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but you don't see such restrictions explictly listed in that ruling.
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Of course I do see such restrictions explicitly listed in the court ruling:
http://www.eff.org/files/filenode/st...n-decision.pdf
"And because the RS-DVR system, as designed, only makes transmissions to one subscriber using a copy made by that subscriber, we believe that the universe of people capable of receiving an RS-DVR transmission is the single subscriber whose self-made copy is used to create that transmission... Given that each RS-DVR transmission is made to a given subscriber using a copy made by that subscriber, we conclude that such a transmission is not “to the public,”..."
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The court instead correctly concluded that each of theise copies is playable in only one household, which means we're talking about 1000 private viewings, not a public performance.
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each of these copies is the keyword - read the court ruling above. Not one copy for all viewers which will consitute a public performace, but one private copy for each users,
created by this user.
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the copy i download from the swarm is playable from my household not in yours, you have to create your own private copy to play it in your household. torrents meet that condition.
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If that copy was created by you, uploaded to the swarm by you, and can by downloaded/veiwed only by you - that's fair use and is not a public performace (read the court ruling above).
Also read this (yet another quote from the court ruling):
16 Professor Nimmer’s examination of this definition is
17 particularly pertinent: “if the same copy . . . of a given
18 work is repeatedly played (i.e., ‘performed’) by different
19 members of the public, albeit at different times, this
20 constitutes a ‘public’ performance.” 2 M. Nimmer, § 8.14
21 [C][3], at 8-142 (emphasis in original). . . . Although
22 Maxwell’s has only one copy of each film, it shows each copy
23 repeatedly to different members of the public. This
24 constitutes a public performance.
28 Unfortunately, neither the Redd Horne court nor Prof. Nimmer
29 explicitly explains why the use of a distinct copy affects the
30 transmit clause inquiry. But our independent analysis confirms
31 the soundness of their intuition: the use of a unique copy may
-41-
1 limit the potential audience of a transmission and is therefore
2 relevant to whether that transmission is made “to the public.”
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why, are you playing from the stream, or the private copy that is being buffered to your computer.
try pausing a video wait for the red bar to go across the entire timeline and then disconnect from the internet (disconnect from the broadcast). See if you can still play it.
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So how exactly buffering a public stream into your computer makes this publicly available stream not a public performance?