[opendtv] Re: Is 'Fair Use' in Peril?

  • From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
  • To: "OpenDTV (E-mail)" <opendtv@xxxxxxxxxxxxx>
  • Date: Mon, 6 Dec 2004 10:00:46 -0500

Tom Barry wrote:

I had written:
> > If Congress allowed CE manufacturers to completely
> > hide ads, then Congress would be unfairly doing the
> > bidding of the umbillical services companies. Because,
> > of course, advertizers would put less and less money
> > into TV shows as recording devices become more common.
> > Which, for FTA TV especially, would be the kiss of
> > death.
> Sorry, but that does not compute.  Most anything is
> allowed just by the default action of Congress not
> having done anything about it yet.  And rightly so.

I agree with the general principle of anything goes
unless forbidden.

I assume, then, that the CE industry should also be
allowed to market boxes that I can buy openly, allowing
me to receive cable and DBS, including premium programs,
without having to pay the cable and DBS companies?

> Now obviously, if Congress were to allow the
> manufacture of automobiles the buggy whip
> manufacturers might suffer a bit.

Let's use this example, although analogies don't often
work well.

We will agree that the buggy whip lost its role in the
marketplace when cars replaced horses and carts. But
does that mean that looting of buggy whip stores should
have been allowed? After all, Craig would say, buggy
whips were on the way out regardless.

If OTA and ad-assisted programming is truly on the way
out, I'm sure it will die a natural death. This doesn't
mean that govt should look the other way when folks out
there unfairly help the industry in its demise. The
govt should not be in bed with umbillical service

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