[opendtv] Re: MVPD and VOD; A Solution to Time-Shifting

No, we certainly don't distribute any media other than what we originally
produce.  Students do not take copies with them but we do display
programming in the classroom.

If you ask a lawyer, even a university lawyer, they almost always say you
can't do something.  The lawyers under retention at the university are
about keeping the university out of the court room, not about supporting
instruction and what it has the legal justification to do.

As to the dorm rooms, we pay Cox a monthly fee per drop for every one of
them on campus, including dorm rooms, to the tune of around $10,000 a
month.  As you know, fair use doesn't mean free media.

We didn't always have to pay such high prices.  We used to pay $100 for one
drop which we would process and remodulate onto our own broadband system
(it was a mid-split for high LAN traffic with the gaurdband at 162MHz;
still in use today!)  That was before fees were invoked for media content
on a broadband system.

Dan





                                                                       
             John Willkie                                              
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                                       [opendtv] Re: MVPD and VOD; A   
             06/30/2008 03:30          Solution to Time-Shifting       
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John;


It's probably worse than that, since I was only vaguely am aware of the
classroom exception.  But, I do remember that doesn't necessarily mean
copies the students take home, nor watch back in their dorm (or other)
rooms.


However, it sounds like it exactly answer's Dan's needs ...


John




-----Original Message-----
From: John Shutt
Sent: Jun 30, 2008 5:13 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MVPD and VOD; A Solution to Time-Shifting 
John,

I think your memory let you down this time.  Education is a cornerstone of
fair use.

John

http://www.law.cornell.edu/uscode/17/107.shtml

§ 107.  Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A [17 USCS §§ 106 and
106A], the fair use of a copyrighted work, including such use by
reproduction in copies or phonorecords or by any other means specified by
that section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright. In determining whether the
use made of a work in any particular case is a fair use the factors to be
considered shall include--
   (1) the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
   (2) the nature of the copyrighted work;
   (3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
   (4) the effect of the use upon the potential market for or value of the
copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the above factors.

----- Original Message -----
From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>

> However, fair use 'generally' provides for using short exceprts for
commentary, illustration, satire.  Education, IIRC, isn't part of that.
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