Quote:
Originally Posted by gideongallery
again you are completely missing the point
they are not breaking the law AT ALL.
for the scope of a fair use (timeshifting in this case) all of your exclusive rights don't exist (not withstanding clause)
There is no copyright infringement ergo you are not breaking the law.
the friend who lent me a copy of knight rider in 1970 to watch at a timeshifted time, was not breaking the law. Neither is the 100s of friends who are letting me get a copy across the internet (via bit torrent)
in fact since none of those 1000s of people are ever giving me a working copy of the file
(if i played their pieces it would not work) it is less of a copyright infringement then lending me tape so i can get my favorite show.
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I think the fallacy in the timeshifting argument is that You.... and those with rights akin to you have a timeshifting right. Where in that right does it allow you to distribute to others that don't have that right?
By not restricting that distribution, you are committing copyright violation.
Distributing a show such as Knight Rider where the overall audience was what??? 2 million per episode is different that distributing membership based photos and videos where the paying audience is under 50K or under 5K.
Your timeshifting for yourself, not for your friends or for the general public when the delivered materials were not delivered such as the free materials you use as support of your argument. Store all the backups you like. no problem with that. share with others that have the same rights as you, no problem with that as well (as they are paying customers also). The problem is when the file gets delivered to a non-paying customer that has no right to it. I have put controls on the content/files to ensure that only paying customers have access to it. Where do you as a paying customer have a right to allow unrestricted access to a produced work?