Re:The Big [Censored] Theory
by Spivak on Tuesday August 30, 2022 @01:07AM
(#32646816)
That doesn’t matter since you are allowed to copy your own digital media for the purpose of dealing with that exact situation. A rental shop would legally be allowed to make a backup copy of every disc they have in case it gets damaged.
[ Parent
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Hmm, are they allowed to rent out the backup copy if the original breaks? I thought rental was based on first sale doctrine and backup copies are based on fair use. I'm not sure if you can combine the 2.
Re:The Big [Censored] Theory
by bryanrasmussen on Tuesday August 30, 2022 @02:46AM
(#32647352)
well I don't know either, but what purpose would a video rental shop have in making a backup copy in case the primary gets damaged if not to rent it out?
Hmm, actually researching this more, I don't think it's actually legal for a regular individual or corporation to make a copy of a DVD movie for backup purposes. I don't think it actually falls under fair use.
You can backup software[1][2] (allowed by law, not fair use) but not movies.
[1] https://www.southerncaliforniapatents.com/articles/2014/10/0...
Well once the disk was worn out, and you had a backup, you could re-sell the backup
Of course this may be abuse of the fair use backup copy, but when talking digital, we are anyways inventing philosophies.
Other way could be the backup could be entitled to "one last rental" to recoup last 4 bucks or so. I think that would be fair use but others may not.