[mythtv-users] recorded shows

Shawn Asmussen asmussen at cox.net
Sun Jan 4 17:20:54 EST 2004


Since you bring up the EFF as a reference, I would also like to refer you to
their Fair Use FAQ, where the EFF also refers to the Sony V. Universal case.
Here is a quote from section 4:

In addition, in 1984 the Supreme Court held that time-shifting (for example,
private, non-commercial home taping of television programs with a VCR to
permit later viewing) is fair use. (Sony Corporation of America v. Universal
City Studios, 464 U.S. 417 (1984, S.C.)

Here is a link to the complete FAQ:

http://www.eff.org/IP/eff_fair_use_faq.php

Here is a link to a section of Stanford's site on Fair Use:

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.htm
l#1

Here is a quote from that site:

Fair use. In a lawsuit commonly known as the Betamax case, the Supreme Court
determined that the home videotaping of a television broadcast was a fair
use. This was one of the few occasions when copying a complete work (for
example, a complete episode of the "Kojak" television show) was accepted as
a fair use. Evidence indicated that most viewers were "time-shifting"
(taping in order to watch later) and not "library-building" (collecting the
videos in order to build a video library). Important factors: The Supreme
Court reasoned that the "delayed" system of viewing did not deprive the
copyright owners of revenue. (Universal City Studios v. Sony Corp., 464 U.S.
417 (1984).)

Here is a quote from an article from the Harvard Law Review:

Justice Stevens, writing for the majority, 19 based the Court's ruling
primarily on three nested propositions: (a) recording without permission a
copyrighted television program for the purpose of "time-shifting" -- i.e.,
watching the program once and only once at a later time -- is a fair use of
the copyrighted work

And of course a link to the article I'm quoting from:

http://cyber.law.harvard.edu/people/tfisher/FairUse1.htm


Shawn Asmussen


-----Original Message-----
From: mythtv-users-bounces at mythtv.org
[mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Tom Jaeger
Sent: Sunday, January 04, 2004 2:51 PM
To: 'Discussion about mythtv'
Subject: RE: [mythtv-users] recorded shows

http://www.eff.org/Legal/Cases/sony_v_universal_decision.html
Here is a technical link to the court ruling. The court is saying the
copyright owner can not sue a manufacturer for producing a product that
can be used for copyright infringement. 

The link you showed was taking the court ruling and putting their own
spin that the court did not say.
Tom J

> -----Original Message-----
> From: mythtv-users-bounces at mythtv.org 
> [mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Shawn Asmussen
> Sent: Sunday, January 04, 2004 4:36 PM
> To: 'Discussion about mythtv'
> Subject: RE: [mythtv-users] recorded shows
> 
> 
> 
> 
> Hello all! I recently joined the list because I am getting 
> ready to build a
> MythTV box (PVR-350, and box to put it in are being shipped 
> currently).
> 
> For the record, simply recording a TV show to a VCR is most 
> definitely NOT
> illegal. At least not here in the United States. Walt Disney 
> and Universal
> studios TRIED to make the VCR illegal, however a 1984 Supreme 
> Court ruling
> found that recording of television programs for private use, 
> and for time
> shifting falls under the 'fair use' exception to copyright 
> law. Here is a
> link with more info on that subject:
> 
> http://eightiesclub.tripod.com/id353.htm
> 
> That being said, the sharing of those shows online is another matter
> entirely, and in most cases probably is illegal, although IANAL.
> 
> Shawn Asmussen
> 
> 
> -----Original Message-----
> From: mythtv-users-bounces at mythtv.org
> [mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Tom Jaeger
> Sent: Sunday, January 04, 2004 1:58 PM
> To: 'Discussion about mythtv'
> Subject: RE: [mythtv-users] recorded shows
> 
> 
> 	Yes if you want to be completely accurate it is against
> copyright law to make any copy of any show, movie, etc...
> Just saving it to a vcr or myth tv box is illegal.  But no 
> one is going
> to say anything as long as it is personal use.
> Tom J
> 
> 
> > -----Original Message-----
> > From: mythtv-users-bounces at mythtv.org 
> > [mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Tobias Luetke
> > Sent: Sunday, January 04, 2004 3:46 PM
> > To: Discussion about mythtv
> > Subject: Re: [mythtv-users] recorded shows
> > 
> > 
> > J. Donavan Stanley wrote:
> > 
> > > Michael wrote:
> > > 
> > >> Is there an online mailing list or similar that mythtv 
> > users can post to
> > >> for shows that they've missed that someone else may have 
> > recorded?  I
> > >> missed the Michael Jackson special on CBS and wanted a copy.
> > >>
> > >> Thanks,
> > >> Michael
> > >>
> > > 
> > > To do so would violate US and international copyright law...
> > 
> > Even if the item was publically broadcasted ?
> > ( e.g. no subscription based channel )
> > 
> > May I lend my VHS tapes to friends or is that forbidden too ?
> > 
> 
> 
> 
> 





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