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

  • From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
  • To: "OpenDTV (E-mail)" <opendtv@xxxxxxxxxxxxx>
  • Date: Tue, 7 Dec 2004 11:43:24 -0500

Jarrett Vance wrote:

> Consider for a second that your a huge fan of CSI.
> Now sometimes you won't be able to watch the show
> live so you may record it and watch it later. Your
> penalty for not watching the show live is that you
> really wanted to know why Grissom was in jail but
> you didn't find out as soon as you could have.
> Your reward for not watching the show live is that
> you get no commercial interruptions.

This reasoning is premised on the idea that people
must have instant gratification. Which is why, by
your argument, not watching a show like CSI live
deserves a reward.

(Parenthetically, to me, being forced to comply with
broadcasters schedules is the punishment that
deserves the reward. So your analysis would not
work in my case.)

On the other side of the coin, I can easily argue
that free OTA TV's only chance of being competitive
with the umbillical services *is* the increased use
of recording. So recording cannot be viewed by the
broadcasters as being "bad." If broadcasters made
effective use of their time on the air, an OTA user
with recorder would have way more content to watch
than time to watch it. But broadcasters can't be
expected to transmit good stuff outside prime time
if they figure it will get stolen outright.

Just as cable companies wouldn't waste time on
premium services if people could buy boxes that
bypass the encryption without paying the cable

Fair use will not go to hell if fast forward is
allowed but not ad skipping. And ad writers I
believe can make this work very well for themselves

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