[mythtv-users] Motorola DCX3200-M

[Michael T. Dean]

On 09/01/2015 03:39 PM, Scot Kreienkamp wrote:
> Now if I give that copy to my brother to watch or keep then I've 
> broken the law.  That I fully admit.

Many people have posted to clear up some of the misinformation in this 
thread, but I just wanted to mention one more issue with your 
statements.  Your statement above seems to be very clear, that "if I 
give that copy to my brother to watch or keep then I've broken the 
law."  However, even something as seemingly simple as that statement 
gets extremely complicated when you mix rights-holders, 
greed^H^H^H^H^Hmonetary value, lawyers, and such.

I agree that giving a copy of a recording you've made to another person 
is a violation of US copyright law, but what most people don't realize 
is that there are many interpretations of the meaning of "give".  In 
some interpretations, "performing" the recording for another person is 
considered "giving" and is considered a violation of US copyright 
law--meaning if you invite your brother over for dinner and sit down 
after you eat to watch a show you recorded, it's a copyright violation.  
You are allowed under fair use to make a recording of the show, but if 
your brother (or, presumably, anyone in any other household) wants to 
watch the same show, he must make his own recording or watch it when 
originally broadcast.  Other interpretations say that performance of the 
recording must be done on the original equipment that would have been 
used to perform the original broadcast--i.e. you couldn't take your 
MythTV box over to your brothers, but any number of people can watch the 
recording with you (and often, that "with you" is a requirement) on your 
MythTV box and TV.

Also, note that time-shifting is a term that's often 
misunderstood/misinterpreted/interpreted-for-my-own-best-benefit by DVR 
users.  While you're allowed to record broadcasts from legally-available 
services under fair use, it's pretty clear that you're not allowed to 
archive or library recordings.  This means that you're allowed to record 
the show and watch it (in some interpretations, exactly once--and in 
some interpretations, that means you and your S/O have to watch it at 
the same time) within a "reasonable" time after original broadcast (in 
some interpretations, as little as 30 days).  After watching once or 
after the expiration of the fair-use time-shifting period, you no longer 
have a fair-use right to the content of the recording.  If you want to 
see the show again, you're expected to either re-record it or find 
another (legal) performance to do so.

So, in general, even if you feel something is clearly supported by law, 
there are probably so many nuances of both the law and the situation 
that must be considered that it's probably best not to make any 
statements about what people are allowed to do--especially on a 
publicly-archived mailing list.

Note that the point of my post is not what is or is not legal under US 
fair-use/copyright laws, but that it takes a lot of words (far more than 
are in US Code, Title 17) to say what you can or cannot legally do under 
copyright law.  So, as others have mentioned, please be careful with the 
generalizations and with giving "legal" advice on list.

Mike