[mythtv-users] TIVO and cablecard ?

Ben Kamen bkamen at benjammin.net
Wed Feb 3 21:16:40 UTC 2010

On 2/3/2010 2:28 PM, Michael T. Dean wrote:
> Check your contract.  You never payed for the content.  You paid for the
> cable TV *service* (i.e. paid someone to send a signal to your
> house--and they keep doing that as long as you keep paying).  No where
> do you gain rights over any of the content of that signal.
> There's a /huge/ difference.

Indeed there is. But I think both of you are right just not wording it correctly.

He has paid not just for "service" but for viewing "access" to premium content.

If the contract is worded like you describe, than there should be no difference in service
of someone on basic vs. someone on extended basic vs... you know.

But the difference in one service offering over the other is the access to types of content.

You are correct, he's not paying for the content. He's paying for viewing access to that content.

Fair use gives him the right to make a copy for his viewing purpose. (although it's blurry right now as to the whats,wheres and so forth in those details) I would argue I own a DVD/CD and I should be able to view it anywhere I want on any device I want. (My CD's are ripped to MP3 and I listen to that same copy in my car or in my office off a shared drive. If the music industry had their way, every time the tune starts a ding would sound and I'd have to insert money. Fortunately, the US congress has deemed that to be unfair.)

Just like he has a right to make a copy of a baseball/football game for HIS viewing purposes.
VCR or DVR should not make a difference.

He does not have a right to sell, distribute those copies.

DRM in this case only limits access. And yes, while is sucks that he can't access it the way he wants (one of the chief problems with DRM) Access is being made available to him and thus fulfilling that contract of access.

All DRM does is DELAY pirates and piss off legitimate users.

Sad but true.

Sorry John, you do not own that content you've paid for access to. You're only licensed to view it.

I do think from a copyright aspect though, that's not so unfair.

However, making a copy (by process of recording) of content that you're licensed to access for your personal viewing pleasure at a later time or more conveinent format is and should remain to be fair.


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