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Originally Posted by gideongallery
under the current legal system an explict declaration that they will not here the case is a declaration that the ruling was exactly on point
there isn't even need for a decenting oppinion or limiting condition (see below)
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I'm not going to argue this, but this isn't really correct. It means that they chose not to hear it. It doesn't mean that the agree with it fully nor does it mean that they have ruled on it. Several times in this thread in very large letters you have said the "Supreme Court has ruled" when in reality they haven't ruled on shit.
There was an obscenity case a few years back where the defendant won during the initial case then lost on appeal. They asked the Supreme Court to hear the case and were turned down. Why? Because the court felt that there were still other processes that could be handled at a lower court, not because they agreed with the ruling.
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and guess what the original case had these issue as well and it still lost at the lower court level
the arguement that won and was reversed was the concept of public transmission being equal to public broadcast
this is what got reversed by the AC
it the validation that if you make a private copy from a public transmission it is entitled to fair use protection depending on the use of that private copy.
remember it not fair system it fair use.
please the cablevision os does that for the customer
and i can just as easily get the same level of hands off interaction by using the rss feed function of utorrent
subscribing to my favorite shows from tv related torrent tracker
like tvtorrents.com
that a straw man arguement at best and a completely bogus misrepresentation of the fact
those issue were considered irrelevent by the lower court ruling
the issue that defined weather it was infringement or not was the public transmission being considered equal to public broadcast
and that ruling was reversed by the appeals court.
bullshit
you don't play anything from the swarm
if i pause my playing it doesn't stop for anyone else
if i fast forward it doesn't fast forward for anyone else
if it stops it doesn't stop for anyone else
you play from your local private copy ONLY
the transmission of the data to the client side is thru a public medium for both examples
cablevision thru the internet
me thru the swarm.
again the key part of the ruling was that making a private copy from a public transmission is still allowed to have fair use protection.
your ignoring the rights granted by the court case (in this case the right to make a private copy from a public transmission) just like you ignored the rights granted by the original (in that case the right to make a commercial free personal copy) to make up rules that don't really exist.
your doing the same thing you did before with your official timeshifting vs swarm arguement in the other thread.
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You will come unglued here and honestly I don't care, but I think you are just talking out your ass here. To me the way the ruling sounds it went through simply because 1 person can make 1 recording of a show and watch it back and it involves nobody else. It doesn't say that someone else can make a recording of the show and then make me a copy of it. It seems like that would be a public broadcast. I am all for cable companies being allowed to use a could of servers as remote DVRs, but that doesn't give me the right to then redistribute whatever I record.
I see using the bit torrent swarm as a form of distribution. I know you say it isn't because you are just giving away parts of the information and not all of it, but to me that is simply semantics that will one day be ironed out in legal rulings and laws. You're distributing something to other people and if you aren't giving it all to them you are conspiring with others to distribute it. There are plenty of other ways to back up your content for free without giving copies of it to other people.
In the end when it comes to TV shows I don't really care. So long as the person downloading the show had access to that show originally I don't see the big deal. Where it burns me is with movies and music because I am convinced that most of those users are pirates trading stuff they have no right to own or distribute.