# Is it unethical/illegal to burn Blockbuster dvds? **URL:** \ **Category:** Great Debates\ **Created:** [April 3, 2006, 6:37pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116 "2006-04-03T18:37:05Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [April 3, 2006, 6:37pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/1 "2006-04-03T18:37:05Z")
It’s my understanding that the [legality](http://www.burndvds.ca/dvd-copy-software/dvd-detective-more-info.htm) of copying movies ambigious at best, but is it unethical to do so? Does it matter if you own the movies, or if you rent them? ---
**Author:** ![norinew](https://avatars.discourse-cdn.com/v4/letter/n/eb9ed0/32.png) [@norinew](https://boards.straightdope.com/u/norinew)\ **Post date:** [April 3, 2006, 6:50pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/2 "2006-04-03T18:50:25Z")
I don’t have the technology necessary to burn videos, but if I did, I wouldn’t feel unethical about copying the ones I like enough to watch again, but not enough to rent again. IOW, if I really loved a movie, and wanted to watch it over and over, I’d either pony up the bucks to buy it or to re-rent it. But if I didn’t like it enough to put out more money on it, I don’t think I’d feel too bad about copying it. OTOH, this would potentially lead to a line of my being essentially dishonest with myself in order to justify burning a copy. Oh, hell, I dunno. But I’ll be interested to see others’ responses. ---
**Author:** ![pizzabrat](https://avatars.discourse-cdn.com/v4/letter/p/e9c0ed/32.png) [@pizzabrat](https://boards.straightdope.com/u/pizzabrat)\ **Post date:** [April 3, 2006, 7:39pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/3 "2006-04-03T19:39:30Z")
Yes, of course. It’s both unethical and illegal. The FBI warning at the beginning of every DVD answers the illegal question and the fact that you’re keeping a copy of a movie you didn’t pay for is unethical. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [April 3, 2006, 7:58pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/4 "2006-04-03T19:58:25Z")
It’s the same as it would be if you photocopied a book that you borrowed from a library, rather than buying yourself a copy. The only difference is that it can be easier to burn a copy of a DVD than it is to photocopy a whole book. ---
**Author:** ![Mayo\_Speaks](https://avatars.discourse-cdn.com/v4/letter/m/c57346/32.png) [@Mayo\_Speaks](https://boards.straightdope.com/u/Mayo_Speaks)\ **Post date:** [April 3, 2006, 8:05pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/5 "2006-04-03T20:05:41Z")
> [@pizzabrat](#): > > Yes, of course. It’s both unethical and illegal. The FBI warning at the beginning of every DVD answers the illegal question and the fact that you’re keeping a copy of a movie you didn’t pay for is unethical. That’s what I came in to say. ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [April 3, 2006, 8:10pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/6 "2006-04-03T20:10:24Z")
> [@pizzabrat](#): > > Yes, of course. It’s both unethical and illegal. The FBI warning at the beginning of every DVD answers the illegal question and the fact that you’re keeping a copy of a movie you didn’t pay for is unethical. Since when does the FBI have jurisdiction in Canada? Did you not see that the link went to a Canadian company? ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [April 3, 2006, 8:15pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/7 "2006-04-03T20:15:52Z")
IANAL, and the laws have tightened a bit lately in the US, but there is a difference between legality and ethics here. Copying a copyright item for resale or even free distribution to others is unquestionably illegal. But “fair use” advocates strongly argue that copying parts or all of a work for personal, non-commercial use, where you are not depriving the owner of revenue, is ethical. (Classroom use or quotes for reviews might fall in that category.) Indeed, I believe it is written into the law for some cases (books, magazines, etc.). Google for Lawrence Lessig and/or go to [eff.org,](http://www.eff.org/) the Electronic Freedom Foundation, for a liberal take on this viewpoint. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [April 3, 2006, 8:16pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/8 "2006-04-03T20:16:32Z")
Well, the laws are pretty damn similar in Canada- IANAL, but still it is \*unethical \* anywhere you go. An interesting ethical vs legal question is if you own a copy, but burn one _just_ for the purpose of lending to freinds. Selling the copy would be illegal AND unethical, burning one for your own back-up _seems_ to be legal _YMMV, IA_NAL and is certainly ethical, but burning one just to lend/give seems to be a grey area. Here, I’d say ethical but of doubtful legality. IANAL, YMMV. ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [April 3, 2006, 8:21pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/9 "2006-04-03T20:21:15Z")
Correction: that’s the Electronic _Frontier_ Foundation. Here’s a direct link to one of their pages on a related topic: [http://www.eff.org/IP/](http://www.eff.org/IP/) ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [April 3, 2006, 8:21pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/10 "2006-04-03T20:21:43Z")
> [@pizzabrat](#): > > Yes, of course. It’s both unethical and illegal. The FBI warning at the beginning of every DVD answers the illegal question and the fact that you’re keeping a copy of a movie you didn’t pay for is unethical. Actually, I don’t think it’s that cut and dry. Copying a movie you own may not be illegal, despite what the MPAA tells you. Maybe a lawyer can clear this up, but I’m pretty sure it’s not illegal. As [this](http://reviews.cnet.com/4520-3513_7-5128652.html) link states: > [@](#): > > Up until February 2004, 321 Studios’ hugely popular line of DVD-copying products, including DVD X Copy, DVD X Copy Xpress, and DVD Copy Plus, gave consumers the power to make backup copies of DVDs–even those with copy protection. But when a San Francisco federal judge ruled that 321 Studios’ **products were illegal because they circumvented commercial DVDs’ antipiracy technology–not because it’s illegal to make copies** , mind you–the party was over. Since then, 321 Studios has released new, ripper-free versions of its line of DVD copying apps, but these programs are considerably less potent and cannot copy commercial DVDs. > > The ability to create copies of the media you’ve purchased for personal use is a long-accepted facet of the fair-use doctrine in U.S. copyright law (at least, it used to be). However, the Digital Millennium Copyright Act (DMCA) states that it’s illegal to break the CSS copy-protection mechanism employed by most commercial DVD movies. What does that mean? **Most fair-use advocates say that the policy directly contradicts U.S. copyright law, but the DMCA seems to indicate that you cannot make a copy of a commercial DVD, even for personal use, and you certainly cannot give a copied DVD to anyone or watch copied DVD files on your computer. We assume that fair use will eventually catch up and be established as a safety valve for consumers (which has been the pattern with previous technologies, such as VHS), but for now, the territory is still uncertain and a bit dangerous**. Ethically speaking, I don’t think there is anything wrong with it. In all likelihood, nobody is being hurt, or losing money. It seems pretty innocuous to me. Would you care to elaborate on why you think it should be illegal, or why it’s unethical. > [@Giles](#): > > It’s the same as it would be if you photocopied a book that you borrowed from a library, rather than buying yourself a copy. The only difference is that it can be easier to burn a copy of a DVD than it is to photocopy a whole book. Not all “copying” is the same. I can copy TV shows for my personal use, and CDs. Both are legal and ethical (IMO). I don’t believe you can compare books and movies across the board. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [April 3, 2006, 8:24pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/11 "2006-04-03T20:24:03Z")
> [@adam yax](#): > > Since when does the FBI have jurisdiction in Canada? Did you not see that the link went to a Canadian company? Yes, but **Brickbacon** is American. And, Canadian copyright matters are governed by the Copyright Act, which I believe is similar to the American copyright law when it comes to making such recordings. ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [April 3, 2006, 8:26pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/12 "2006-04-03T20:26:22Z")
I should be more clear. I know burning a copy of a movie you’ve rented is illegal, but I don’t think it’s unethical. ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [April 3, 2006, 8:29pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/13 "2006-04-03T20:29:52Z")
> [@Captain Amazing](#): > > Yes, but **Brickbacon** is American. And, Canadian copyright matters are governed by the Copyright Act, which I believe is similar to the American copyright law when it comes to making such recordings. Sorry, I didn’t realize that link was a Canadian website. I didn’t mean to make jurisdiction an issue. I posted a link to CNET which discusses the American laws and the restrictions placed on copying digital media. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [April 3, 2006, 9:28pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/14 "2006-04-03T21:28:59Z")
> [@brickbacon](#): > > I should be more clear. I know burning a copy of a movie you’ve rented is illegal, but I don’t think it’s unethical. Isn’t it unethical to break the law? ---
**Author:** ![The\_Hamster\_King](https://avatars.discourse-cdn.com/v4/letter/t/8edcca/32.png) [@The\_Hamster\_King](https://boards.straightdope.com/u/The_Hamster_King)\ **Post date:** [April 3, 2006, 9:43pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/15 "2006-04-03T21:43:43Z")
> [@brickbacon](#): > > I should be more clear. I know burning a copy of a movie you’ve rented is illegal, but I don’t think it’s unethical. Renting is cheaper than buying. Implicit in renting is the idea that you are accepting limited access in exchange for a lower price. If you circumvent this limited access by burning a copy for yourself to keep, you are violating the spirit (if not the letter) of the rental agreement, which is certainly unethical. ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [April 3, 2006, 9:48pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/16 "2006-04-03T21:48:58Z")
> [@Fear Itself](#): > > Isn’t it unethical to break the law? The short answer: No. The long answer: Depends. It depends on how you define personal ethics. If you maintain that laws must be followed no matter what, then, Q.E.D., breaking any law is unethical. I think for most people, reason prevails over such philosophical and nonsensical logic. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [April 3, 2006, 9:49pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/17 "2006-04-03T21:49:53Z")
> [@Pochacco](#): > > Renting is cheaper than buying. **Implicit** in renting is the idea that you are accepting limited access in exchange for a lower price. (bolding mine) I haven’t read a video/DVD rental contract lately, but I’d be willing to bet that “do not copy” is stated _explicitly_ in the contract the renter has with the store. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [April 3, 2006, 10:08pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/18 "2006-04-03T22:08:35Z")
> [@brickbacon](#): > > In all likelihood, nobody is being hurt, or losing money. I don’t get it. People copy movies so that they don’t have to shell out the money to buy them. How does that not equal a loss of money for someone? ---
**Author:** ![lowkey\_but\_high\_locks](https://avatars.discourse-cdn.com/v4/letter/l/59ef9b/32.png) [@lowkey\_but\_high\_locks](https://boards.straightdope.com/u/lowkey_but_high_locks)\ **Post date:** [April 3, 2006, 10:13pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/19 "2006-04-03T22:13:02Z")
> [@Ravenman](#): > > I don’t get it. People copy movies so that they don’t have to shell out the money to buy them. How does that not equal a loss of money for someone? Because the copier might not have bought it otherwise? ---
**Author:** ![The\_Hamster\_King](https://avatars.discourse-cdn.com/v4/letter/t/8edcca/32.png) [@The\_Hamster\_King](https://boards.straightdope.com/u/The_Hamster_King)\ **Post date:** [April 3, 2006, 10:17pm UTC](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116/20 "2006-04-03T22:17:33Z")
> [@Otto](#): > > (bolding mine)I haven’t read a video/DVD rental contract lately, but I’d be willing to bet that “do not copy” is stated _explicitly_ in the contract the renter has with the store. Oh, I agree. But even if the rental contact doesn’t explicitly state so, such limitations are implied. If it’s not in the contract it’s not \*legally \* binding, but it’s still \*ethically \* binding. To be ethical in this transaction, you should be upfront with the owner about what you intend to do with the DVD. If you were to state in advance _“I intend to make a copy of your DVD before I return to to your store. Do you still wish to rent it to me?”_ then your ethical duty would be satisfied. (Of course the typical Blockbuster clerk doesn’t have the authority to grant such a request. But I assume we’re talking in the abstract here. You could mail your request to the Blockbuster corporate office instead of to the clerk.) [Next page](https://boards.straightdope.com/t/is-it-unethical-illegal-to-burn-blockbuster-dvds/351116.md?page=2)