German court declares paid time shifting service illegal....

[MaDalton]

Haven't found an english article about yet, but if you want to try with Babelfish or so: http://www.spiegel.de/netzwelt/web/0...620524,00.html

Basically Shift.tv was offering a time shifting service for ?4,99 a month and has now been declared illegal due to copyright violations in a final decision by a german court. the court declared, that only the TV stations would be allowed to offer this service, every third party service would violate the copyright holders rights.

and it was not the question if it was a paid service or not

[halfpint]

Hahahah now you are in trouble... Just you wait until Gideon Gallery gets in here

[MaDalton]

Originally Posted by halfpint

Hahahah now you are in trouble... Just you wait until Gideon Gallery gets in here

i am anxiously awaiting him

[Fletch XXX]

Already been settled in the US, way back in 1979

http://en.wikipedia.org/wiki/Time_shifting

In 1979, Universal sued Sony, claiming its timed recording capability amounted to "copyright infringement". However, a district court found that noncommercial home use recording was considered fair use and ruled in favor of Sony. In appeals, the United States Court of Appeals reversed this decision in 1981 giving the edge to Universal, but the Supreme Court of the United States reversed it yet again in 1984, and found in favor of Sony 5-4. The majority decision held that time shifting was a fair use, represented no substantial harm to the copyright holder, and would not contribute to a diminished marketplace for its product. Today, this is widely referred to as the "Betamax case" or "Betamax decision".

[MaDalton]

Originally Posted by Fletch XXX

Already been settled in the US, way back in 1979

http://en.wikipedia.org/wiki/Time_shifting

In 1979, Universal sued Sony, claiming its timed recording capability amounted to "copyright infringement". However, a district court found that noncommercial home use recording was considered fair use and ruled in favor of Sony. In appeals, the United States Court of Appeals reversed this decision in 1981 giving the edge to Universal, but the Supreme Court of the United States reversed it yet again in 1984, and found in favor of Sony 5-4. The majority decision held that time shifting was a fair use, represented no substantial harm to the copyright holder, and would not contribute to a diminished marketplace for its product. Today, this is widely referred to as the "Betamax case" or "Betamax decision".

maybe settled, but exactly the other way round. no "fair use" allowed here

[Fletch XXX]

Originally Posted by MaDalton

maybe settled, but exactly the other way round. no "fair use" allowed here

that may be germany, but here in America we have third party time shifting services... and the action is not illegal here lol

[MaDalton]

Originally Posted by Fletch XXX

that may be germany, but here in America we have third party time shifting services... and the action is not illegal here lol

i know - but sometimes a small rock starts an avalanche

[Fletch XXX]

Originally Posted by MaDalton

i know - but sometimes a small rock starts an avalanche

So youre saying because some court in Germany declares something illegal, America will reverse a 30 year old landmark decision regarding copyright?

Sorry, but that will never happen.

I know you guys hate Gideon and all, but ignoring court cases that have withstood the test of time and numerous challenges will not help your debate.

Ive seen people on GFY make fun of "time shifting" and those who use the term, its a testament to their ignorance, nothing to do with the reality behind the court decisions and or facts.

Time shifting has been debated since I was born (1976) and time shifting is not only legal in the US, its how stations show different programs in one geo area and then the next.