[mythtv-users] tv_grab_au immir... defunct?

[Max Barry]

Mark Hetherington wrote:
> On Tuesday 18 July 2006 22:20, Bruce Nordstrand wrote:
>> The copyright info from yourtv.com.au: 
>
> Isn't their whole copyright notice pointless if you don't have to agree to
> their terms to access the data?
> Just put in the HTTP headers of the grabber:"by accepting this TCP connection
> you agree to be bound by the terms of use of this web scraper....."

No, because it's copyright law, not contract law. For example, if I find
a copy of THE DA VINCI CODE in a garbage bin, the fact that I have no
contract with the copyright owner doesn't mean I can go off and start
printing copies.

But then, yourtv.com.au are claiming all kinds of things they don't have
the power to. For example, copyright law doesn't let you prevent people
from using your data "in conjunction with any device." To enforce that,
they WOULD need a contract. But they may be within their rights to
prevent you from making whole copies or distributing it.

(Disclaimer: I am not a lawyer.)

We're in this silly situation because in Australia, unlike other
countries, collections of facts can enjoy copyright protection. (I think
the White Pages was the precedent-setting case, so blame Telstra.)
Exactly how far that extends to TV Guide data is unclear -- especially
on the web, where everything is cached/copied/distributed in some manner
or other anyway. But being able to at least threaten a copyright law
suit gives the Aussie TV networks a weapon against PVRs that they lack
elsewhere.

Of course, I have no doubt that in 10 or 20 years, the fact that TV
Stations fought so hard on this will be seen in the same light as how
the movie studios tried to ban VCR players. It would be nice if these
guys would wake up and smell the new world, rather than pouring energy
into fighting a doomed battle against the inevitable.

Max.