dougoftheabaci said:
As you yourself stated all of this also falls under the category of Fair Use. As such, since it's a grey area, it can be argued to be illegal and legal at the same time. Thus, until a ruling body decides one way or another it is theoretically not an illegal act. Just because one law states it is and another says it isn't, the one saying it isn't in that situation since it's more specific to the uses of the individual for personal enjoyment of legally purchased merchandise takes precedence.
To some degree I agree and to some degree I disagree. I agree that it is unknown if it is really legal or not because as I noted, it has not been tested in court. But, you cannot just say that because there is a conflict, it is deemed legal. That is an issue for a court to decide. Thus, the reality is that IF you rip a DVD, you might be committing an illegal act as deemed by the DMCA...and until legal precidence is set for such a situation, you tushie is exposed to legal action, which you could lose. The other way to look at it is that there is law on the books that makes that act illegal. Until that law is ruled unconstititional or improper or however else you want to phrase it, it is a legally binding law. Thus, if you rip a DVD and "get caught" doing it, then you can be taken to court and you could be found "guilty".
Having said that, I believe there are lot of people who believe that it is unenforceable due to Fair Use rights. Thus, in the end, it becomes a personal decision as to how much risk believe is there and whether you personally want to take that risk. There is still a reasonable chance that it could be deemed by courts to be enforceable, so ripping DVDs does care the potential for some legal risk even if only used under Fair Use for personal use. In other words, ripper beware.



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