[kwlug-disc] Backing up DVDs in Canada
russellmcormond at gmail.com
Sun Sep 18 11:58:40 EDT 2011
On 11-09-16 05:10 PM, unsolicited wrote:
> Russell's response below seems to me to be addressing the current
> situation. But might be addressing the proposed situation.
The infringing nature of backing up DVD's is the current situation.
Bill C-32 (and whatever the new number will be in new session)
touched on the issue two opposite ways. Many of these truly private
activities would have been carved out of copyright, except where there
is a digital lock. So, backing up VHS tapes (if you can find some) and
other common uses of VHS such as time shifting would have finally become
non-infringing in Canada, but the backup of DVD's would remain
infringing due to the digital lock.
Also on time/format shifting:
> [And ... if various things are not permitted before/after, what was with
> the whole VCR thing for off-line recording, that, at least, the cable
> companies encouraged / showed in their hookup diagrams. Published BY the
> cable company, itself, even.]
This was clarified as non-infringing in the USA under their robust
Fair Use regime, but was never declared non-infringing in Canada. I
believe it was politics that made copyright holders never sue in Canada:
if Canadians realised just how much more tilted in favour of copyright
holders that Canadian law is, they wouldn't be able to dupe them into
falsely believing that Canadian law is weaker.
Note that the recording industry didn't launch new lawsuits against
P2P filesharers after being given a blueprint by two courts on how to do
this. The BMG-vs-Doe case did *NOT* claim that P2P was non-infringing
in Canada -- it simply said that a minimum level of evidence was needed
to get past our federal privacy legislation.
And don't get me started on how the phone/cable companies have their
fingers in all aspects of the debate --- encouraging people do do things
with one arm of the company that they then go to the government to ask
for changes in the law to stop by another arm. Probably the only worse
type of company is Sony for this type of mixed messaging. I wish Sony
would just sue Sony into the ground, and leave the rest of us and our
domestic legislation alone :-)
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!
"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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