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

  • From: dan.grimes@xxxxxxxx
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Thu, 26 Jun 2008 09:48:02 -0700

Naturally.  But if a movie is released to an MVPD, I would think that this
is giving one access to the movie.  Now that one has access, would it not
be "fair use" to record the movie on a DVR to view later?  Or am I missing
your point?

I guess I don't understand the difference between my VHS machine connected
to an antenna and a DVR connected to a MVPD.  Isn't it the same philosophy?
I know that I am allowed, and that a broadcaster cannot prevent, me from
recording a program on my VCR when tuned into their channel.  However,
would this apply to a program on a cable system?

But perhaps I am missing the point of the MPAA.  Are they saying that for
VOD and PPV, the fair use philosophy does not apply?

I am all for those that own media to be able to protect their media and
prevent others from using it for gain.  That certainly would not be fair
for someone else to make money off the owner's work, or even to view the
work without the owner's required compensation.  But if the owner prevents
me from viewing something that was paid for, especially if I paid directly
for it, it is certainly unfair to prevent me from being able to view it.

I guess then the question becomes whether I can view it on my schedule or
must I be forced to view it on their's.  I would argue that there is no
harm in viewing it on my schedule.  However, the MPAA might, not because my
view would bring harm, but because others might use it for their unlawful
gain.  That is the unfortunate reality of this fallen world.  But if, in
the process, it prevents me from viewing the rightfully paid-for
programming, then I am being taken.

Of course, using the media for making a point, such as quoting a book, is
another issue altogether.  But then, if I have paid for the program, like
buying the book at the store, do I not have the right to quote the book?
Do I not have the right to transfer a section of the movie to some other
medium and display it to the public, to make a point?  Does it matter how I
receive the program (MPVD, OTA, DVD, etc.)?

Dan




                                                                           
             Mark Schubin                                                  
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Fair use allows you to quote from my book.  It does not allow you to bust
into my home and go into my library to access the book.  Access and use are
different.

TTFN,
Mark


dan.grimes@xxxxxxxx wrote:


      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


      Inactive hide details for "Adam Goldberg" <adam_g@xxxxxxxxx>"Adam
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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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