[opendtv] Re: MPAA wants to stop DVRs from recording some movies

  • From: dan.grimes@xxxxxxxx
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Thu, 26 Jun 2008 08:44:35 -0700

I guess I'm getting my history and laws mixed up.  I was under the
impression that there is an element of "fair use" when it comes to media,
no matter which delivery platform (OTA, MVPD, physical) the media is
received.  I realize there is no specific law that provides this "fair use"
but there are plenty of court cases that have upheld this philosophy.
Perhaps it is very complicated since there is no particular law out there
that defines fair use.  Certainly, there are laws as to what it means to
hold copyright and if that is being infringed upon.  Many court cases have
attempted to provide the line between copyright and fair use.

So, one question is, does the ability to time-shift a movie (i.e. record on
a DVR)  that is received through an MVPD violate copyright?  I would argue
not, but certainly the MVPD wants to control the ability for the populous
to record, thus protect, it's material.

The other question is, can the owner of media prevent you from recording
the media; in other words, does this violate fair use?\

Dan




                                                                           
             "Adam Goldberg"                                               
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...

Whether there’s a right or not gets down to lots of things, but among them
is Fair Use, which is an element of the first amendment.  Someone with
more philosophy than me can determine whether that’s a civil right or
whatever.

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