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CBP officer gave me a stern warning that my laptop shouldn't have ripped DVD/Blu-ray

CBP officer gave me a stern warning that my laptop shouldn't have ripped DVD/Blu-ray

Old May 13, 10, 9:24 am
  #16  
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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?
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Old May 13, 10, 9:31 am
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My first question would be to ask him how it affects our security when flying.
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Old May 13, 10, 9:33 am
  #18  
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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.
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Old May 13, 10, 9:34 am
  #19  
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Originally Posted by wiredboy10003 View Post
My first question would be to ask him how it affects our security when flying.
It was CBP.
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Old May 13, 10, 9:37 am
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Just say it's your digital copy

A lot of the Blue Rays I buy now are in a combo pack that include a digital copy.
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Old May 13, 10, 9:38 am
  #21  
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Originally Posted by ESpen36 View Post
Perhaps they didn't trust that you actually owned the DVDs. As far as I know (though I am not a lawyer), it is legal to make a "backup" copy of content that you OWN (as long as it is for your personal backup use only).
It is not legal to do so (and I am a lawyer).

But it is very very illegal to rip DVDs that are rented or otherwise do not belong to you.
That's a very interesting question. Under the DMCA, the act of decrypting them is illegal. However, it is possible (note use of the word, "possible,") that DMCA issues notwithstanding, it would come within Fair Use to copy rental disks for later viewing.

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.
I would LOVE for a CBP officer to try and tell me what they told the OP, above. It would make for an interesting discussion.

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.
A receipt (and whether or not you own the disks) is irrelevant to this discussion.
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Old May 13, 10, 9:47 am
  #22  
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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.
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Old May 13, 10, 9:48 am
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Originally Posted by wiredboy10003 View Post
My first question would be to ask him how it affects our security when flying.
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.
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Old May 13, 10, 9:50 am
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Originally Posted by LuvsParis View Post
If you had a picture of the cover of the DVD and the receipt for it, you'd be good.
Huh?
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..?
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Old May 13, 10, 9:51 am
  #25  
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Originally Posted by ORDinaryPax View Post
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.
I wonder when they will start searching laptops at internal border checkpoints?
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Old May 13, 10, 9:51 am
  #26  
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Originally Posted by greentips View Post
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.
Absolutely incorrect.

The Digital Millenium Copyright Act made it illegal to make and distribute certain software to copy them in the US,
The DMCA made it illegal to defeat copy protection mechanisms.

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.
Sony v. Universal (the Betamax case) stood for two propositions: (1) that it is fair use to time shift broadcast material, and (2) videotape recorders had substantial non-infringing uses. Fair use is a defense to copyright infringement, an equitable doctrine that is fact specific. Moreover Sony v. Universal was decided decades ago by a less business-oriented Supreme court that assumed that the recording would be ephemeral and no one would amass a library of copyright-protected video material. Given the current makeup of the SC, I'm not at all convinced that the Betamax case would be decided the same way today.

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.
That is not only not a logical conclusion, it is an incorrect statement of the DMCA.

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.
17 USC 104 codifies the equitable doctrine of Fair Use, but does not replace it. The four factors are a guideline that a court must consider, but the court may consider other factors as well. Moreover, no factor is dispositive.

Customs inspectors are not qualified to determine if the material is a fair use or not.
Yes, but . . . fair use is a defense to copyright infringement, i.e. but for the defense, the material would violate copyright law.

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.
That's a nice theory. However, with the availability of commercial digital download sources for video program material, it is considerably less likely that ripping a DVD to a hard drive would constitute fair use (and there have been a couple of video jukebox cases that have specifically held to the contrary). This is not to say that I, along with many other people, don't do it (I think the DMCA is a disgusting piece of legislation and, quite possibly, unconstitutional, at least with respect to the provisions regarding defeating copy protection mechanisms as applied). However, your understanding of the law is, unfortunately, quite wrong.

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.
Correct.

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
Yes. The AHRA specifically authorizes making audio copies in this manner.

as it will not affect one dime of revenue to the industry.
That is not necessarily true, but it is also only one factor in making a fair use determination.

Judges have ruled the reverse is true.
What is true? That you can't make an audio copy? That is incorrect -- at least since the AHRA.

I'll check with my patent lawyer who is very clever on these matters or perhaps PTravel will voice a thought or two.
Be careful what you wish for -- sometimes you'll get it.
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Old May 13, 10, 9:57 am
  #27  
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Originally Posted by PTravel View Post
The DMCA made it illegal to defeat copy protection mechanisms.
PTravel, do you know if there have there been any attempts to legally challenge the DMCA?
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Old May 13, 10, 10:14 am
  #28  
 
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Apologies for the multiquote

Originally Posted by Sam5 View Post
1. Download and install Truecrypt (works on netbooks)
2. Set up your encrypted container
3. Move everything to the encrypted container
this is good advice whether or not you have any media on your drive. This is actually a better solution then whole disk encryption because it raises less eyebrows. CBP will definitely notice if they can't get your computer to boot because its wholly encrypted. However, these ladies and gents aren't Bill Gates and an encrypted container will most likely pass without notice. I would suggest not moving *everything* so that the CBP can make a show of searching through whats left.

Originally Posted by greentips View Post
As for copying copy protected DVD, even that may be ok under DMCA if the copy protection is copied intact. IE you don't decode the encryption or otherwise disable this, from what I am told.
That is my understanding, that if copy protection isn't touched (aka you copy the raw 10101101 from the disk, that the DMCA never comes into play. There are a significant number of players that will accomplish this and mount and play the raw file. Under the DVD 'license', it is fine. However, the Blueray 'license' actually requires that you have the physical media present when viewing.

Originally Posted by halls120 View Post
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.
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.
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Old May 13, 10, 11:03 am
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Originally Posted by avsfan733 View Post

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.
What about this part of the DMCA:

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.
http://static.chillingeffects.org/1201.shtml
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Old May 13, 10, 11:26 am
  #30  
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Originally Posted by Travelsonic View Post
What about this part of the DMCA:



http://static.chillingeffects.org/1201.shtml
What about it?
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