Question: Is MakeMKV legal to buy & use in Australia?

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Hoover1979
Posts: 3
Joined: Sun Aug 07, 2016 1:28 am

Question: Is MakeMKV legal to buy & use in Australia?

Post by Hoover1979 »

This is only my second post, so if this post breaches any rules please remove it and PM me as to what rules it breached so I can make sure it never happens again, I do know that discussing the legal pitfalls of ripping programs is hot button, but really want to know the following question

So here it is:

As Australia has been named and shamed as "The Piracy Capital of Earth" I was wondering if this program is illegal to purchase, download and use in Australia.

Australia monitors internet traffic and retains the data for all Australians, and if this program is illegal in Australia, then purchasing it (via a VISA issued by an Australian Bank/Credit Union), then downloading it could get Australians into serious hot water.

Furthermore the Australian Federal government is cracking down of all forms of what it believes are "Copyright Infringement" by blocking websites that rightsholders whine and moan about (That list gets bigger every day, surprise surprise), suspending what constitutes as "Fair Use" and cracking down on those that breach Copyright laws and those that circumvent the Website Blocking (by using VPN's and swithching to Google Public DNS).

At some time, when my funds improve I want to support the developers of MaveMKV, for a great program. I use it to back up the blu-rays and Blu-ray3D's I purchase, to my media center (A large HDD on my PC which is in my lounge room, converted into a 3D 5.1 surround sound home theater), at no loss of quality, and have been using it with the developer issued free keys for quite some time. I can then use programs like Smooth Video Project to boost the framerate of my movie (As SVP needs the move to be a single video file, so it won't work on discs) as well as to be able to change movies with the click of a mouse rather than crossing the room, bending over and removing the old disc and inserting the new disc (Which is not so fun with chronic back pain brought on by a serious car crash 20 years ago).

I am worried that if I purchase a program that strips the DRM (Digital Rights Management, A.K.A. Copy protection) of DVD's and Blu-Rays with my Australian VISA card that I will get a knock on the door by the Australian Federal Police with a search and seize warrant for "Copyright Infringement" and lose my PC, get hit with a huge fines and end up in a court room, with the addition of the rights holders for every blu-ray and DVD I own being notified for the purpose of taking legal action against me.

So can someone with some knowledge of Australian law let me know if it is safe to purchase this program from an Australian IP Address on an Australian VISA card, without severe legal reprocussions?
Last edited by Hoover1979 on Sat Sep 16, 2017 6:48 am, edited 2 times in total.
Woodstock
Posts: 9914
Joined: Sun Jul 24, 2011 11:21 pm

Re: Question: Is MakeMKV legal to buy & use in Australia?

Post by Woodstock »

Your question needs a response from someone familiar with Australian law, and, particularly, judgements against types of programs. It's possible that a government could declare the simple ability to read out-of-region disks (something most software DVD and BD players allow) is "defeating copy protection", and thus illegal.
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DaveBinM
Posts: 20
Joined: Tue Sep 27, 2016 2:33 pm

Re: Question: Is MakeMKV legal to buy & use in Australia?

Post by DaveBinM »

In Australia, defeating DRM or encryption on a disc is illegal. However, using MakeMKV for ripping your own personal DVD or Blu Rays that do not have any DRM or encryption is perfectly legal within Australia. There's nothing illegal about possessing or using the software for this purpose. Whether or not you use it for other things, which are legal in other countries, is entirely up to you though.

I'd highly doubt there's any issue with purchasing software that has legal uses in Australia. There are several things you can purchase (say a knife, for example), which can be used for legal, or illegal purposes, however, purchasing it isn't a crime. I'd say you're pretty safe in purchasing MakeMKV.
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