Digital Copy Movie Licensing

[Steven]

Hi All,

This question may have been answered before, but I cannot find it...

I've bought several Blu-Ray disks that come with a digital copy. Some are downloads, but some are on a separate DVD, for example, The Dark Knight.

Since they give you (sell you) a BR and DVD, is the latter legal to import into Kaleidescape? If you get a digital copy with something, would it be legal to import it from a rented version or borrowed version?

Thanks, Steven

 

[cinelife]

The simple answer is that you are legally permitted to import ANY content that you personally "own." (Assuming of course that K can accomodate the type of media you are attempting to import.)

The term "own" here refers to total ownership (legal speak is "fee simple"), and not the temporary leasehold rights you obtain when leasing/borrowing, etc. You are not permitted to import any copyright protected rented/borrowed DVD's, CD's. I distinguish copyright protected here because obviously if a friend gave you permission to store a private made DVD/CD that you did not own, that is permitted. (Another way to say it is you can import any content provided the actual copyright holder (owner) has given you permission to do so (regardless of ownership status).

Jim

 

[cinelife]

In reading your question again I realized that what you are asking is whether ownership of a digital copy that was supplied in with the BR version allows you to then go and rent the DVD version and import that into your K system.

If that is correct, it is a novel question, and I'm not sure of the answer. If I play lawyer here for a moment, and using what I discussed above, I would think the answer would be "no." My reasoning is that you were given, and therefore own, a copy that I presume was intended for PC playback. I suspect, but don't know, that there is likely some contractual license usage language printed somewhere that restricts your usage. Whether or not that is the case, I would still think that giving a license to use the content in a PC does not imply that you also then have a right to the DVD version. If it did pehaps that would have been supplied as well.

Just my take on it, not saying that I'm correct.

Jim

 

[Steven]

Yeah, it is a little tough to figure out. I haven't taken a 'digital copy' of something and burned it to a DVD yet. However, seems a little funny to make a distinction between a PC and Kaleidescape system, since K is just a big computer...

Just wunderin'....

 

[cinelife]

Yeah, it is a little tough to figure out. I haven't taken a 'digital copy' of something and burned it to a DVD yet. However, seems a little funny to make a distinction between a PC and Kaleidescape system, since K is just a big computer...

Just wunderin'....

Not a bad argument (K is just a PC).

Jim

 

[rgbyhkr]

Yeah, it is a little tough to figure out. I haven't taken a 'digital copy' of something and burned it to a DVD yet. However, seems a little funny to make a distinction between a PC and Kaleidescape system, since K is just a big computer...

Just wunderin'....

If it's a standard DVD, then the same rules apply as any other commercial DVD (can import that which you own, but not what is borrowed or rented). If it is a DVD with a digital DRM file, then that is slightly different. Unless the DRM license let's you convert the file to other formats (seemingly unlikely) like standard DVD, you'd have to break the DRM in order to convert the file. That being said, no one's going to come knocking on your door for doing so. Once broken, I'd probably agree that uploading the file to the K is the same as copying it to your computer. There are usage limitations that may apply though (one computer and one portable device), so as long as you're within that, you're fine.

As for the rental/borrow issue, I would guess that upload must be done form the copy you own. So, you may not legally have the right to make a copy of someone else's disk, even if you own one yourself. I'm not sure about that, though.

 

[cinelife]

If it's a standard DVD, then the same rules apply as any other commercial DVD (can import that which you own, but not what is borrowed or rented). If it is a DVD with a digital DRM file, then that is slightly different. Unless the DRM license let's you convert the file to other formats (seemingly unlikely) like standard DVD, you'd have to break the DRM in order to convert the file. That being said, no one's going to come knocking on your door for doing so. Once broken, I'd probably agree that uploading the file to the K is the same as copying it to your computer. There are usage limitations that may apply though (one computer and one portable device), so as long as you're within that, you're fine.

As for the rental/borrow issue, I would guess that upload must be done form the copy you own. So, you may not legally have the right to make a copy of someone else's disk, even if you own one yourself. I'm not sure about that, though.

I agree as well. I was also assuming a separate license might be involved, which is why I made the comment. I sometimes teach Intellectual Property at the Law School and admit some of this is still a bit unclear.

Jim

 

[rgbyhkr]

I agree as well. I was also assuming a separate license might be involved, which is why I made the comment. I sometimes teach Intellectual Property at the Law School and admit some of this is still a bit unclear.

Jim

Agreed, it is indeed unclear. I was listening to a podcast (EngadgetHD) the other day where they were throwing out some digital media ethics questions. Stuff like if I DVR a show and then my HDD dies before I get to watch it, is it wrong to then torrent that episode so I can still see it? If I pay for an unlimited, subscription based music service, is it wrong for me to then obtain that same content via P2P as long as I don't violate the subscription's usage rules (number of machines, etc) and keep my account in good standing? These represent usage anomalies, like the K issue in this thread, but they are indeed valid questions. Beyond that, of course, right/wrong may be different from legal/illegal or even that which constitutes contract violation. Ah, the digital world is far from easy...

 

[cinelife]

Agreed, it is indeed unclear. I was listening to a podcast (EngadgetHD) the other day where they were throwing out some digital media ethics questions. Stuff like if I DVR a show and then my HDD dies before I get to watch it, is it wrong to then torrent that episode so I can still see it? If I pay for an unlimited, subscription based music service, is it wrong for me to then obtain that same content via P2P as long as I don't violate the subscription's usage rules (number of machines, etc) and keep my account in good standing? These represent usage anomalies, like the K issue in this thread, but they are indeed valid questions. Beyond that, of course, right/wrong may be different from legal/illegal or even that which constitutes contract violation. Ah, the digital world is far from easy...

Great questions. Usage contracts aside, in many cases it does come down to individual ethics, and when it does I believe most people have no problem duplicating media they own.

Jim

 

[Steven]

Scratched Disk

Hey,

How about this one....my perfect little 11 month old princess decides to 'teeth' on my Fast Times at Ridgemont High DVD, rather than her little teething ring. As result, I cannot import the DVD. I could rent it from the local rental store for a couple of bucks.

Since I own the media, could I rent the DVD and import it, then return the rental and keep the scratched media?

Just another scenario....

Thanks, Steven

 

[Steven]

PC Digital Copy versus K

Not a bad argument (K is just a PC).

Jim

I just got an e-mail from my insurance agent, who is going to jack up my coverage on 'electronic data processing equipment' because of my new K Mini System. They apparently consider it computer equipment, rather than A/V equipment, so my standard $1K limitation on computers applies.

Interesting....