[mythtv-users] Motorola DCX3200-M

Eric Sharkey eric at lisaneric.org
Wed Sep 2 14:12:02 UTC 2015


On Wed, Sep 2, 2015 at 12:05 AM, Karl Newman <newmank1 at asme.org> wrote:
> On Tue, Sep 1, 2015 at 7:14 PM, Scot Kreienkamp <skreien at wcnet.org> wrote:
>>
>> I wasn't aware that there were any differences in laws of cable vs OTA,
>> but even so, the reference in almost all cable discussions is the copy flag
>> which is no longer even a law.  We're not talking encryption so the DMCA is
>> out of scope.  Arguments could be made either way whether that falls under
>> circumvention, fair use, etc.  Gary was right about one thing, it hasn't
>> been tested.  Until that specific case is brought to the courts it will stay
>> in limbo.  Since the courts generally side with precedent, and as the
>> precedent here was deemed fair use long ago, I fall on that side of the
>> camp.  Not surprisingly.  :)
>>
> While many of us believe the DMCA is a bad law and has seriously eroded our
> fair use rights, I'm not sure we would be pleased by the outcome of a court
> case challenging it. It's not wise to bet against those with the deepest
> pockets and the most to lose. Even if they are short-sighted.

Agreed.  I'm still trying to wrap my head around what happened in
Eldred v. Ashcroft.

The fact that these cases are not settled unanimously underscores how
much copyright law is filled with grey areas.  If supreme court
justices can't agree, I'm certainly not going to take the word of
anyone on this list as to what definitely is or isn't legal.  (Myself
included.)

Eric


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