On Sun, 1 Oct 1995 Xur@aol.com wrote:

> Again, I disagree.  There have been several court cases that have come about
> because people rent prerecorded tapes and re-record for their own viewing.

	Please cite those cases and I'll look them up with Westlaw.  I 
doubt the holdings were that simplistic.

>  Federal courts have deemed this is NOT illegal since the re-recorder has no
> intention of making money off of the duped copies.  Some of the FBI warnings
> have been updated to include the phrase "any re-recorder beyond personal,
> non-profit use..."

	If such words were used, then it applies to that specific tape, 
_nothing_ more.  To my knowledge, there is no common law or federal 
statute that allow backup copying.  You can make backups of software 
because the software license on the sealed pack that contains the 
diskettee/CD-ROM specifically allows that. In absence of such release, it 
would be inadvisable in strictly legal sense to make such copies.  Of 
course, just about every software companies allow you to make copies.

	There is no _way_ video/movie industry will take a federal 'make 
home use copy as long as it's not for sale' statute or ruling lying 
down.  For one thing, it's always advantageous for the industry to have 
an objective guideline, and if there is anything you don't want to go to 
a jury, this is it.  It had been a directed ruling before and no way 
they'll give this up.  Secondly, there is no legal basis for allowing you 
to make backup copies.  Simply said, the movie contained in the tape is 
_not_ yours.  You don't have even the most miniscule property interest in 
that movie.  It's not yours.  It's not yours.  And it's not yours.  
Period.  So unless the copyright holder specifically releases you from 
certain constraints, all you can do is watch it in a manner consistent to 
home viewing.
	
	Again, I challenege your comment about there being 'several 
federal cases.'

> Xur

						--C h a e

                 paladine@p.imap.itd.umich.edu,  chaean@hom.net
			  http://www.cris.com/~chaean
                 "I'm strangely attracted to Camille Paglia..."
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