A small DVD rental shop closed down in our town recently and sold off its stock. It is illegal to put rented software ie. material that you do not own on the Kscape server, if the software has been sold such as in this case does that therefore mean that material can be put on the machine?
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Legal Stuff
- Thread starter mawilla
- Start date
At ridiculous prices I did buy a few but didn't want to put them on for fear of
any wrong doings from FBI and Kscape. I suppose technically as I own the DVD it is OK but it will still show up as a rented DVD will it not?
Also is the shop (now defunct) in breach of legalities as it sold rental DVDs?
any wrong doings from FBI and Kscape. I suppose technically as I own the DVD it is OK but it will still show up as a rented DVD will it not?
Also is the shop (now defunct) in breach of legalities as it sold rental DVDs?
I don't believe the store is doing anything wrong in selling previously rented DVDs... just look in any Blockbuster store and you'll see they do everything they can to sell off overstock of previously rented DVDs.
Similarly, I don't believe you are in violation of Kaleidescape's user agreement, nor DMCA or other law, by loading a disc that you purchased, regardless of whether it was "new" or "previously rented". You paid for it, the disc is now yours, and you can do with it what you like, including loading it on Kaleidescape. (DVDA vs. Kaleidescape lawsuit notwithstanding!)
The no-no is loading discs you rented or borrowed from others. This isn't the case in the scenario you described.
The other thing you need to do is to KEEP posession of the DVD. You must not sell any DVDs you own, or give them away, without first deleting it from your Kaleidescape.
You must have purchased or otherwise own each of your discs (for instance a gift of a DVD you received is obviously fine even though YOU didn't purchase it), and you must keep posession of the disc in order to be in compliance. That's my understanding of the agreement...
--josh
Similarly, I don't believe you are in violation of Kaleidescape's user agreement, nor DMCA or other law, by loading a disc that you purchased, regardless of whether it was "new" or "previously rented". You paid for it, the disc is now yours, and you can do with it what you like, including loading it on Kaleidescape. (DVDA vs. Kaleidescape lawsuit notwithstanding!)
The no-no is loading discs you rented or borrowed from others. This isn't the case in the scenario you described.
The other thing you need to do is to KEEP posession of the DVD. You must not sell any DVDs you own, or give them away, without first deleting it from your Kaleidescape.
You must have purchased or otherwise own each of your discs (for instance a gift of a DVD you received is obviously fine even though YOU didn't purchase it), and you must keep posession of the disc in order to be in compliance. That's my understanding of the agreement...
--josh
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As a practicing attorney, lecturer in Intellectual Property law, and a K dealer, Josh is correct, regardless of how you obtain legal ownership of the dvd (purchase or gift) you are permitted to load it into a K system. As he also stated, you must maintain legal ownership AND POSSESSION of the dvd to be in compliance with your K agreement, which, we believe, also keeps you legal in the area of current copyright law.
Most, if not all, of the rental companies sell used stock as demand for the movie drops off. Although I do not know what their respective contracts indicate regarding these sales, absent specific language to the contrary, they would be able to sell the used dvd's without violating copyright law.
Jim
Most, if not all, of the rental companies sell used stock as demand for the movie drops off. Although I do not know what their respective contracts indicate regarding these sales, absent specific language to the contrary, they would be able to sell the used dvd's without violating copyright law.
Jim