Originally Posted by Clive At Five
According to Fair Use, it is legal to possess a copy of your media for personal use. However, it is illegal to break the encryption of the DVD to obtain such a copy.
Actually it's not consider fair use to make an "exact" copy for your personal use. An "exact" copy is only for backing up your disc. In case your disc becomes unreadable. (Like computer software.) Fair use does allow for you to convert to another media like to make a cassette tape of your albums (CD or vinyl) to play on a cassette player and use both at the same time. Or an MP3 for your computer or MP3 player. It really doesn't allow you to burn an "exact" copy (or copies) of your CD on to another CD and use all of them at the same time. But you can burn a mix CD from songs from different albums.
Same with DVD's. Fair use allow you to record using the analog hole without breaking encryption. (Though you may have to deal with marcovision.) So that you can get a VSH or Beta copy to play on your video tape machine. But you would not have an "exact" copy. Even if you use it to burn back to DVD. In order to get an "exact" copy you have to break the encryption. Which mean that you can not legally back up your DVD's on to disc or computer.
But really, the reason it's illegal to break encryption is to give the Studios more leverage when they catch people pirating to make money. It's not really enforced when it comes to the average home users. It makes it more difficult to do.
Of course I'm referring to US Copyright Laws. I heard that in countries like Australia, you can't even legally copy a CD on to your computer HD. Let alone make another disc.
Under the DMCA exemptions, it is legal to unlock your mobile phone to make it carrier independent. However, it is illegal to jailbreak an iPhone - the process required to unlock it.
Is is not illegal to jailbreak your iPhone. The key word word being "your". What's illegal is you jailbreaking other peoples iPhone for a business. You can sell the unlock code so that the owner can legally jailbreak (unlock) his own iPhone. (or any phone.) But no where does it state that Apple or ATT must supply the unlock code. Ever. And I can see why. If Apple were to sanction an unlock iPhone by giving away the unlock code, then they might also have to support it with their all their updates and apps. Across al the various carriers.
To me, it would follow that Fair Use would allow one to use OS X in any non-infringing way, like ripping a DVD or unlocking an iPhone. However, to do so, one would have to break Apple's EULA.
And Apple doesn't really care about any individual spending the time to hack OSX on to a Dell or Sony. But Apple don't have to make it easy for them. You see, the easier it is to hack OSX on to a netbook, the more likely people are to buy a Dell or Sony to run OSX. Why should Apple help Dell or Sony sell netbooks?
The purpose of Fair Use is to protect end-users from overreaching copyright zealots, not to catch people in the technicality of "illegally" breaking a DVD encryption, or "illegally" jailbreaking an iPhone, or "illegally" breaking Apple's EULA.
Unfortunately, we see fair use being eroded for the average consumer because of people like Psystar. Not because of copyright zealots.