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

With that conclusion, surely you believe that the DMCA 1201
anti-circumvention provisions are unconstitutional?

-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] On
Behalf Of Albert Manfredi
Sent: Thursday, June 26, 2008 10:35 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies


Tom Barry wrote:

> However if the media can be legally accessed then there
> is currently nothing that says it may not also be legally
> time shifted. Nobody is required to give you the means
> to do so but they also may not currently use the law to
> stop you if you are able to do it yourself in that situation.

I would go further, though. I'd say that any product that is sold as a TV
recording device has to be able to operate as the public has come to expect.
Which is very much in line with the Supreme Court views in the Betamax
decision and also mentioned in more than one FCC ruling.

I can see people claiming that nowhere do the courts force CE manufacturers
to build recording devices that meet my definition. Fine, but then don't
sell them without explicitly marking them as crippled.

Furthermore, FOTA broadcasters who transmit "copy never," knowing full well
that at least SOME recorders out there will be prevented from copying, are
clearly being non-conformant to that court decision. I can't think of any
interpretation, obtuse as many of these can be, that would deny my point.

Bert

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