CBP officer gave me a stern warning that my laptop shouldn't have ripped DVD/Blu-ray
May 13, 2010, 8:24 am
#16
A FlyerTalk Posting Legend
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 42,172
Since when is it the job of US Customs to enforce copyright laws or comment on what movies you have on your laptop assuming it's not illegal content (kiddie porn, etc.)???
Do they have the authority to confiscate your laptop because you have downloaded movies or other content on it?
Do they have the authority to confiscate your laptop because you have downloaded movies or other content on it?
May 13, 2010, 8:33 am
#18
Suspended
Join Date: Sep 2004
Location: USA
Programs: UA/CO(1K-PLT), AA(PLT), QR, EK, Marriott(PLT), Hilton(DMND)
Posts: 9,538
OP's experience is one reason why very strict rules need to be put in place regarding passenger selection, the inspection process and post-inspection follow-up of passenger complaints. Currently, CBP officials can and do act like complete rectal orifices because they can act like rectal orifices. Take that power away from them and officially make them subservient to us, and subject to devastating personal consequences and I think we might see a more efficient, effective and respectful organization geared toward facilitating passenger entry, rather than obstructing it. To paraphrase the words inscribed in one of my passports, offer me assistance and let me pass without let or hindrance, or suffer the consequences.
May 13, 2010, 8:38 am
#21
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
But it is very very illegal to rip DVDs that are rented or otherwise do not belong to you.
If you didn't have the DVD discs in question with you in your luggage, the officers would have no way of knowing whether you actually owned the content or had stolen it by ripping rented/borrowed DVDs.
So, I guess the moral of the story is not to travel with ripped DVD content unless you can prove that you own the discs from which you ripped the content. A receipt should suffice, I would suspect, if you didn't want to carry around the discs.
May 13, 2010, 8:47 am
#22
A FlyerTalk Posting Legend
Join Date: Jun 2005
Posts: 57,529
That it is illegal for me to make a backup copy for my own use of media I have purchased is stupidity at its finest.
It is this kind of practice by the entertainment industry that leads to people saying "screw the law, I'm going to make as many copies as I like."
I am not against artists being able to protect their work, but sometimes, they go a wee bit overboard.
It is this kind of practice by the entertainment industry that leads to people saying "screw the law, I'm going to make as many copies as I like."
I am not against artists being able to protect their work, but sometimes, they go a wee bit overboard.
May 13, 2010, 8:48 am
#23
Join Date: Mar 2009
Location: PEK
Programs: UA Premier Silver, SPG Gold
Posts: 128
Customs and Border Patrol is different from TSA. Part of their mission is to regulate what goods (tangible and intangible) move in and out of our borders. They are not responsible for aviation security.
May 13, 2010, 8:50 am
#24
Join Date: Jan 2010
Location: EWR
Programs: Cattle Class
Posts: 556
If I bought CD 10 years ago, and now loaded as MP3 into my player, I should carry copy of of the cover and receipt?
If I have 100 albums on my player, so I should carry the whole book of covers and receipts with me..?
May 13, 2010, 8:51 am
#25
FlyerTalk Evangelist
Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,165
I wonder when they will start searching laptops at internal border checkpoints?
May 13, 2010, 8:51 am
#26
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
When you answer their questions, you give them something to be used against you. So, don't answer their questions. You own it, proof is available in the appropriate forum and you're happy to provide the proof which is available at another location. How stuff got there is not their concern. Their only concern: did you infringe? answer: no. Nothing further need be said.
According to the Fair Use Doctrine, you are allowed to make personal, non-infringing copies.
According to the Fair Use Doctrine, you are allowed to make personal, non-infringing copies.
The Digital Millenium Copyright Act made it illegal to make and distribute certain software to copy them in the US,
but it is not against the law to copy the disks you've paid for under the fair use doctrine that goes back to a lawsuit against Sony for Betamax recordings.
A lay synopsis is included in a US News report here. Taken to its logical conclusion, the DMCA outlaws UNIX/LINUX/FreeBSD/MacOSX, since none of those operating systems care about their copy protection schemes.
Their "directives" to "crack down" on lawful activities are limited to the means by which things got put on the disk, not the fact that the copies exist. Hollywood, of course, would like that to not be the case, but under Sect. 107 has 4 clauses that taken together determine if the copy is a fair use exception.
Customs inspectors are not qualified to determine if the material is a fair use or not.
You paid for the right to view the movie when you bought the DVD, you do not need the permission of the owner to use that right as you see fit as long as you do not allow someone else to have a copy of your copy.
Just because they issue a directive does not make the directive legal, compliant with regulation and just because a regulation has been issued doesn't make it compliant with the law or the many nuances of case law.
I use itunes and download music. I also do not trust my laptop to be safe from thieves, customs agents or Thieving-Sneaky-Operatives or itself. Therefore, I make CDs of everyone of the itunes works I download and it goes into the archive. Just in case. I am allowed to do this
as it will not affect one dime of revenue to the industry.
Judges have ruled the reverse is true.
I'll check with my patent lawyer who is very clever on these matters or perhaps PTravel will voice a thought or two.
May 13, 2010, 8:57 am
#27
Suspended
Join Date: Sep 2004
Location: USA
Programs: UA/CO(1K-PLT), AA(PLT), QR, EK, Marriott(PLT), Hilton(DMND)
Posts: 9,538
May 13, 2010, 9:14 am
#28
Join Date: Sep 2009
Posts: 376
Apologies for the multiquote
1. Download and install Truecrypt (works on netbooks)
2. Set up your encrypted container
3. Move everything to the encrypted container
2. Set up your encrypted container
3. Move everything to the encrypted container
yup...however they would (and have) made the argument that it isn't illegal to copy, its only illegal to break encryption. The solution they proposed is playing your movie on a TV and videotaping the TV (seriously). They made that argument to try and prevent DMCA from being overturned for what it is, a serious and unnecessary restriction of consumer freedom.
May 13, 2010, 10:03 am
#29
Join Date: Nov 2007
Posts: 321
yup...however they would (and have) made the argument that it isn't illegal to copy, its only illegal to break encryption. The solution they proposed is playing your movie on a TV and videotaping the TV (seriously). They made that argument to try and prevent DMCA from being overturned for what it is, a serious and unnecessary restriction of consumer freedom.
© Other Rights, Etc., Not Affected. -
* (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.
* (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.
May 13, 2010, 10:26 am
#30
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062