[mythtv-users] MythTV vs. Windows Media Center

Michael T. Dean mtdean at thirdcontact.com
Thu Feb 10 21:23:59 UTC 2011

On 02/10/2011 03:32 PM, Ben Kamen wrote:
> On 2/10/2011 1:43 PM, Eric Sharkey wrote:
>> This surprises me.  TiVo's support for what it calls "Multiroom
>> Viewing" and "TiVo To Go" are not compatible with copy-once content.
>>   http://www.tivocommunity.com/tivo-vb/showthread.php?t=451107
> For the stuff that is "Copy Never" -- I remember reading a bunch about 
> Fair Use concerning the RIAA Lawsuits and in the process a bunch about 
> how it related to Video and the "Broadcast Flag" (thus thus whole road 
> for the pcHDTV cards and so forth) pushing the building of one's own 
> Copy-Proof DVR..
> The "copy never" seems to fly in the well defined Fair Use that says a 
> viewer is legally allowed to record a baseball game
> strictly for viewing in his home for non-commercial purposes. Am I not 
> remembering this right or have the laws been
> change further against fair use?

AFAIU (IANAL), recording a baseball game (or any other copyrighted 
broadcast) *in whole* strictly for viewing in your home for 
non-commercial purposes is /only/ covered under fair use for the purpose 
of time-shifting***.  Shows marked "Copy Never" can be recorded for 
time-shifting on a device that's certified to adhere to copyright 
protection mechanisms (such as TiVo), but are only available for 90 
minutes after broadcast:


TTBOMK, there is no verbiage in any part of Title 17 that attempts to 
put a boundary on what's considered time-shifting--only some vague 
terminology using words like, "reasonable."  Therefore, for Copy Never 
content, the industry has determined this "reasonable shift" is 90 
minutes after broadcast ends.  That said, almost no shows are marked as 
Copy Never because of the backlash from consumers--and most instances of 
its occurring in the past 10 years have been mistakes--the flag was 
applied in error.  (You may also remember hearing about Windows MCE 
deleting some show a few years ago--this was one such case of mistaken 
application of the flag by the broadcaster.)

There has been a lot of discussion about what's reasonable for other 
content, and I've seen statements that 30 days is the maximum, 
regardless of how or where it's recorded.  Granted, no definite time 
limit has been set in the courts or the law.


*** Fair use allows for other reproductions of copyrighted material, but 
specifically, "for purposes such as criticism, comment, news reporting, 
teaching (including multiple copies for classroom use), scholarship, or 
research" (17 U.S.C. § 107).  And, please, don't try to tell me you 
planned to criticize, comment, report, teach, or research the game.  :)  
Fair use takes into account the purpose and character of the use, the 
nature of the copyrighted work, the amount and substantiality of the 
portion used, and the effect of the use upon the potential market--it's 
not a blanket provision allowing copying copyrighted content within your 

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