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

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Thu, 26 Jun 2008 23:36:21 -0400

The discussion has ranged somewhat far and wide on consumer vs copy rights. I'll stand by both the truth and relevance of my statement.


- Tom

John Willkie wrote:
"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."

Tom, you are not making sense, and the if in the sentence highlights that. 
"They" don't need to use the law to stop you; they only need to use 
electronics.  And, that's what we're discussing (by the way.)

John Willkie

-----Original Message-----
From: Tom Barry <trbarry@xxxxxxxxxxx>
Sent: Jun 26, 2008 6:47 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies

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.

- Tom


Mark Schubin wrote:
dan.grimes@xxxxxxxx wrote:
Naturally. But if a movie is released to an MVPD, I would think that this is giving one access to the movie. Now that one has access, would it not be "fair use" to record the movie on a DVR to view later? Or am I missing your point?

If I sell my book, and you buy it (or look at it in a library) and quote it, that's fair use. If I hold it in front of you and flash it open and closed, and you say, "Open it again; I couldn't read it," and I say, "No," there's nothing about fair use that says that I have to open it again for you. So, if content is made available to be seen for a certain time period but not recorded, there's nothing about fair use that requires it to be made available for recording.


TTFN,
Mark



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