Wha? I agree with Mark's point, but you've reached the wrong conclusion. There's nothing about Fair Use which gives you a right to insist that he show you the book again. But if you do remember enough of it to quote, that should be fine. Also, if you managed to take a photo of the page he was showing you, that'd be fine too (probably). From: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] On Behalf Of dan.grimes@xxxxxxxx Sent: Thursday, June 26, 2008 6:39 PM To: opendtv@xxxxxxxxxxxxx Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies For some reason I didn't receive Mark's post. But like John, I, too, am pleased to hear from you, Mark! So what I hear Mark saying is that fair use does not mean "time-shifting". Dan Inactive hide details for John Willkie <johnwillkie@xxxxxxxxxxxxx>John Willkie <johnwillkie@xxxxxxxxxxxxx> John Willkie <johnwillkie@xxxxxxxxxxxxx> Sent by: opendtv-bounce@xxxxxxxxxxxxx 06/26/2008 03:25 PM Please respond to opendtv@xxxxxxxxxxxxx To opendtv@xxxxxxxxxxxxx cc Subject [opendtv] Re: MPAA wants to stop DVRs from recording some movies Good to have you back, Mark. I was thinking just the other day that your observations were lacking in the room. John -----Original Message----- >From: Mark Schubin <tvmark@xxxxxxxxxxxxx> >Sent: Jun 26, 2008 6:04 PM >To: opendtv@xxxxxxxxxxxxx >Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies > >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 > ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.