SCREENERS - are they automatic warez?

[housepig]

Seems to me, as long as we're talking about warez, that if you make a backup copy of the DVD movie you bought, you're creating warez, because the act of making the copy was illegal

sorry, you are about to hear a Fair Use argument.

the whole reason that the owners of this site have no problem with people talking about backing up their own discs, but major problems with backing up rentals, borrowed discs, downloads, etc. is that Fair Use, whether codified into legal precedent or not, is still a legitimate argument, and a defensable position in sharing this type of information.

There is no decent defense for warez. If we talk about warez, we open this board up for problems. They are willing to run the risk of disseminating this information for Fair Use activities, not for warez.

My whole point in starting this thread was not to argue warez in general, or start some half-ass legal quagmire. I was asking for some insight as to screeners in the context of this forum and it's stance on warez. I got an answer that I'm perfectly satisfied with.

But yes, you are absolutely right, we are violating the law in the US every time we crack CSS. Give yourself a big pat on the back for being the very first person to bring this legal conundrum to light.

[Craig Tucker]

From a legal stand point its perfectly legal to own a screener copy. Recieving one has NO criminal or civil liablilities. Period. Anyone who argues differently just doesn't know what he's talking about.

What if it is stolen ?

Recieving such an item could then be classified as criminal activity.

[Raen]

If its stolen stolen. Like someone broke into George Lucas's compound and took it without permission. Then the standard laws apply.


However:A studio sending someone a creener that says "Proterty of xxx studios" Actually belongs to the person they send it to. The person who accepts it also accepts a conctractual agreement with it. Which basically says the item remain the property of the studio. If said person then gives it away he is in breech of contract. No laws have been broken(in the US anyways) but a contract has. The person can be sued. But the new person that has recieved it hasn't breeched a contract and can't be sued. And its not conisdered stolen property(even with the property of xxxx on it.) because the "remains the property of xxx" is actually a conctractual agreement.

Now if someone mis-represented themselves to get a screener(from the studios) or repeatedly is in breech of contract(that is accepting contracts that he has no intention of keeping) that /could/ be considered fruad. But it's a big leap to take on that and I doubt any prosecutor would ever conisder it unless the person is making lots of money off it, and/or reselling/distributing. In which case the person is already breaking a law.

If you own an actual stolen copy, like someone physically taking it without permission from a store/stranger house. Then that is, indeed, stolen property. Unless you were the one that did the actual stealing it wouldn't be a really big deal to own it(legally speaking, morally thats another question.) If you get caught with it, its retail value is under 20 dollars. It'd get returned to the owner and you'd get a fine. The fine would differ from state to state, and I don't know the law in each state,, but I think its safe to assume that all states treat 'possession of a stolen item' with a retail value of under 100 dollars NOT as a felony. Now if you have 100's of stolen dvd's thats a different story

[g_shocker182]

I saw a screener of Bruce Almighty and I think it would be impossible to sell it (or copies) as a bootleg because of all the "THIS IS PROPERTY OF MIRAMAX" and "THIS IS FOR DEMONSTRATION USE ONLY" signs that were on the top and bottom of the screen throughout the whole movie. Props to the major motion picture associations.

[Craig Tucker]

Actually belongs to the person they send it to.

Which basically says the item remain the property of the studio.

These two sentences contradict each other, does it belong to the studio or the person they send it to.

p.s. my comment, what if its stolen was a bit flippant after reading your comment.

Recieving one has NO criminal or civil liablilities. Period.