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Originally Posted by Kevin-SFBucks
Gideon.. Alex... I kept reading over and over again in the BetaMax decision and in a few other cases that time-shifting was for private, in-home use. Kind of blows it out of the water when you take it out in public and out of your own home.
Gideon.. read the decisions on fair use... read what section 107 has to say specifically about it. Teaching, commentary, parody.... You are taking one decision (BetaMax) and saying that it overrules copyright law.... it does not... it supplements it.
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your miss quoting me again
fair use as a whole supercedes the exclusive rights granted by the act
the two are tied completely together your exclusive assignement of rights is conditionally applied based on you recognizing that fair use is not infringing.
timeshifting is a new fair use right, and it is equal to in protection any of the other fair use rights -- including teaching, commentary, parody. It like all the other fair use right supercedes the exclusive right granted under section 106.
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Copyright law is the king of the pile and fair use deals with some exceptions. It's amazing that when people want to break the law they find loopholes... everyone else just says, hey.. this doesn't belong to me, maybe I should pay for it. Or .... OH SHIT ... my copy got thrown away, I guess I have to pay for another. No one in their right mind goes back to Sony Pictures and says I have a right to your show I bought 15 years ago... you must provide me with another copy or else I will get one by file sharing. Take care of your fucking house man... be responsible. If you lose or miss something, deal with the issue and pay for it.
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you understand that with copyright you are not selling me the content you are selling me a right of use said content. IF courts interpreted the laws that way you are interpreting them then rio case you referenced would have had the exact opposite ruling.
You are trying to argue in favour of double dipping on payment. (just like in the Rio case) You want to force the extra revenue by RESELLING a right of access and pretending you are selling me the content.
But that is not who copyright law works.