[mythtv-users] Court rules commercial-skipping in recording covered under Fair Use

[Simon Hobson]

Gary Buhrmaster wrote:
>I got the impression it *is* hand marked.  And that is why it is
>accurate.  And that is why there could be cause for (legal) action,
>since it is Dish itself which is providing the (accurate) marking
>and skipping (past cases have supported individual consumer
>use rights to (edit) recorded content, but when third parties do it
>for you, things get a bit murkier).

And it's also why Dish have won this first round - they do **NOT** edit the content at all - which was what (IIRC) Fox claimed. The content is transmitted and stored as broadcast, and *IF* the user chooses to use the feature, the box can use the supplied cutlist information to make (real time) edits in what it replays. Any editing is performed on the user's box, in the user's premises - and is not different than the user using the skip button, other than having more accurate jump points. It also does not edit the recording, which retains the full broadcast material.

Fox claimed that DIsh were editing the material that was broadcast - and therefore infringing copyright by creating a derivative work. An obviously false claim, and in this case the court has seen sense.