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Old 02-02-2009, 12:30 PM  
gideongallery
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Join Date: Aug 2003
Posts: 7,082
Quote:
Originally Posted by Barefootsies View Post
Right.

Since you are not watching the commercials, then you essentially are not PAYING For anything you claim to pay for. That is how you, the TV watcher and consumer, fit into this puzzle. Your paying for cable is not giving you any copyright, or licensing you anything. You are paying for a membership essentially, or the signal, to receive cable channels. So the only bullshit here friend is you.

The rest of us just need to wear some waders when you are around.
Quote:
Originally Posted by CrkMStanz View Post
Gideon

for such an apparently educated person - you are not seeming very smart

tivo and pvr are devices used to allow a person to 'timeshift' their viewing rights in their own home - privatly (and don't give me the bullshit about inviting friends over to watch - thats no different then letting them come over and watch the actual brodcast) That was the intent of the current laws.
that what the original district court believed too
the appeals court ruled it was the act not the location that defined it legality because
in a conflict between the two it the act that takes precedent quite simply because for the scope of that ACT the copyright holders exclusive rights DO NOT EXIST.


http://www.eff.org/deeplinks/2008/08/victory-dvrs-cloud



Quote:
rapidshare, p2p, clouds, and torrents are all publically available - globally.

they are not even remotely the same thing (other than in principal)
the act of timeshifting the viewing rights that were bought and delivered on monday to tuesday is the same no matter what medium you use to do it. No if and or but about it.
That is exactly the point

Quote:
content ripped off of private websites that do not offer DVD or brodcast on public airwaves should NOT be available for public 'timeshifting'
total bullshit
the fair use right does not have to be re-established with each technology change, if it did tivo would have had to go to supreme court BEFORE they started selling their device.
Once a legal right has been established it apply to every person equally. My right to timeshift content from your website delivered on monday to friday is just as valid as my right to timeshift using a vcr in 1975. If i cancelled my membership between those two dates does not take away that right, just like the act of cancelling my cable between those two dates did not invalidate that right in 1975.


Quote:
The governments are starting to realize that there needs to be a distinction made. And they are going to rule against the public distribution methods or copyrighted content. They will not rule against tivo pvr VCR DVD etc... used by a private person for private use

They will rule against mass public distribution of copyrighted works. Free distribution to people that don't own the 'timeshifting rights' to the work.
and that is exactly they type of thinking that the sherman anti trust laws were designed to prevent. The destruction/prevention of a disruptive but superior distribution methodology. Which will result in going to the courts even if it is established by the government. There the courts will decide if that extension of the copyright act remains true to the intent of the original authors (giving enough monopoly powers to insentise copyright production without granting the full powers of a monopoly). I am pretty sure they court will rule against such a law because that is exactly what you are talking about doing.

Quote:
your 'timeshifting' arguement falls flat as soon as you use a globally publically available 'storeage' method.

I know you don't like it - but there it is.
only if it is equal in redundancy (x points of redundancy where x is the number of available seeds in the swarm) at the same cost (free). IF it is any way shape or form inferior either costing more or not providing the same level of redundancy the act of using the limited monopoly of copyright to force the adoption of the inferior technology would be and will always be a violation of sherman anti trust law. (which is s the point i was making about the courts who are not your friends deciding).
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