Brake (the inventor of this thread) and others
1. I am an Australian legal practitioner (as defined in the Legal Professions Act 2004 as amended 2008). Where you wish to verify please contact me.
2. If you see on the previous page I am part of this thread. I borrowed Hanna and Fast Five, passed Hanna to another and am still retaining Fast Five. When I am ready I will pass Fast Five on.
3. I read the post by Gregory yesterday and was trying to reply but changed my mind and thought I should wait to hear from others. So this is the reason why I did not post until now.
4. Brake, the answer to this issue is yes and no in my own understanding of the current Copyright Act (Cth) 1968 as amended 2005. In my understanding, as long as we truly lend and borrow it between ourselves for private use, we are fine. Even we do not have this thread, my friends and I are borrowing/lending blurays amongst us privately. However, I am not a judge. My statement in this paragraph is not the law. It is only my legal understanding of the issue. I will release my evidence later why I understand as yes and no. The issue of infringement may arise where a borrower uses it in a way of infringing the copyright of the product. For example, the borrower rents it for money or he/she copies it for illegal distribution. There are many other examples of possible infringements not just the example. The second issue is we only have few discs in the pool. In the reality of a legal world, we may have a legal action at hand but we must think about whether it is worth chasing the matter via litigation. Is it worth spending a lot of time and money to chase it? Litigation (or engaging a lawyer in Australia) is very expensive at first.There are many good examples in real life on this matter.
5. Gregory, can you please give me further detail on what you say (ie how you came up with that statement). I wish to have a look. It is easy for brake to close this but, look, it will affect all of us involved in this thread so I need more information before I show you what I have at hand on this matter. And you decide on the balance of probabilities whether or not to continue this thread.
6. Brake, by the way, I was borne in a third world country where it is almost impossible to have a borrowing thread like this. In order for this to survive, as as you brake was concerned in your first post, it requires a great amount of trust amongst us. When I found this, I see that I am very grateful to live in Australia where one can trust another like this. This is the reason why I would like to advocate to maintain this thread. Where there is a possible infringement I will find a way to work around, if it is possible. Closing this thread is very easy. We need to promote the trust.
Edited by vhd611, 22 February 2012 - 09:16 AM.