I thought the USPTO position was kind of clueless, but the whole problem can be
a moot point. It looks like the FCC has seen the light:
http://arstechnica.com/information-technology/2016/08/us-copyright-office-sides-with-cable-companies-against-fccs-set-top-rules/
"[FCC commissioner Jessica] Rosenworcel's statements raise the possibility that
the plan could be changed significantly before a final version is approved. In
the meantime, FCC officials are reviewing an alternative proposal from the
pay-TV industry that would require cable companies to deploy video applications
for third-party set-top boxes using open standards."
There. Problem solved.
Oh, as to making personal recordings of the material, that was decided eons
ago. It's allowed. End.
Bert
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