[mythtv-users] recorded shows

Sun Jan 4 20:03:05 EST 2004

Do you understand that quote???
Lets break it down

c) The record and the District Court's findings show
(1) that there is a significant likelihood that substantial numbers of
copyright holders who license their works for broadcast on free
television would not object to having their broadcast time-shifted by
private viewers (i. e., recorded at a time when the VTR owner cannot
view the broadcast so that it can be watched at a later time); and
Sony is not liable because most copyright holders don't care if people
time shift (still illegal to do so but like j-walking they don't care)
(2) that there is no likelihood that time-shifting would cause
nonminimal harm to the potential market for, or the value of,
respondents' copyrighted works. The VTR's are therefore capable of
substantial noninfringing uses. (sony not liable because the product can
be used for legal uses) 

Private, noncommercial time-shifting in the home satisfies this standard
of noninfringing uses both because respondents have no right to prevent
other copyright holders from authorizing such time-shifting for their
programs, (Disney has no right to keep people from time shifting when
the owner of the copy right allows it)
and because the District Court's findings reveal that even the
unauthorized home time-shifting of respondents' programs is legitimate
fair use. You can do legal recording of copyrighted material under the
fair use so they cant ban it across the board) 

This says that VCR's cant be banned because some companies allow time
shifting and even if the company does not authorize time shifting there
are still times under the fair use (collecting data for a school
project) that it is legal in the home.

It does not say that you have the right to copy someone else's
copyrighted material for your own private use.

Tom J

Pp. 442-456. ( > 

-----Original Message-----

> From: mythtv-users-bounces at mythtv.org
> [mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Shawn Asmussen
> Sent: Sunday, January 04, 2004 7:11 PM
> To: 'Discussion about mythtv'
> Subject: RE: [mythtv-users] recorded shows
>
>
>
> >Please show me a govt link that holds your case not some
> website that is
> >3rd party interpretation to serve their interests.
>
> http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case
<http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&co> &co
> urt=us&vol=464
> &page=417#417
>
>
> Although findlaw is not technically a government site, all of
> the official
> US government sites that archive the Supreme Court opinions
> that I could
> find only had the opinions up to 1975. However, this link is not to an
> article stating a 3rd party interpretation. It is a link to
> an archive of
> the actual Supreme Court opinion.
>
> Here is a direct quote from the Supreme Court opinion:
>
> (c) The record and the District Court's findings show (1)
> that there is a
> significant likelihood that substantial numbers of copyright
> holders who
> license their works for broadcast on free television would
> not object to
> having their broadcast time-shifted by private viewers (i.
> e., recorded at a
> time when the VTR owner cannot view the broadcast so that it
> can be watched
> at a later time); and (2) that there is no likelihood that
> time-shifting
> would cause nonminimal harm to the potential market for, or
> the value of,
> respondents' copyrighted works. The VTR's are therefore capable of
> substantial noninfringing uses. Private, noncommercial
> time-shifting in the
> home satisfies this standard of noninfringing uses both
> because respondents
> have no right to prevent other copyright holders from authorizing such
> time-shifting for their programs, and because the District
> Court's findings
> reveal that even the unauthorized home time-shifting of respondents'
> programs is legitimate fair use. Pp. 442-456.
>
> In particular, note the last portion of the last sentence.
> "THE DISTRICT
> COURT'S FINDINGS REVEAL THAT EVEN THE UNAUTHORIZED HOME
> TIME-SHIFTING OF
> RESPONDENTS' PROGRAMS IS LEGITIMATE FAIR USE"
>
> Now, that is not a 3rd party interpretation of anything. That
> is a direct
> quote from the Supreme Court decision. Is that good enough?
>
> Shawn Asmussen
>
> -----Original Message-----
> From: mythtv-users-bounces at mythtv.org
> [mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Tom Jaeger
> Sent: Sunday, January 04, 2004 4:24 PM
> To: 'Discussion about mythtv'
> Subject: RE: [mythtv-users] recorded shows
>
> http://www.copyright.gov/fls/fl102.html
> This covers fair use and is straight from the source.
> "Section 107 contains a list of the various purposes for which the
> reproduction of a particular work may be considered "fair," such as
> criticism, comment, news reporting, teaching, scholarship,
> and research.
> Section 107 also sets out four factors to be considered in determining
> whether or not a particular use is fair"
>
> Fair use does not protect home users from copyright infringement.
>
>  Your statement "This is different from the "fair use" that
> most people
> refer to when they talk
> about this subject." Is disproved by my link above to the govt page on
> fair use and proves your statement wrong
>
> My previous mention of the fair use is because it was mentioned as a
> defense for making a copy ... I was saying that it does not apply
> because I/we are not using it for educational purposes.  The supreme
> court was not ruling as to if it was legal for a person to record a TV
> show but they were ruling as to if a company could
> manufacture a product
> that was made to record a show.
>
> Please show me a govt link that holds your case not some
> website that is
> 3rd party interpretation to serve their interests.
>
> Tom J
>
> > -----Original Message-----
> > From: mythtv-users-bounces at mythtv.org
> > [mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Jeff Monks
> > Sent: Sunday, January 04, 2004 5:03 PM
> > To: Discussion about mythtv
> > Subject: RE: [mythtv-users] recorded shows
> >
> >
> >
> > > Fair use guidelines are offially known as "Guidelines for Off-Air
> > > Recording of Broadcast Programming for Educational Purposes"
> > > So fair use does not apply to you unless you are a teacher
> > and then does
> > > not apply to HBO or other special services.
> > > I have included a link for info on Fair use below.
> > > Tom J
> > >
> > >
> > http://www.nolo.com/lawcenter/ency/article.cfm/objectID/94F153
> 9D-B61C-41
> > 5B-BE3ED4F8BFE7F1F3/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E
>
> >From the page you link to:
>
> "These guidelines (known officially as "Guidelines for
> Off-Air Recording
>
> of Broadcast Programming for Educational Purposes") do not have the
> force
> of law and have never been tested in the courts."
>
> They're just guidelines for non-commercial, educational use
> of recorded
> copyrighted programs, agreed to by teachers and media companies.  This
> is
> different from the "fair use" that most people refer to when
> they talk
> about this subject.
>
> Generic "fair use" exemptions in the 1976 Copyright Act were
> held by the
>
> Supreme Court to encompass personal non-commercial recording devices
> (originally the VCR, but presumably also DVRs) in 1984.  The
> ruling in
> that case includes the statement:
>
> "One may search the Copyright Act in vain for any sign that the
> elected representatives of the millions of people who watch
> television
> every day have made it unlawful to copy a program for later
> viewing at
> home, or have enacted a flat prohibition against the sale of machines
> that
> make such copying possible."
>
> In other words, the Copyright Act does not make it illegal to make or
> use
> such devices for noncommercial, personal recordings.
>
>
>
>
> 

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