[kwlug-disc] Backing up DVDs in Canada

Russell McOrmond russellmcormond at gmail.com
Sun Sep 18 11:43:49 EDT 2011


On 11-09-16 05:04 PM, unsolicited wrote:
> Is this covering all aspects thrown by so far - software, audio, and
> video? [Not touching 'is DVD, software' either, but I believe that got
> debunked, at least in U.S. I also believe it got broken down - some bits
> of a DVD are software (macromedia?), and others are not.]

   You can't use US Copyright caselaw in Canada as many of the excesses 
of Copyright is reigned in by a strong Fair Use regime which we don't 
have.  They only have the fairness test to determine if a use is Fair 
Use, and do not have to pass a limited set of criteria which any 
Canadian Fair Dealing must pass first.

   Software backup is specifically mentioned, not data backup.  I'm 
unaware of any Canadian case that dealt with the question of whether 
digital data would be treated similar to software, but I have no reason 
to suspect it would be.

Note: While DVD's contain some logic, a backup of the DVD would be both 
of the logic/software as well as data representing non-software content. 
  A determination of infringement would be based on the non-software 
content.

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  Please help us tell the Canadian Parliament to protect our property
  rights as owners of Information Technology. Sign the petition!
  http://creform.ca/petition/ict/

  "The government, lobbied by legacy copyright holders and hardware
   manufacturers, can pry my camcorder, computer, home theatre, or
   portable media player from my cold dead hands!"



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