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 the media; in other words, does this violate fair use?\
Dan
"Adam Goldberg"
<adam_g@xxxxxxxxx>
...
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.