[mythtv-users] CableCard Chain.

[Simon Hobson]

Richard Morton wrote:

>>Its entirely possible he was introduced to digital audio matters by a
>>law abiding UK citizen :-)

>although technically correct that it is illegal, notable politicians 
>(including the current Prime Minister) have stated on radio that 
>they rip CDs. So technically illegal practically it is not enforced.

Indeed, so widespread and "acceptable" has it become that it would be 
a very brave and foolish company that tried to do anything about it.

>  It comes down to the terms of sale and the three little words on 
>the back of CDs which say "All rights reserved." which (as I 
>understand it and I am not a solicitor) remove your fair-use rights.

In law, nothing in such a contract can remove any legal rights, so if 
there was a "fair use" provision in our copyright law, then these 
words could not remove that.
There are some clauses that allow certain "fair use" copying (mostly 
for libraries & archiving IIRC), but nothing of much use to us as end 
users.

>The UK has an exception for TV time shifting; although that maybe 
>case-law rather than legislation; and (I seem to recall that) the 
>limit is a 28day timeshift although even the most draconian of DVRs 
>in the UK (Sky+) does not enforce this.

I thought it was just one of those "illegal but officially 
sanctioned" things until recently, when it was pointed out that it's 
enshrined in the Copyrights Designs and Patents Act, Section 70.
http://www.legislation.gov.uk/ukpga/1988/48/section/70

Bear in mind that for the Sky+ box, that is only sold as part of a 
package and so Sky are able to do this under their own contract 
terms. Ie, because Sky are in a position to say that you are allowed 
to do it, it's not breaking any laws. For the general case of buying 
a PVR (or building a MythTV system) and recording Freeview or 
Freesat, then you would be bound by whatever terms the broadcaster 
imposes and the general copyright laws.

The CDPA doesn't specify a time limit, it just says "solely for the 
purpose of enabling it to be viewed or listened to at a more 
convenient time". I suspect the 28 days was just guidance from 
someone in the past - but it would be for a court to decide if 
keeping recordings of whole series for many years fell under that or 
not (in most cases, it would be hard to argue that it did).

-- 
Simon Hobson

Visit http://www.magpiesnestpublishing.co.uk/ for books by acclaimed
author Gladys Hobson. Novels - poetry - short stories - ideal as
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