[mythtv-users] aereo

[Eric Sharkey]

On Thu, Jun 26, 2014 at 6:30 AM, Michael T. Dean
<mtdean at thirdcontact.com> wrote:
> On 06/25/2014 08:33 PM, jedi wrote:
>>
>>      The bar owner is offering content to multiple people.That makes it a
>> public performance.
>>
>>      Aereo wasn't. There were old DVD rental shops that used a similar
>> approach
>> and managed to survive judicial scrutiny because the courts at that time
>> did
>> not redefine the notion of a public performance.
>
>
> Well, something must have happened because buying a license to watch a
> home-use VHS video was about $8 or so, and a home-use DVD was about $12, but
> the license for a for-rental DVD (paid by the DVD rental shop) was somewhere
> around $80+ (per license or copy)--and, AIUI, much higher for some,
> depending on content/popularity/what the owner could get away with
> charging...

My understanding was that video rental stores generally bought the
same media as consumers and rented it out with no additional
"license".

For physical copies, anyone with a legitimate copy may
sell/rent/loan/destroy that copy without restriction of the copyright
holder per the first sale doctrine.  You don't buy a license to watch
a home use VHS tape.  You buy a VHS tape with a copy of a movie on it
created by someone with a license to make copies.

Eric