[mythtv-users] Boxee/Hulu?

[Nick Rout]

On Mon, Mar 2, 2009 at 11:49 AM, Steve Hodge <stevehodge at gmail.com> wrote:
> On Sun, Mar 1, 2009 at 10:28 PM, Eric Sharkey <eric at lisaneric.org> wrote:
>>
>> What we're saying in this discussion is that we think the terms requested
>> by Hulu are onerous and as such we're going to treat their works using
>> an "all rights reserved" license (i.e. no license).  Fair use still
>> applies and
>> as long as no redistribution or public performance or any other
>> prohibited activity takes place, it's all perfectly legal.
>
> My lay opinion is that this would not be considered fair use. USC 17 section
> 107 defines fair use:
> "...the fair use of a copyrighted work, including such use by reproduction
> in copies or phonorecords or by any other means specified by that section,
> for purposes such as criticism, comment, news reporting, teaching (including
> multiple copies for classroom use), scholarship, or research, is not an
> infringement of copyright."
>
> You're not doing any of that. You're simply seeking to avoid the conditions
> the copyright holder wants to impose. Two of the factors that count against
> you are that you're copying the entire work and that what you doing doesn't
> either advance knowledge or the progress of the arts. On the other hand it
> would be difficult to show an adverse effect on the value of the work since
> Hulu are giving it away for free.

you only have a right to fair use of something you have the right to
use in the first place.