Quote:
Originally Posted by Barefootsies
You said it more simply than I did, bravo!! That is exactly what I was trying to get to, or say. 
It is the WAY, or the technology used that is the deciding factor. Not the back up. One is private use. The other allows mass access. Which is essentially distribution regardless of how it is painted otherwise. |
100% totally wrong
daisy chain enough vcrs together and you commit mass distribution. Put the copied tapes in video store, and you can commit mass distribution.
The fact that the technology CAN be used infringe does not make the technology infringing. if it did the VCR would be illegal
The VCR is legal because the timeshifting act is fair use, and therefore outside the scope copyright holders exclusive rights. IT is a legitimizing use of the technlogy, which prevents the whole scale elimination/blockage of the technology.
an ISP level blockade would represent similar such blockage of the technology, and would therefore face anti-trust/fair use legal challenges.