From: Tom Barry <trbarry@xxxxxxxxxxx>
Sent: Jun 26, 2008 6:40 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies
You could get much more technical or question the credibility of
Wikipedia, but I'll go along with their summary, that says time shifting
specifically IS fair use.
- Tom
--------------------
from:
<http://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Universal_City_Studios,_Inc.>
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417
(1984)[1], also known as the "Betamax case", was a decision by the
Supreme Court of the United States which ruled that the making of
individual copies of complete television shows for purposes of
time-shifting does not constitute copyright infringement, but is fair
use. The Court also ruled that the manufacturers of home video recording
devices, such as Betamax or other VCRs (referred to as VTRs in the
case), cannot be liable for infringement. The case was a boon to the
home video market as it created a legal safe haven for the technology,
which also significantly benefited the entertainment industry through
the sale of pre-recorded movies.
...
John Willkie wrote:
I've already addressed where fair use helps, so I won't repeat that.
As for your question, the issue "is in play" and I don't think any court
of competent jurisdiction has ruled on whether time-shifting is licit or
illicit. I'd also offer that no consumer should bring such a case,
because they would lose what they already have.
Yes, a content owner/distributor can signal that you cannot record
content, and many devices will not do this when CGMS-A signals such.
Think of "fair use" as the IPR equivalent of an "entrapment" defense.
It might work at trial, but it won't keep you out of court.
John Willkie
-----Original Message-----
From: dan.grimes@xxxxxxxx
Sent: Jun 26, 2008 8:44 AM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some
movies
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 t he media; in other words, does this violate fair use?\
Dan
Inactive hide details for "Adam Goldberg" <adam_g@xxxxxxxxx>"Adam
Goldberg" <adam_g@xxxxxxxxx>
*"Adam Goldberg" <adam_g@xxxxxxxxx>*
Sent by: opendtv-bounce@xxxxxxxxxxxxx
06/26/2008 06:43 AM
Please respond to
opendtv@xxxxxxxxxxxxx
To
<opendtv@xxxxxxxxxxxxx>
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Subject
[opendtv] Re: MPAA wants to stop DVRs from recording some movies
...
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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