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April 15, 2014


John Halton

Hi Laurie,

Interesting post. I'm sure that the new exception is going to have all sorts of unintended consequences, especially given the cloud storage aspect (so I can now rip a DVD, upload the digital version to Dropbox, and then stream it to my tablet wherever I am, without paying a penny more to the copyright owner - very nice!).

As for the hole you suggest may exist in s.28B, though, I think it may be closed by s.28B(3). The effect is to allow a chain of copying: once I've ripped my DVD (that I lawfully acquired on a permanent basis), that creates a copy of the DVD on my computer. When I play the DVD, that creates a new copy in RAM, when I upload it to Dropbox, that's creating a new copy, etc. etc., but that chain of copies all starts with the copy I lawfully acquired: my "own copy".

That seems to be effective in closing the hole you describe in your post - in that a "personal copy" can't be a copy made under another exception; it can only be a copy made under s.28B.

I suspect one other "unintended consequence" will be vendors finding ever more creative ways to chip away at what constitutes a "permanent basis". May encourage more use of rental/streaming services?

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