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

  • From: Mark Schubin <tvmark@xxxxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Thu, 26 Jun 2008 18:04:32 -0400

dan.grimes@xxxxxxxx wrote:

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?

If I sell my book, and you buy it (or look at it in a library) and quote it, that's fair use. If I hold it in front of you and flash it open and closed, and you say, "Open it again; I couldn't read it," and I say, "No," there's nothing about fair use that says that I have to open it again for you. So, if content is made available to be seen for a certain time period but not recorded, there's nothing about fair use that requires it to be made available for recording.


TTFN,
Mark



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