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The UK Deems iTunes and General Backups Illegal
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Joom
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The UK Deems iTunes and General Backups Illegal
Quote:The High Court recently overturned private copying exceptions introduced last year by the UK Government, once again outlawing the habits of millions of citizens. The Intellectual Property Office today explains that ripping a CD in iTunes is no longer permitted, and neither is backing up your computer if it contains copyrighted content.

Late last year the UK Government legalized copying for private use, a practice which many citizens already believed to be legal.

The UK Intellectual Property Office noted that the changes were “in the best interest” of consumers and that they would bring copyright law into the 21st century.

However, the new regulation was short-lived. Fearing a loss of income several music groups objected at the High Court, which subsequently agreed that the new legislation is unlawful.

As a result the changes were overturned last month and the previous limitations were reinstated. To find out what the public can and can’t do under the law, TF reached out to the UK Intellectual Property Office, which provided some very clear answers.

“It is now unlawful to make private copies of copyright works you own, without permission from the copyright holder – this includes format shifting from one medium to another,” a spokesperson informed us.

The IPO specifically notes that copying a CD to an MP3 player is not permitted. This means that iTunes’ popular ripping feature, which Apple actively promotes during the software’s installation, is illegal.

Also, under the current law iTunes is actively facilitating copyright infringement by promoting their CD-ripping functionality. This means that the company could face significant claims for damages.

There is more though, as the law affects much more than just ripping CDs. Simply copying a song in an automated computer backup or storing a copy on a private cloud hosting service is also against the law.

“…it includes creating back-ups without permission from the copyright holder as this necessarily involves an act of copying,” wee were informed by the Government spokesperson.

Strictly speaking this means that UK citizens are not allowed to make a backup of their computer. After all, pretty much every computer contains copyrighted media. Needless to say, this turns almost the entire country into ‘outlaws’.

The Government is not happy with the High Court decision but it hasn’t decided whether it will propose revised private copying exceptions in the future. Copyright holders previously suggested allowing private copying in exchange for a tax on blank CDs and hard drives.

“As this is a complex area of law, the Government is carefully considering the implications of the ruling and the available options, before deciding any future course of action.”

As reassurance, the Government notes that that people shouldn’t be too concerned because copyright holders are not known to come after people who make a backup of their computers.

“The Government is not aware of any cases of copyright holders having prosecuted individuals for format shifting music solely for their own personal use,” the IPO spokesperson says.

However, copyright holders can take people to court over both CD-ripping and computer backups, if they want to.

I don't quite understand the logic behind this decision. It really seems as though the High Court is trying to blanket cover any possibility of piracy.

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05/08/2015 12:40 PM
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lembas
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RE: The UK Deems iTunes and General Backups Illegal
Wow, that is completely out of hand.

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05/08/2015 07:55 PM
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S7*
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RE: The UK Deems iTunes and General Backups Illegal
(05/08/2015 12:40 PM)Joom Wrote:  
Quote:However, the new regulation was short-lived. Fearing a loss of income several music groups objected at the High Court, which subsequently agreed that the new legislation is unlawful.

Of course this was going to happen. What a ridiculous decision. Copyright law reform is long overdue.

I refuse to buy digital versions of movies because it's not really "owning" a copy of the content, it's a license that could be lost/revoked given the right circumstances. I rent movies, buy physical versions or go to see them in the cinema instead.

Similarly, why should I buy music alongside paying for a music streaming service if I can't do what I want with it? Uploading content to a public space should absolutely be against the law but doing what you wish with the content you have paid for should not be.
09/08/2015 04:58 AM
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ZiNgA BuRgA
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RE: The UK Deems iTunes and General Backups Illegal
(09/08/2015 04:58 AM)S7* Wrote:  I refuse to buy digital versions of movies because it's not really "owning" a copy of the content, it's a license that could be lost/revoked given the right circumstances. I rent movies, buy physical versions or go to see them in the cinema instead.
Buying a physical version actually is no different as far as licensing is concerned (you own the physical disc and case, but not the music or artwork on it).


In reality, it's likely to be difficult to actually enforce this, and they know this.  Basically, the music industry is looking for an excuse to claim "royalties" from the sale of blank media / HDDs.

Well it sounds like the government may be looking into overturning the decision.  Either way, the UK seems to be a copyright haven at the moment.
31/08/2015 11:48 PM
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S7*
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RE: The UK Deems iTunes and General Backups Illegal
(31/08/2015 11:48 PM)ZiNgA BuRgA Wrote:  
(09/08/2015 04:58 AM)S7* Wrote:  I refuse to buy digital versions of movies because it's not really "owning" a copy of the content, it's a license that could be lost/revoked given the right circumstances. I rent movies, buy physical versions or go to see them in the cinema instead.
Buying a physical version actually is no different as far as licensing is concerned (you own the physical disc and case, but not the music or artwork on it).

Indeed, however I'd like to see them try to revoke such licenses, haha.
01/09/2015 03:20 PM
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ZiNgA BuRgA
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RE: The UK Deems iTunes and General Backups Illegal
Out of interest, do you buy digital versions of games (with DRM)?
If so, do you treat the DRM any different than you would with movies/music?
13/09/2015 05:31 AM
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S7*
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RE: The UK Deems iTunes and General Backups Illegal
Sure, I own quite a few games on Steam. While I'm aware of Steam's restrictions they've never bothered me - the value and convenience just about outweighs going out of my way to get physical versions. GOG Galaxy is a very interesting option that I will look into more, but I have little reason to at the moment as I'm not playing games much.

Steam DRM or non-DRM are better options than console versions but then there's the platform availability issue. I'm glad PC gaming is getting there - in terms of gameplay experience and convenience - but it's getting there slowly. It's not surprising Valve thought the Steam Machine was a good idea but the execution isn't there yet.
14/09/2015 11:54 AM
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