[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:
http://support.tivo.com/app/answers/detail/a_id/243
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.
Mike
*** 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
home.
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