-01-2009 11:31 AM
iTrader: (0)
Join Date: Mar 2002
Posts: 313
DNF$: 1,702
Location: Prince George, BC, Canada
Country:


Re: DVD and CD duplicating domains

Quote:
Originally Posted by Acroplex
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?
__________________
www.FineE.com - Domain registration for $8.75 a year

www.WebHostServer.com - Web Hosting Directory
FineE is offline   Reply With Quote
Old 11-11-2005, 02:01 PM   #9 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Yesterday 08:07 PM
iTrader: (394)
Join Date: Feb 2004
Posts: 23,903
DNF$: 4,071
Location: USA
Country:




Re: DVD and CD duplicating domains

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.
__________________

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
My Countdown Counting down to: Snapnames rebate hitting my mailbox
80 days 6 hours 37 minutes
Acro is offline   Reply With Quote
Old 11-11-2005, 02:11 PM   #10 (permalink)
Platinum Lifetime Member
 
FineE's Avatar
 
Last Online: 11-01-2009 11:31 AM
iTrader: (0)
Join Date: Mar 2002
Posts: 313
DNF$: 1,702
Location: Prince George, BC, Canada
Country:


Re: DVD and CD duplicating domains

Quote:
Originally Posted by Acroplex
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?
__________________
www.FineE.com - Domain registration for $8.75 a year

www.WebHostServer.com - Web Hosting Directory
FineE is offline   Reply With Quote
Old 11-11-2005, 02:20 PM   #11 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Yesterday 08:07 PM
iTrader: (394)
Join Date: Feb 2004
Posts: 23,903
DNF$: 4,071
Location: USA
Country:




Re: DVD and CD duplicating domains

It depends on the specific EULA - license terms.
__________________

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
My Countdown Counting down to: Snapnames rebate hitting my mailbox
80 days 6 hours 37 minutes
Acro is offline   Reply With Quote
Old 11-11-2005, 02:38 PM   #12 (permalink)
Platinum Lifetime Member
 
FineE's Avatar
 
Last Online: 11-01-2009 11:31 AM
iTrader: (0)
Join Date: Mar 2002
Posts: 313
DNF$: 1,702
Location: Prince George, BC, Canada
Country:


Re: DVD and CD duplicating domains

Quote:
Originally Posted by Acroplex
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.
__________________
www.FineE.com - Domain registration for $8.75 a year

www.WebHostServer.com - Web Hosting Directory
FineE is offline   Reply With Quote
Old 11-11-2005, 03:41 PM   #13 (permalink)
Bloody lovely
 
Acro's Avatar
 
Last Online: Yesterday 08:07 PM
iTrader: (394)
Join Date: Feb 2004
Posts: 23,903
DNF$: 4,071
Location: USA
Country:




Re: DVD and CD duplicating domains

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

DomainGang.com - Domainers' Most Awesome News Source
Acroplex - Web & Graphics
Acro.net - My Blog
My Countdown Counting down to: Snapnames rebate hitting my mailbox
80 days 6 hours 37 minutes
Acro is offline   Reply With Quote
Old 11-14-2005, 08:31 PM   #14 (permalink)
DNF Addict
 
DNQuest.com's Avatar
 
Last Online: 09-23-2008 04:35 PM
iTrader: (2)
Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835
Location: Columbia, MD

Send a message via Yahoo to DNQuest.com

Re: DVD and CD duplicating domains

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...
__________________
Track emails that you send, PM me to find out how....
DNQuest.com is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 05:21 PM.
Copyright @2001-2009 DNForum.com