[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Fri, 27 Jun 2008 15:42:47 -0400
Adam Goldberg wrote:
> It doesn't matter if there's been prosecution under the terms
> you state. The fact is that 1201 says what it says in
> reasonably plain language: 17 USC 1201(a)(1)(A), "No person
> shall circumvent a technological measure that effectively
> controls access to a work protected under this title. [...]"
I think you need to read further, Adam.
Below it also states clearly that copy protection cannoit be applied in
certain cases, which are exacly the cases the Betamax decision applies
to. This simply says that FOTA programs cannot be copy protected.
Why would you think that the 1984 ruling is immaterial? I don't get it.
Bert
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(2) Certain encoding restrictions. - No person shall apply the automatic
gain control copy control technology or colorstripe copy control
technology to prevent or limit consumer copying except such copying -
(A) of a single transmission, or specified group of transmissions, of
live events or of audiovisual works for which a member of the public has
exercised choice in selecting the transmissions, including the content
of the transmissions or the time of receipt of such transmissions, or
both, and as to which such member is charged a separate fee for each
such transmission or specified group of transmissions;
(B) from a copy of a transmission of a live event or an audiovisual work
if such transmission is provided by a channel or service where payment
is made by a member of the public for such channel or service in the
form of a subscription fee that entitles the member of the public to
receive all of the programming contained in such channel or service;
(C) from a physical medium containing one or more prerecorded
audiovisual works; or
(D) from a copy of a transmission described in subparagraph (A) or from
a copy made from a physical medium described in subparagraph (C). In the
event that a transmission meets both the conditions set forth in
subparagraph (A) and those set forth in subparagraph (B), the
transmission shall be treated as a transmission described in
subparagraph (A).
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