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Originally Posted by gideongallery
the point is that the marketing fundamentals have not changed, people who see the movie in the theaters also buy and rent the movie when it comes out on dvd. Tell the truth do own a dvd of a movie that you have watched in the theaters. how about buying dvd of tv shows that aired on tv.
I own boxed sets of 24 and alias. I own tons of movies that i have seen in theaters
there is tons of evidence that the secondary viewing is not restricted to only those people who have not seen the first viewing. If secondary purchase can happen because of the first viewing (because the movie was so good that you want to buy the dvd for your collection) as from not viewing (i will get it when it on dvd instead) then at best the access shifted viewing is agnostic to secondary sale.
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I think I own about 10 DVD movies and all of them are movies I have seen in the theater beforehand. I have never purchased a TV show on DVD. For me the reason is simple. If I have seen...I have seen it and I would rather watch something new. I do understand that there are people who are different and will buy a ton of dvds of movies they have seen and will buy dvds of tv shows they have seen.
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but the point is that is just speculation (see above about agnostic to the secondary viewing) and what you need is cold hard proof when this becomes challenged in court.
Without licensing of the content thru bit torrent there will be no way to track it
which means the burden of proof will fall on the fair use right. Sometime in the future we may find that (just like timeshifting) it does in fact cause economic damage, but when that happens it will to late. The way the law works is that the exclusive rights do not exist for fair use.
Which means for the scope of fair use the content is public domain. Once in the public domain it can not be made private again. It is a one way trip.
Demanding fair and balanced liciencing is the only way to stop access shifting from happening.
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So basically you are saying that once a movie plays in a theater somewhere it now becomes public domain?