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Old 06-14-2011, 10:33 PM  
kane
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Join Date: Aug 2001
Location: portland, OR
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Quote:
Originally Posted by gideongallery View Post
then why did they not win on the original case ?

that arguement was made at the very beginning

why did they have to address the difference between a public transmission and a public broadcast if the 1 to 1 relationship was the winning arguement ?
Because they were able to successfully argue that if 1000 people record a show and all of them play it back simultaneously that is 1000 private viewings not a public broadcast which is what the opposition had been arguing.

The original broadcast of the show by the studio/network is a public broadcast, your recording and viewing of the recording is a private viewing.

This is how the legal system works. If you don't get the ruling you want you appeal and sometimes you get what you want on appeal.
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