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

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Fri, 27 Jun 2008 01:07:42 -0400

The point is I have the legal right to make home recordings of such media as I can legally access there. Nothing you have said makes my original statement below any less true.


- Tom

John Willkie wrote:
perhaps, but you have missed the point, since your consumer "rights" start and 
end with what you buy, not with what a content owner can or can't prevent you from 
recording.  Them's their rights, not yours.

These things have been litigated in the courts, and your putative "rights" 
didn't survive.

Caveat emptor! (for those in Rio Linda, that means "buyer beware" not "viewer 
beware."

Create your own content, and the situation is a bit different.  But, there's a 
reason why Lambchop and Punch and Judy are no longer on TV; consumers demand 
more sophisticated content, even for kids.

John Willkie



-----Original Message-----
From: Tom Barry <trbarry@xxxxxxxxxxx>
Sent: Jun 26, 2008 11:36 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies

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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