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PostPosted: Sat Mar 14, 2009 5:37 am 
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NewDeep wrote:
The subject of this topic is "illegally manufactured and illegally sold" DVDs, pirated DVDs because they are illegally manufactured without due royalties doing where they should and without permission from rights holders. Money from such enterprises is said to be funding terrorism!

Actually this is a "grey" area. When a Shemaroo DVD is sold in the UK, the UK rights holder loses out and although the regular term used for this is parallel imports, smuggling only refers to bringing in goods into a country without paying custom duties and/or athering to custom laws of the country, it is for all practical purposes a pirated product, atleast in those territories where Shemaroo does not have the rights to the particular title.


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PostPosted: Sat Mar 14, 2009 5:52 am 
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yes sanjay, "parallel imports" it is.
but in no way does it make the shemaroo a pirated dvd. shemaroo published the dvd quite legally, it's one who's selling them (not shemaroo) who may be selling it unlawfully in lands where shemaroo does not have rights to be sold.

A pirate dvd is one which has either been copied directly from an original dvd film disk, or more commonly, one which has been downloaded via the Internet and burned to dvd disk. Or made from "camera prints".

"To make use of or reproduce (another's work) without authorization"

---

You must have seen copies of bestseller books being sold on pavements and on street signals etc. those are pirated books because they are illegal prints of original prints. however, in india, if you have an overseas version of The Da Vinci Code published legally in the US or UK, that doesn't mean it is a pirated book; of course how you acquired it may or may not be lawful.


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PostPosted: Sat Mar 14, 2009 7:00 am 
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NewDeep wrote:
yes sanjay, "parallel imports" it is.
but in no way does it make the shemaroo a pirated dvd. shemaroo published the dvd quite legally, it's one who's selling them (not shemaroo) who may be selling it unlawfully in lands where shemaroo does not have rights to be sold.

A pirate dvd is one which has either been copied directly from an original dvd film disk, or more commonly, one which has been downloaded via the Internet and burned to dvd disk. Or made from "camera prints".

"To make use of or reproduce (another's work) without authorization"

Like I said earlier, this is a a "grey" area, specially due to how the laws of different countries define 'piracy'. You might want to look into the case of 'Moser Baer' vs 'seventymm.com' wherin 'Moser Baer' has filed a case of piracy against 'seventymm.com' for renting 'original' Moser Baer DVDs. Also, I can cite numerous instances where in India, DVD libraries have been raided and totally original Hollywood DVDs from the US, have been seized under copyright laws and the DVD library charged under piracy.

Your statement, "To make use of or reproduce (another's work) without authorization" is an accurate definition of the word 'piracy'. Thus how the 'offending' dvd is manufactured or the source of the material on the DVD, is immaterial. No pun intended. It is important to keep in mind, that the 'dictionary' defination of a word, does not neccesarily mean the same as the 'legal' meaning of a word, specially considering the different laws and interpretations of those laws in various countries.


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PostPosted: Sat Mar 14, 2009 7:22 am 
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so it was the DVD LIBRARY that was charged-- right? Not the Hollywood Studios whose original DVDs were confiscated -- correct?

It's not that much of a grey area. This applies to just abt any product -- alcohol, books, fragrances, electronics items.

That's what it is. The DVDs were not pirated editions. But the sellers were pirates ;-)

Otherwise, they would have taken the next step and initiated efforts to close down the Hollywood DVD publishing facility, had that it been producing pirated dvds. Which is what usually happens when confiscated discs are actually pirated editions.

the related news item (in the first post) is abt pirated DVDs, as in "manufactured unlawfully", and how these illegally manfactured dvds can fund unlawful activities. such as the pirated DVDs discssed in these threads -- viewtopic.php?f=5&t=10397 and viewtopic.php?f=5&t=9591
--


btw. moserbaer took seventymm to court not over DVD piracy, but alleging a violation of its sole and exclusive video rental rights.


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PostPosted: Sat Mar 14, 2009 5:30 pm 
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NewDeep wrote:
btw. moserbaer took seventymm to court not over DVD piracy, but alleging a violation of its sole and exclusive video rental rights.

I am stating this from inside information on the whole case, moserbaer has charged seventymm.com under the 'piracy' laws, the term used by moserbaer is 'rental piracy'. Another interesting tidbit, under an existing existing Indian law all video rental is illegal, period. This is something that the Commissioner of Delhi police himself showed me in the law books and which is something I confirmed with India's top 'Intellectual Property' lawyer. This person by the way also used to represent the MPAA (Motion Pictures Association of America) in India and his contract with them expired only recently this past December. MPAA now has a full fledged office in India of their own to represent their interests in India.

In any case I do want to state that I am personally against piracy and the whole 'funding of terror' aspect, only makes my convictions against piracy that much stronger.


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PostPosted: Sat Mar 14, 2009 6:52 pm 
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that's neat info :-)
thx

in this whole case, however, no one ever said "moserbaer-manfactured discs were pirated discs". Which is what it is at core. the discs themselves are lawful/official and intended to be used lawfully. it is what you finally do with genuine/official discs that may be lawful/unlawful.

on the other hand, "unlawfully-manufactured" discs are what are themselves pirated discs, and it is such discs that the news item was referring to ;-)


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PostPosted: Mon Jun 14, 2010 5:46 pm 
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Sanjay wrote:
NewDeep wrote:
btw. moserbaer took seventymm to court not over DVD piracy, but alleging a violation of its sole and exclusive video rental rights.

I am stating this from inside information on the whole case, moserbaer has charged seventymm.com under the 'piracy' laws, the term used by moserbaer is 'rental piracy'. Another interesting tidbit, under an existing existing Indian law all video rental is illegal, period. This is something that the Commissioner of Delhi police himself showed me in the law books and which is something I confirmed with India's top 'Intellectual Property' lawyer. This person by the way also used to represent the MPAA (Motion Pictures Association of America) in India and his contract with them expired only recently this past December. MPAA now has a full fledged office in India of their own to represent their interests in India.

In any case I do want to state that I am personally against piracy and the whole 'funding of terror' aspect, only makes my convictions against piracy that much stronger.

Looks like the Pot is calling the Kettle Black.The piracy starts at the top with the Producers.


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PostPosted: Mon Jun 14, 2010 9:01 pm 
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sasural wrote:
Looks like the Pot is calling the Kettle Black.The piracy starts at the top with the Producers.
It most certainly is, exactly that. As stated by me earlier in this thread:
Sanjay wrote:
It is actually quite hypocritical of an industry that steals and borrows other people's work as frequently and as openly as they do, to complain about piracy. As the saying goes, "People who live in glass houses .....................".

But the fact remains, that what is ethically and or morally wrong is not always what is reflected in the laws.


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PostPosted: Fri Jul 29, 2011 3:06 am 
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"parallel imports" it is.
but in no way.


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